Individuals from foreign countries who are investing in the U.S. can have a wide range of immigration goals. Some might want to become permanent residents. Under current U.S. law, there is a green card route for investors: the EB-5 program.
Now, applying for an EB-5 green card has many complex aspects. The EB-5 program has various rules regarding what an investor has to do to qualify for permanent resident status under it. This includes rules on how much money they need to invest. The specific eligibility requirements for an investor depend on the particulars of the investment they are making, such as whether it will be in a targeted employment area and whether it will be part of a regional center investment. Our page on EB-5 visas goes over some of the different investment routes under the EB-5 program and how eligibility requirements vary among these routes.
Given the complexity of the rules and processes related to the EB-5 program, trying to apply for a green card under this program without making the proper preparations could have all kinds of hazards. Missteps during the application process could significantly jeopardize an investor’s immigration goals.
So, when preparing to apply for an EB-5 visa, having the right information and guidance can be crucial for a foreign investor. This is why seeking out the advice of a lawyer highly knowledgeable on the processes and eligibility requirements for applying for an EB-5 green card can be an important step for foreign investors looking into the EB-5 program.
Understanding the EB-5 Program in Detail
The EB-5 Immigrant Investor Program offers a direct route to permanent residency in the U.S. for eligible foreign investors. Managed by the United States Citizenship and Immigration Services (USCIS), the program aims to stimulate the U.S. economy through capital investment and job creation.
Applicants may choose between two primary paths:
- Direct Investment, where they actively manage the business.
- Regional Center Investment, where they invest in projects through USCIS-approved entities.
| Entity | Attribute | Value |
|---|---|---|
| EB-5 Investor | Investment Threshold | $1,050,000 or $800,000 in a TEA |
| EB-5 Investment | Job Creation Requirement | 10 full-time U.S. jobs |
| Investment Type | Mode | Direct or Regional Center |
| Regional Center | Role | Facilitates pooled investments and job metrics |
| Investor | Eligible Family | Spouse + Unmarried Children under 21 |
| USCIS | Initial Form | I-526 |
| Green Card | Initial Validity | 2 Years (conditional) |
| Investor Funds | Proof of Lawful Source | Bank records, sale of property, tax documents |
This breakdown helps simplify the eligibility framework, ensuring investors align their planning with official standards and expectations.
What Is a Targeted Employment Area (TEA)?
A TEA is a location designated by USCIS that qualifies for a reduced minimum investment amount of $800,000. These include:
- Rural areas outside metropolitan statistical boundaries
- High-unemployment zones, typically 150% above the national average
TEAs were introduced to promote development in areas that benefit most from foreign capital.
Comparing Direct vs. Regional Center Investment Paths
Direct Investment:
You create and run your own business, with full operational control but also full accountability.
Regional Center Investment:
You invest in a project managed by a regional center. This removes the need for hands-on management and allows for indirect job creation (e.g., through construction or operational spending).
How to Document the Lawful Source of Funds
One of the most scrutinized parts of the EB-5 process is proving the lawful origin of your investment. Common sources include:
- Sale of real estate or business
- Earned income over time
- Inheritance or gifts
- Dividends or stock liquidation
All sources must be backed with documentation such as:
- Tax returns
- Property sale contracts
- Bank transaction records
The EB-5 Visa Application Process in Practice
Step 1: Select Your Investment Path
Decide between a direct business venture or a regional center project. This sets the tone for your documentation, strategy, and legal planning.
Step 2: Conduct Financial and Legal Due Diligence
Vet the regional center, analyze project viability, and consult experts. Legal guidance at this stage can prevent future denials or audits.
Step 3: Capital Deployment
Transfer the required funds into the U.S. investment project escrow account.
Step 4: File Form I-526
Your attorney submits the petition to USCIS along with the evidence of investment and job creation plan.
Step 5: Receive Conditional Green Card
If approved, you and your immediate family will receive 2-year conditional green cards.
Step 6: Meet Job Creation Requirements
Within 2 years, your investment must lead to at least 10 full-time jobs for American workers.
Step 7: File I-829 to Remove Conditions
After the conditions are met, file to convert your temporary green card into permanent residency.
Additional Considerations: Living in the U.S. as an EB-5 Investor
Relocation Planning:
- Schooling options for children
- Real estate options and taxes
- Health insurance compatibility
- Establishing U.S. bank accounts and credit
Lifestyle Considerations:
Many investors choose locations based on proximity to their investments, cultural affinity, climate, or business opportunity. Understanding these lifestyle dynamics can make integration smoother and more fulfilling.
EB-5 and U.S. Tax Obligations
Becoming a green card holder means you’ll be treated as a U.S. tax resident.
You will need to:
- Report global income to the IRS
- Understand double taxation treaties
- Comply with FATCA and FBAR regulations if holding foreign bank accounts
Working with a cross-border tax specialist is strongly recommended.
EB-5 vs Other Immigration Paths
| Visa Type | Investment Needed | Family Eligible | Permanent Residency Path | Processing Complexity |
|---|---|---|---|---|
| EB-5 | $800K–$1.05M | Yes | Yes | High |
| E-2 | Variable | Yes | No (Non-immigrant) | Medium |
| L-1 | None | Yes | Possible via EB-1 | Medium |
| H-1B | Employer-funded | Yes | Indirect, limited | Very High |
Frequently Asked Questions
What’s the fastest way to get a green card via EB-5?
If you’re from a country without visa retrogression, a regional center investment in a TEA may allow faster processing and smoother job requirement handling.
Is the EB-5 program permanent?
Yes, but with periodic revisions. The EB-5 Reform and Integrity Act of 2022 introduced stricter oversight and reauthorization.
Can I exit the investment after receiving my permanent green card?
After successfully removing conditions with Form I-829, the investor is free to exit the investment, but legal and financial counsel is advised.
Can I apply while living in the U.S. on another visa?
Yes, adjustment of status is possible for those legally present in the U.S. (e.g., on H-1B or F-1).
Final Thoughts
The EB-5 program is a powerful route for global investors who wish to live, work, and thrive in the United States. However, it’s not a “set-it-and-forget-it” approach. Due diligence, legal compliance, and strategic planning are essential.
At Hussain & Gutierrez Law, we’ve helped hundreds of clients navigate the EB-5 landscape with precision and peace of mind.
- EB-5 Eligibility Assessments
- Project Vetting & Source of Funds Planning
- Full Legal Documentation & USCIS Representation
Schedule Your Consultation today and begin your journey toward U.S. residency through strategic investment.
