The EB5 Visa is an Investor Green Card program that allows foreign nationals to obtain permanent residence (Green Card) in the United States by investing between $800,000 and $1,050,000 in a qualifying U.S. business and creating at least 10 full-time jobs for American workers.
The EB-5 Visa is designed to promote economic growth and boost job creation by enabling investments in new commercial enterprises or Regional Centers. For high-net-worth individuals, this visa program offers a route to long-term residency in the United States and eventual citizenship via naturalization.
This guide provides a complete breakdown of the EB5 Visa, including requirements, investment options, costs, processing time, and how to apply.
EB5 Visa – Key Takeaways
What is the EB5 Visa?
The EB-5 Visa is a U.S. immigrant visa that provides foreign investors with a pathway to lawful permanent residence through job creation and capital investment either in a commercial enterprise or a Regional Center. Unlike other visas, such as the EB2 Visa (except EB-2 NIW), the EB5 Visa is a self-petition visa, meaning you don’t need employer sponsorship, making it more attractive to foreign investors and high-net-worth individuals.
The EB5 Visa program requires a minimum investment of $1,050,000 in regions with large markets or developed infrastructure. However, the investment amount can be reduced to $800,000 if made in a Targeted Employment Area (TEA). The minimum investment amount is subject to inflation and changes over time.
| EB-5 Visa: Quick Overview | |
|---|---|
| Minimum investment amount | – $1,050,000 in standard investment – $800,000 or Targeted Employment Area (TEA) |
| Investment type | Direct investment (own business) or Regional Center (pooled investment) |
| Job creation requirement | 10 full-time jobs for U.S. workers |
| Total processing time | 2 to 5 years for conditional permanent residency |
Benefits of the EB-5 Visa
- Direct pathway to Green Card: The EB-5 Visa grants lawful permanent residency (Green Card) to the investor, their spouse, and unmarried children under 21, allowing them to live, work, and study freely in the United States.
- No employer sponsorship or job offer required: The EB-5 is a self-petition visa, so applicants don’t need to show a job offer or employer sponsorship to qualify.
- Pathway to citizenship: After 5 years of permanent residency, EB-5 Visa holders can apply for U.S. citizenship through naturalization, provided they meet all other eligibility requirements.
- Potential ROI on capital: While the EB-5 program requires an “at-risk” investment, investors may receive a return of capital depending on how the business performs. However, this isn’t guaranteed.
- No language or education requirements: Unlike many immigration pathways, such as the EB-1 Green Card, the EB-5 Visa does not require language proficiency, prior business experience, or specific education.
EB5 Visa Requirements
To qualify for the EB-5 Immigrant Investor Program, applicants must make a minimum investment in a Targeted Employment Area (TEA) or a qualifying investment in a Regional Center. A Targeted Employment Area is an area with at least 150% of the U.S. standard unemployment rate.
The EB-5 Visa requirements are as follows:
- $1,050,000 in standard investment or $800,000 in Targeted Employment Area (TEAs) or rural area
- Create 10 permanent full-time jobs for U.S. workers (Green card holders, citizens, or anyone with authority to work) for a minimum of two years, either through direct investment in the new commercial enterprise or indirect investment through a Regional Center. Note that family members cannot be given jobs as part of the 10-person requirement.
Note: All EB-5 investors must create or maintain at least 10 full-time jobs for U.S. workers. The difference is that direct investments require you to hire employees yourself, while Regional Center investments allow jobs to be created indirectly through the project.
Lawful source of funds
Your investment capital must be from a legitimate source, such as inventory, secured debt, cash, equipment, or loan proceeds. You must also provide documentation proving the source of funds, such as bank statements or financial records.
Qualifying business
Some of the enterprises you can invest in include holding companies, sole proprietorships, business trusts, limited and general partnerships, corporations, joint ventures, and other privately or publicly-owned entities. Troubled businesses are exempt from the employment creation criteria. A troubled business is one that has been open for 2 years and has experienced a net loss of about 20% over the last 12 to 24 months.
How to apply for an EB-5 Visa? (step-by-step)
The application process for the EB5 Visa is in three main steps: file the immigrant petition, obtain conditional permanent residency and then secure a Green Card once the conditions are met.
Step 1: Choose an EB-5 investment: First, select a suitable EB-5 investment. You can do this through direct investment or a regional center that is approved by USCIS. Regional centers are entities designated by the USCIS to handle EB-5 projects. Most investors choose this path as they don’t need to manage the business’s daily activities.
Step 2: Make the investment: Once you choose the right project, invest the required capital into the enterprise.
Step 3: Once the investment is made, file Form I-526 (direct investment) or Form I-526E (regional center investment), depending on where you’re investing, to the U.S. Citizenship and Immigration Services (USCIS). Your EB-5 Visa lawyer can handle this part.
Step 4: Apply for conditional permanent residency: Once your I-526 or I-526E petition is approved, you can apply for a Green Card by one of the following:
- File DS-260 online if outside the country and attend an interview at the U.S. embassy or consulate
- File Form I-485 to adjust your status to permanent residency if located inside the United States.
Once approved, you and your immediate family members will receive a conditional Green Card valid for two years.
Step 5: Maintain the investment and job-creation requirements for the two years of conditional permanent residence. You must then file Form I-829 within the 90-day window before your conditional Green Card expires to remove the conditions.
Step 6: Once the I-829 EB-5 petition is approved, USCIS removes the conditions and grants you permanent resident status, which is a 10-year Green Card that is renewable indefinitely.
Documents Needed for the EB-5 Visa
EB-5 Visa applicants must provide:
- Valid passports for the applicant, spouse, and children
- Birth certificate, and marriage certificate if a spouse is applying with you
- Police or court records
- Passport-style photographs
- Proof of your qualifying EB-5 investment, or that you are actively in the process of investing
- Evidence that your investment funds came from a lawful source, such as tax returns, bank records, business records, sale documents, loan records, or other financial evidence
- Business and project documents, including records for the new commercial enterprise and supporting business plan materials
- Evidence that the investment has created, or is expected to create, at least 10 full-time jobs for qualifying U.S. workers
- If filing from inside the United States, documents required for Form I-485, such as identity and birth records and medical exam documentation
- If applying from outside the United States, documents required for Form DS-260 and immigrant visa interview processing, including civil documents and country-specific consular documents
- If filing Form I-829, evidence that you sustained the investment and met the job creation requirement, such as bank statements, invoices, contracts, payroll records, tax documents, and Forms I-9, where applicable
- Copies of approval notices, filing notices, and receipts related to your EB-5 case, where relevant
How much does the EB-5 Visa cost?
The EB-5 Investor Visa comes at a total cost range of $8,000 – $10,000, based on where you file the application. If your investment goes into a Regional Center, then the administrative fees vary from $50,000 to $80,000. The EB-5 Visa costs and application fees are as follows.
| Form/Fee | Price |
| I-526 / I-526E | $3,675 |
| I-829 | $3,750 |
| I-485 (if in the U.S.) | $1,440 |
| DS-260 (if abroad) | $325 |
| EB-5 Integrity Fund fee (regional center) | $10,000-$20,000 |
| Affidavit of Support Fee (if required) | $120 |
Other EB-5 Visa costs to consider include biometrics, which can cost $85 per person (or per immediate family member). EB-5 Investors may also pay for other administrative fees, such as translation of required documents, travel expenses, and lawyers. An EB5 Visa lawyer and immigration specialists at Global Citizen Solutions can streamline the process and provide accurate estimates of all potential expenses.
EB-5 Visa Processing Time
The EB-5 Visa petition (Form I-526/I-526E) processing time can take 10 – 30 months. The total timelines, including the conditional Green Card application and removal of conditions (Form I-829), can take about 3 – 5 years. Processing time can also be significantly longer for applicants from high-demand countries due to annual visa caps and backlogs. Also, the length of time varies from case to case and cannot be predicted for individual cases with any accuracy.
Does the EB-5 Visa lead to citizenship?
Yes. EB-5 Visa holders may be eligible for citizenship through naturalization after 5 years of holding a Green Card (including the conditional period) provided they meet all naturalization requirements, such as:
- passing a civics test and English test
- demonstrating good moral character
- showing continuous residence and physical presence in the U.S.
Why work with Global Citizen Solutions?
Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
- Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
- Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
- All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
- Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
- The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.
