EB-5 Overview

The EB-5 Immigrant Investor Program was established by the U.S. Congress in 1990 with the goal of stimulating the U.S. economy through foreign direct investment and job creation. This program provides eligible investors and their immediate family members (spouse and unmarried children under the age of 21) the opportunity to obtain U.S. permanent residency. Applicants must invest at least $800,000 USD (if the investment is in a Targeted Employment Area – TEA), or $1,050,000 USD (if outside a TEA), and must demonstrate that the investment will create at least 10 full-time jobs in the U.S. There are two types of investment options: one is direct investment in the investor’s own new business; the other is indirect investment through a USCIS-approved regional center into large-scale projects like real estate or infrastructure. The regional center model is preferred by most applicants due to its risk diversification and simplified management.
The overall process is divided into three main stages: First, the applicant files Form I-526 (or I-526E for regional center investments). Upon approval, the investor obtains a conditional green card valid for two years. During the two-year period, the investment and job creation requirements must be met. Then the investor can file Form I-829 to remove conditions and obtain permanent residency. The entire process generally takes 3–5 years, depending on individual cases and USCIS processing times.
Since the implementation of the EB-5 Reform and Integrity Act (RIA) in 2022, the program has seen significant improvements in review mechanisms, fund security, and transparency. New features include the “EB-5 Integrity Fund” and stricter regulation of regional centers to better protect investors and reduce fraud risks.
EB-5 is a relatively stable immigration route with low entry barriers (no language, education, or professional background requirements) that enables the entire family to obtain green cards. It is especially suitable for high-net-worth individuals and families seeking to enter the U.S. market through asset allocation and secure a future for the next generation. Choosing a reliable regional center and a compliant project is a key factor for success.
ADVANTAGES OF EB-5
- Concurrent Filing for Faster Processing: EB-5 investors can now file Form I-526 and their visa application simultaneously, saving time and offering greater flexibility.
- Freedom to Live and Work Anywhere: Investors can live, work, or start a business anywhere in the U.S. without the need for employer sponsorship or visa limitations.
- Pathway to Citizenship: Green card holders may apply for U.S. citizenship after five years and enjoy full citizen rights.
- Family Inclusion: Spouses and unmarried children under 21 also receive green cards and can benefit from living, working, and studying in the U.S.
- Education Benefits for Children: Children can enjoy in-state tuition rates, significantly lowering the cost of higher education, and gain access to more scholarships and financial aid.
- Social Security and Welfare Benefits: Green card holders are eligible for social security, Medicare, and unemployment benefits.
- No Need for Renewal: Permanent residents do not need to renew their status regularly, unlike work or student visas.
- Business and Investment Freedom: Investors can freely open businesses, invest in real estate, or operate any business activities without needing additional commercial visas.
- The investors have no obligation or requirement to accept employment.
- Permanent residents need not be continuously and physically present in the United States, and they can maintain business and professional relationships in their country of origin (some requirements exist ask your immigration counsel).
- The EB-5 investment program does not require immigrant investors to manage their investment on a daily basis, but rather they are allowed to be deemed to ‘actively engage’ in a business enterprise, meaning they can be limited partners (this is the structure of all CMB investments) and pursue other professional or personal ventures.
- Should the investor and his or her family elect to become United States citizens, the time spent as conditional permanent residents is credited towards the five year lawful permanent residency requirement for United States citizenship.
- As a permanent resident, the investor and his or her family are free to return to their homeland for visits or business purposes, as long as a residence is maintained in the United States.