EB-5 is the fifth preference category for U.S. employment-based immigration, allowing investors to obtain green cards by creating jobs in the United States through direct investment or regional center programs.
Current Priority Dates
Current bulletin dates
(EB5)Historical Trends
Visa Bulletin trends
Investment Types
Direct Investment
Investors directly create or invest in a commercial enterprise.
Investment Amount Requirements:
- Standard areas: $1,050,000
- TEA (Targeted Employment Area): $800,000
Job Creation Requirements:
- Must create at least 10 full-time jobs
- Direct employment of U.S. workers
- Jobs must be within the investment enterprise
Advantages:
- Greater control over investment
- Not dependent on regional center operations
Disadvantages:
- Requires direct business management
- Stricter job creation documentation requirements
- Requires more business experience
Regional Center Investment
Investment through USCIS-approved regional centers.
Investment Amount Requirements:
- Standard areas: $1,050,000
- TEA: $800,000
Job Creation Requirements:
- Can use indirect job calculations
- Includes direct, indirect, and induced employment
- Demonstrated through economic models
Advantages:
- Passive investment, no business management required
- More flexible job calculation methods
- Professional teams operate projects
Disadvantages:
- Less control over investment
- Dependent on regional center's operational capability
- Must carefully select projects
TEA - Targeted Employment Areas
TEA Definition
Targeted Employment Areas include:
- Rural areas: Not within a metropolitan statistical area, with population under 20,000
- High unemployment areas: Unemployment rate at least 150% of the national average
TEA Benefits
- Investment requirement reduced by $250,000 ($1,050,000 → $800,000)
- Most EB-5 projects are located in TEA areas
- Requires state or USCIS certification
Application Process
Phase 1: I-526/I-526E Filing
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Select Investment Project
- Evaluate regional center or direct investment opportunities
- Conduct due diligence
- Confirm TEA qualification
-
Source of Funds Documentation
- Prove lawful source of investment funds
- Includes income, asset sales, gifts, loans, etc.
- Detailed financial documentation required
-
Complete Investment
- Transfer funds to commercial enterprise
- Execute investment agreements
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File I-526/I-526E
- I-526: Traditional regional center or direct investment
- I-526E: Pre-approved regional center projects
Phase 2: Conditional Green Card
- Upon I-526 approval, receive 2-year conditional green card
- Investment and job creation conditions must be maintained
- Free to work and live in the United States
Phase 3: I-829 Condition Removal
-
Filing Timeline
- File within 90 days before conditional green card expiration
-
Evidence Requirements
- Investment has been sustained
- Jobs have been or are being created
- Investment has not been withdrawn
-
Approval Result
- Receive 10-year permanent green card
EB-5 Reform and Integrity Act (RIA)
The 2022 EB-5 Reform and Integrity Act brought significant changes:
Key Changes:
- Regional center program reauthorization
- New visa set-aside categories
- Enhanced investor protections
- Strengthened oversight requirements
Visa Set-Asides:
- 20% for rural projects
- 10% for high unemployment areas
- 2% for infrastructure projects
Risk Considerations
- Investment Risk: Investment may result in loss
- Immigration Risk: Application may be denied
- Project Risk: Regional centers may close
- Timing Risk: Long priority date wait times
- Policy Risk: Regulations may change
Recommendations:
- Conduct thorough due diligence
- Consult with qualified immigration attorneys
- Understand project exit mechanisms
- Diversify investment risk