The EB-5 Immigrant Investor Program provides a pathway to U.S. permanent residency for foreign nationals who invest a significant amount of capital in a new commercial enterprise that creates at least 10 full-time jobs for U.S.
31 steps across 4 sections
1. Eligibility
- Investment amount $1,050,000 standard, or $800,000 if investing in a Targeted Employment Area (TEA) - a rural area or area with high unemployment. These amounts are scheduled for inflation adjustment in January 2027.
- Job creation The investment must create at least 10 full-time positions for qualifying U.S. workers (not including the investor or family members).
- Lawful source of funds Must demonstrate through extensive documentation that all investment capital was obtained through lawful means.
- New commercial enterprise The investment must be in a qualifying new commercial enterprise (formed after November 29, 1990, or restructured/expanded existing business).
- At-risk investment Capital must be genuinely at risk for the purpose of generating a return; loans secured by the enterprise's assets generally do not qualify.
- No criminal bars Applicants must be admissible to the United States.
2. Steps Process
- Choose investment route: Direct investment or Regional Center project.
- Conduct due diligence: Research the project, verify TEA designation, review business plan, and consult with immigration and securities attorneys.
- Document source of funds: Compile 5-7+ years of financial records proving lawful origin of investment capital.
- Make the investment: Transfer funds to the new commercial enterprise.
- File Form I-526E (Immigrant Petition by Alien Investor): Submit to USCIS with evidence of investment, source of funds, job creation plan, and business plan.
- Wait for I-526E approval: Processing times vary; rural TEA projects are prioritized.
- Adjust status (I-485) or pursue consular processing (DS-260) for conditional green card.
- Receive conditional green card: Valid for 2 years.
- File Form I-829 (Petition by Investor to Remove Conditions): Must be filed within the 90-day window before the 2-year conditional period expires, demonstrating that the investment was sustained and...
- Receive permanent (10-year) green card upon I-829 approval.
3. Documents Needed
- Form I-526E with filing fee
- Comprehensive business plan demonstrating job creation
- Evidence of investment (wire transfer records, bank statements, subscription agreements)
- Source of funds documentation (5-7+ years of tax returns, business records, real estate transactions, inheritance documents, gift records)
- TEA designation evidence (if claiming reduced investment threshold)
- Regional Center designation letter (if applicable)
- Corporate formation documents for the new commercial enterprise
- Form I-485 or DS-260 application
- Medical examination (Form I-693)
- Police clearance certificates
4. Timeline
- I-526E processing 12-48+ months (rural TEA projects processed significantly faster).
- Conditional green card period 2 years.
- I-829 processing 12-36+ months.
- Total from filing to permanent green card 4-8+ years.
- Rural TEA advantage Concurrent filing of I-526E and I-485 is available for rural TEA investors, significantly shortening time to work authorization and travel documents.
Common Mistakes
- Inadequate source of funds documentation
- Choosing a fraudulent or poorly structured Regional Center project
- Not maintaining the investment at risk
- Insufficient job creation evidence
- Missing the I-829 filing window
Pro Tips
- Rural TEA investments offer significant advantages in 2026
- Hire both an immigration attorney and a securities attorney
- Start gathering source of funds documents early
- Choose established Regional Centers
- Understand the risk