EB-5
EB-5 is an immigration category for investors who place capital in an eligible commercial enterprise and meet job creation requirements. The assessment involves both the investor and the project; it is not simply a transfer of funds to the United States.
An investment and job creation program
Created by Congress in 1990, EB-5 aims to stimulate the U.S. economy through capital investment and jobs. The regional center program began in 1992 to allow projects associated with USCIS-designated centers. EB-5 is the fifth employment-based immigration preference and may lead to permanent residence for investors and eligible family members.
Minimum amounts and qualifying areas
As checked in September 2026, the minimum investment is generally US$1,050,000, or US$800,000 in a Targeted Employment Area (TEA) or eligible infrastructure project. A TEA may be rural or high-unemployment; a seemingly suitable location is not enough, as the project must meet the applicable definition. These amounts represent minimum capital, not the total cost of the process. The law provides for adjustments starting in January 2027, so the amount must be confirmed for the petition date.
At least ten qualifying jobs
The investment must create at least ten full-time jobs for qualifying U.S. workers. Counting methods and documentation depend on the project structure. Preserving existing jobs can satisfy the requirement only under specific provisions for troubled businesses; simply retaining any workforce is insufficient. The business plan and implementation evidence must support the employment requirement.
Direct investment or a regional center
Direct investment focuses on the enterprise and qualifying direct jobs. In projects associated with USCIS-designated regional centers, investors may participate in pooled capital structures and demonstrate jobs through permitted economic methodologies, including certain indirect and induced effects, subject to legal limits. Regional center designation does not guarantee individual approval, project safety or return of capital.
Lawful source and path of funds
Capital must be shown to have been lawfully obtained, and its path to the investment must be documented. Tax returns, business records, contracts, statements and evidence of sales, gifts or other sources may be relevant depending on the case. Capital must be genuinely committed and at risk under program rules; merely transferring money or buying a home for personal use does not satisfy EB-5.
Petition, conditional residence and removal of conditions
After structuring the investment and gathering evidence, the filing uses Form I-526 for a standalone investor or I-526E for a regional center investor. Residence depends on consular processing or adjustment of status where available, and visa availability. Initial residence is conditional for two years; Form I-829 is the later petition to remove conditions by demonstrating compliance. Timelines vary with the petition, waiting line and project and family circumstances.
Family and visa availability
A spouse and unmarried children under 21 may qualify as derivative beneficiaries under applicable eligibility and age-protection rules. EB-5 is subject to annual limits: the historical reference of around ten thousand visas is not a fixed total for every year. Allocation includes reserved-category rules and country availability; the priority date and Visa Bulletin must be monitored during processing.
How we can help
01 · Understand
Your history and goals guide the initial assessment and identification of relevant issues.
02 · Organize
The team identifies the information and evidence needed and explains the scope of the proposed work.
03 · Follow through
You receive guidance on the stages of our services and next steps, according to the agreed scope.
Frequently asked questions
Does the investment guarantee immigration approval or a financial return?
No. Immigration requirements and investment risks must be assessed separately. Legal assessment does not replace financial analysis of the business.
What is the EB-5 visa?
It is a permanent residence pathway through investment in a qualifying U.S. commercial enterprise and job creation. Qualification depends on the capital, its source, the project and compliance with immigration requirements.
How much must I invest?
Amounts checked in September 2026 are generally US$1,050,000 or US$800,000 for a qualifying TEA or infrastructure project. Administrative, legal and government costs are additional. Confirm the amount applicable on the petition date and the project’s qualification.
How many jobs are required?
At least ten full-time jobs for qualifying workers. Counting rules differ between direct and regional center investment; job preservation is a specific provision for troubled businesses.
Can I invest through a regional center?
Yes, in a compliant project associated with a USCIS-designated regional center. The structure may allow pooled capital and specific employment methodologies, but the enterprise and individual documentation must be assessed.
Must I prove the source of funds?
Yes. The lawful source and path of funds must be documented. Required documents depend on how the capital was accumulated and transferred.
How long does it take and what are the stages?
The process includes investment and evidence, I-526 or I-526E, conditional residence and I-829 to remove conditions. There is no guaranteed general two-to-five-year timeline: processing, visa availability and individual circumstances must be checked.
Which family members can accompany me?
A spouse and unmarried children under 21 may be included as eligible derivatives under applicable rules. Age and family documentation should be assessed from the planning stage.
Do I need to send documents when I first get in touch?
The team will explain which information is needed and the appropriate channel for sending private documents.
Can approval or a timeline be guaranteed?
No. Government decisions and processing times depend on the authorities and the circumstances of each case.
Information in context
Informational content. Eligibility, documentation and strategy depend on individual assessment and the rules applicable to the case.
Official reference ↗