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EB-5 Investor Visa

InvestmentModerate

The EB-5 Investor Visa allows foreign investors to obtain U.S. permanent residency by investing in a new or existing commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

Overview

The EB-5 Investor Visa is a U.S. immigrant visa category designed to attract foreign capital and stimulate job creation. Investors must invest in a new or restructured commercial enterprise in the United States and meet job creation requirements. The minimum investment amount varies depending on whether the investment is made in a Targeted Employment Area (TEA), which includes rural areas or areas with high unemployment. The exact amounts are subject to official updates. Investors must demonstrate that the investment funds are obtained through lawful sources. After receiving a conditional green card, investors may apply for permanent residency after 21 months. This pathway is suitable for individuals with sufficient assets who are willing to assume investment risks, as the investment is at risk and principal may be lost.

Requirements

  • Meet the minimum investment amount as officially required (subject to updates).
  • Investment funds must be obtained lawfully, with detailed source documentation.
  • Investment must be in a new or restructured for-profit commercial enterprise.
  • Create at least 10 full-time jobs for U.S. workers (excluding the investor and immediate family).
  • Investor must be actively involved in management or policy-making (day-to-day operations may be delegated).
  • If investing in a TEA, provide TEA designation certification to qualify for a lower investment amount.

Application steps

  1. Choose an investment project: direct investment or through a USCIS-approved regional center.
  2. Prepare source of funds documentation: bank statements, property appraisals, business records, etc.
  3. File Form I-526 with USCIS, including investment plan and source of funds evidence.
  4. Wait for I-526 approval (USCIS reviews compliance and legality of funds).
  5. Apply for a conditional green card: consular processing if abroad, adjustment of status if in the U.S.
  6. Receive a 2-year conditional green card.
  7. File Form I-829 within 90 days before the conditional green card expires, proving ongoing investment and job creation.
  8. Obtain permanent green card upon I-829 approval.

Tips

  • When choosing a regional center project, verify its USCIS approval status and track record to avoid fraud.
  • Source of funds documentation must be complete and clear, especially for large amounts; provide a full chain.
  • Investment funds must be actually deployed and remain at risk; no guaranteed returns are allowed.
  • Job creation must strictly meet the 10 full-time requirement; part-time or duplicate jobs may lead to denial.
  • It is advisable to hire an experienced immigration attorney to ensure compliance.
  • Be aware of the timeline: from application to conditional green card may take several years; maintain the investment throughout.
  • If the investment fails or jobs are insufficient, the I-829 may be denied, resulting in loss of green card.

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