The EB-5 visa offers a pathway to U.S. residency through investment, allowing you to live, work, and study in the United States. It is for foreign nationals who invest at least $800k in a commercial enterprise in the U.S.

The American Dream draws over 50 million international visitors to the United States every year.

Many aspire to call the United States their home, immigrating to the country is a challenging process, often fraught with extensive delays. Depending on where you are from, you can be waiting years for your application to just be reviewed.

Luckily, there is the EB-5 Visa, an immigrant investor program that is one of the fastest ways to achieve permanent residency in the United States for individuals and their families.

An EB-5 visa is granted to accredited investors that are willing to make a one time $800,000+ USD investment in a commercial enterprise within the United States.

The program puts you on a path to receive a permanent U.S. green card for you, your spouse, and all unmarried children under 21 with a single investment. It’s more than just a green card program, with EB-5 visa holders able to apply for U.S. citizenship after five years of legal residency.

We will break down everything you need to know about the EB-5 Visa Program and how you can qualify.

The primary benefit of the EB-5 Visa is being granted permanent residency (Green Card) in the United States.

This can be especially advantageous for Indians or others from countries that often phase significant backlog and immigration delays.

Eligible investors can utilize the EB-5 visa to become permanent residents of the United States and bypass any country specific backlog.

A major benefit to the visa is it extends to the investors spouse, and any unmarried children under 21.

If you are interesting in working, living, or opening a business in the United States, the EB-5 visa might be your fastest path.

Here are all the benefits you can expect once you are in the program.

Investing in an EB-5 visa comes with certain requirements, mainly around the investment itself. Residents of all countries can apply for an EB-5 visa but the investment itself needs to meet the following requirements:

• You must invest in a “new commercial enterprise.”
• You must invest at least $1,050,000 in the new commercial enterprise. (You may qualify to make a reduced investment of $800,000 if the investment is located in a Targeted Employment Area.
• Your investment must meet the EB-5 job creation requirements of creating at least 10 full-time jobs for US workers.
• Your investment funds must be “at risk.”
• The funds used for your investment must have been lawfully obtained.
• You must engage in the management of the new commercial enterprise.

Once your investment meets the above requirements it will be considered qualified for you to receive a visa.

It is important for you to do your research in advance and understand the project you are investing in prior. Investments should be treated as any other and no guarantee of return on investment can be expected.

To help you understand the requirements, you will need to know how each of the following is defined:

New Commercial Enterprise

A for-profit business conducting activity that must be commercial. So owning and operating a piece of residential real estate wont qualify. Businesses established on or before November 29, 1990 can also qualify as a new commercial enterprise if: the investor substantially reorganizes or restructures the business; or if the investor increases the size of the business that typically equals a 40% increase in the number of employees of the business; or a 40% increase in the net worth of the business.

Qualified Businesses

Include sole proprietorships, limited and general partnerships, LLCs, and many more. You may also be eligible if you start a new business, invest in an existing business, buy an existing business or, invest in a regional center.

Targeted Employment Area

An area of high unemployment or a rural area (as defined by the Immigration and Nationality Act). An area of high-unemployment is an area that has an unemployment rate of at least 150% of the national average unemployment rate. A rural area is an area that is not located within a metropolitan statistical area (MSA) and is not located within any city or town having a population of 20,000 people or more. Investors can qualify for a reduced investment amount of $800,000 if your project is qualified in this category.

While the EB-5 visa requires a minimum investment of $800,000 for projects in rural areas and those with high unemployment, or alternatively, the minimum $1,050,00 for projects and businesses that do not fall into this category, that may not be the full amount you end up paying.

It’s crucial to budget for the administrative fees involved with the EB-5 investment visa application. These can range from $60,000 to $100,000 throughout the application process. In addition, you will likely have attorney fees, as well.

There are specific costs involved with an EB-5 visa:

• Form 1-526 fee of $11,160.
• Consular processing fee of $345.
• The cost of a medical exam varies by country.

Most EB-5 visa applicants will choose to invest in TEA areas with the lower $800,000 investment threshold. Non-TEA projects have a higher investment threshold of $1,050,00 but cater to foreign investors with different risk tolerance and investment goals.

As an example, assuming you invest in a Rural TEA project or an HUA TEA project, here is a list of fees you may incur:

While these fees are a good rule of thumb to begin the process, it is important to understand that they will likely go up over time. You may incur additional fees depending on the number of dependents and whether you are concurrently filing. Therefore, we suggest you set aside an additional $100,000-160,000 for fees in addition to the investment itself.

One of the key requirements of the EB-5 visa is that the funds used for an EB-5 investment must be lawfully obtained. This means that you must prove the funds have been obtained through lawful activity and cannot be obtained through any illegal conduct.

Some examples of legitimate source of funds include:

• Income earned from employment
• Income from the sale of a property
• A loan taken against equity in real estate
• Income from the sale of a business
• An inheritance
• A gift

To prove the above funds are obtained lawfully, you will submit many documents showing how the funds were earned, including bank statements and tax returns.

The main component of the EB-5 Visa program is the capital investment in a commercial enterprise. Capital investment from foreign investors can come in the form of cash, equipment, inventory, property, or secured debt.

For a full breakdown of costs see how much EB-5 investors typically spend.

To qualify for an EB-5 visa, an investor can choose the following EB-5 investment options – direct investment or they can invest in a regional center.

A regional center is a business entity regulated by USCIS, that is able to pool capital from multiple EB-5 investors to develop a project. Regional centers must promote economic growth, regional productivity, and job creation. They usually develop large-scale hotels, resorts, and other real-estate projects.

A direct investment includes starting a business, purchasing an existing business, or investing in an existing business. With direct investments, the investor usually has significant control of the business and is actively involved in the day-to-day operations of the business.

The primary differences between direct investments and regional center investments have to do with the investors level of control in the investment and the way the jobs get calculated, to meet the EB-5 job creation requirement.

Another major difference is in the job requirements, as direct investments count only jobs that are directly created by the new commercial enterprise and regional centers can count indirect jobs are jobs “that are held outside of the new commercial enterprise but are created as a result of the new commercial enterprise.”

This is typically why many investors tend to go with regional centers as they help guide you through the process and can more reliably meet the EB-5 requirements.

Application timelines for EB-5 investment visas may vary by individual. The EB-5 visa priority date it starts after completing an I-526 petition that typically takes 2 months. However, depending on your situation, this can take up to eight months.

The timeline depends on how the investor decides what to invest in and how they conduct their due diligence. Investors will have to collect and provide documentation demonstrating their funding source to show they have the resources to make the necessary $800,000 investment.

An example timeline can be seen below:

While the above timeline may not fit everyones case, it is a typical scenario followed by other investors.

Most of this time throughout the process will be spent preparing documentation and ensuring it meets USCIS requirements. Taking the time to research and review your application will help streamline the process and prevent delays.

The EB-5 visa processing time will vary, with a current estimated timeframe of 21 to 27 months. Before the pandemic, the USCIS had an average processing time of just over 14 months for EB-5 visas. The USCIS Immigrant Investor Program Office (IPO) assesses visa availability monthly by reviewing the Department of State’s Monthly Visa Bulletin.

Before getting started, it’s important for you to prepare your documents, funds, attorney, and exploring investment options by connecting with a Regional Center that can ensure a smooth process.

The first step any applicant should take is to research the EB-5 visa program and determine if you are a qualified investor. If you need help navigating how the process may apply to you, request more information from us here.

Once you are prepared to start the process, the application is generally as follows:

1. Hire an Attorney

After determining your interest in applying, you should first hire an attorney with experience handling EB-5 cases. You should seek an attorney that is qualified, has a track record of successful EB-5 Visas, and one that you get a long with, after all they will be helping you for many years to come.

Whether you are looking for a Direct EB-5 Investment or going through the Regional Center, an EB-5 lawyer is key to making the process go smoothly and understanding all of the risks along the way.

Some factors you should consider when picking an attorney include:

• Experience: Look for an attorney with extensive experience, specifically in EB-5 visa applications, and a strong track record of successful cases.
• Credentials & Qualifications: Ensure they are licensed to practice immigration law and what organizations they are a member of, such as the American Immigration Lawyers Association (AILA) or Invest in the USA (IIUSA).
• Reputation: How active are they in the space, and what do their reviews or testimonials say about them and their work?
• Consultation: Schedule an initial consultation with them to ask them initial questions. Many offer free consultations.
• Communication: Ensure they are good at communicating, not only while trying to get your business but also asking others how they are during the process after filing your initial petition. You will work with them for years, so communication and accessibility are crucial.

2. Select an Investment

Here is where you need to do your most due diligence and treat the project you select as an investment. While it is not guaranteed you can retain (or gain) money on your investment, you should choose after doing your research.

You’ll want to select an EB-5 investment that you are comfortable with just like any other investment. You can also partner with an investment advisor or regional center. However, your lawyer should not be the one providing investment advice.

Most importantly, you’ll want to make sure your investment meets the requirements for the EB-5 visa program.

3. Invest Your Funds

In order to start the next process of submitting your I-526E, you will need to actually complete your investment in the new commercial enterprise.

You will then need to provide proof that you have investment your funds when filing your application. It’s possible to transfer your funds into an escrow account and release upon receiving approval. However, an intent to invest is not sufficient to be approved to move to the next stage.

4. Submit Form I-526E

Now that your funds are invested, the first step in the actual application process is submitting a Form I-526E. This step is where you’ll show the evidence that you meet the requirements of the EB-5 immigrant investor program.

You can apply for Form I-526E to show that you have invested or are actively investing in a new commercial enterprise (NCE) that will benefit the U.S. economy by creating full-time employment for at least 10 U.S. citizens.

The Form I-526E will show that:

• The individual has invested in a for-profit venture that meets the requirements of the EB-5 immigrant investor program.
• If the investment is $800,000, the area in which it is made qualifies as a Targeted Employment Area (TEA).
• The applicant will be involved in the business, and the venture will create at least 10 new jobs.
• If the individual invests in a troubled business, the number of employees will not fall below the pre-investment levels for at least two years after the petition.

Form I-526E is a self-petitioning visa, meaning you can complete it yourself or hire a representative to do so. You’ll need to provide evidence of the investment, business resignation records, tax returns, and evidence of other sources of capital.

As a rule of thumb, you should also always check I-526E processing time, this will keep you honest.

5. Submit a Green Card Application/DS-260 Application

When your Form I-526E is approved, the next step is to apply for a green card with a DS-260 if you’re living abroad. This process will involve consulate processing and includes a medical exam. You’ll need to make an appointment at the U.S. consulate or embassy in your country of residence, where you’ll attend an interview.

If your DS-260 application is successful, you and any family members associated with it will receive a conditional green card that is valid for two years.

6. Remove Conditions/Form I-829

After 2 years, a foreign investor will apply to remove the conditions of the green card by filing a Form I-829 within 90 days of its expiration date. This process requires you to show documentation relating to the status of the commercial enterprise you originally invested in, currently the number of employees, the total capital invested, and the region where the business is located.

If the green card conditions are removed, applicants will be given lawful permanent residency for 10 years before renewing their green card.

An EB-5 visa is ideal for those who can afford to make a substantial investment in the U.S. economy and want to streamline the immigration process with a path to permanent residency and U.S. citizenship.

After the applicant receives their green card, the invested funds must remain in the project for at least three to seven years, depending on the specific project. The conditional green card period ends after two years, with the conditions removed upon review.

If you’re interested in pursuing a life in the United States and have a net worth of more than $1 million, fill in our form to see if you qualify, you could be an ideal candidate for an EB-5 investment visa.