Browse StatesAboutVisa StrategySponsor CheckerVisa IntelligenceLottery CalculatorPricing

EB-5 Immigrant Investor Visa

Invest in a U.S. business, create jobs, and earn a green card for yourself and your family.

The EB-5 Immigrant Investor Program provides a direct path to U.S. permanent residency for foreign nationals who make a qualifying investment in a U.S. commercial enterprise that creates at least 10 full-time jobs. Reauthorized and reformed by the EB-5 Reform and Integrity Act of 2022, the program remains one of the few ways to obtain a green card through capital investment alone.

How the EB-5 Program Works

The EB-5 program was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Investors who meet the program's requirements receive conditional permanent residency (a 2-year green card), which can be converted to unconditional permanent residency after demonstrating that the investment was sustained and the job creation requirement was met.

Investment Requirements

The EB-5 Reform and Integrity Act of 2022 set the following investment thresholds:

  • Standard investment: $1,050,000 for investments in a new commercial enterprise anywhere in the United States.
  • TEA investment: $800,000 for investments in a Targeted Employment Area — defined as a rural area or an area with unemployment at least 150% of the national average.
  • Infrastructure projects: TEA-level investment ($800,000) is also available for qualifying infrastructure projects.

The investment amounts are subject to adjustment for inflation every 5 years. The funds must come from lawful sources, and investors must provide detailed documentation tracing the origin of their capital.

Job Creation Requirement

Each EB-5 investor must create or preserve at least 10 full-time jobs for qualifying U.S. workers. For direct investments, these must be direct employees of the business. For Regional Center investments, indirect and induced jobs (calculated through economic modeling) also count toward the requirement.

Direct vs. Regional Center Investment

Investors can choose between two approaches:

  • Direct investment: The investor creates or purchases a business and manages it directly. All 10 jobs must be direct W-2 employees. This path gives the investor full control but requires active management.
  • Regional Center investment: The investor places capital in a USCIS-designated Regional Center project (often real estate development). Job counting includes indirect jobs. This is a more passive option but depends on the Regional Center's track record and project viability.

EB-5 Timeline

The EB-5 process typically takes 2 to 5 years from initial investment to unconditional green card. Key steps include filing Form I-526E, receiving conditional residency, investing and creating jobs over 2 years, and filing Form I-829 to remove conditions. Processing times vary significantly — I-526E processing alone can take 12 to 36 months depending on USCIS workload and the investor's country of birth.

EB-5 Set-Aside Visas

The 2022 reform created set-aside visa categories that provide faster processing for certain investments: 20% for rural TEA projects, 10% for high-unemployment TEA projects, and 2% for infrastructure projects. Rural TEA projects in particular have seen significantly shorter wait times and are increasingly popular with investors from countries with long backlogs like India and China.

Risks and Considerations

The EB-5 is a significant financial commitment with real risk. Investors can lose their capital if the business fails, and immigration approval is not guaranteed even if the investment is made. Regional Center fraud has been a documented issue — investors should conduct thorough due diligence and work with experienced EB-5 attorneys and financial advisors before committing funds.

Find Your H-1B Sponsor

Search thousands of verified H-1B sponsors by company, industry, and location.

Search H-1B Sponsors on Wisa →

Frequently Asked Questions

How much does an EB-5 visa cost?

The minimum investment is $800,000 for Targeted Employment Area (TEA) projects or $1,050,000 for standard investments. Additional costs include legal fees ($15,000-$50,000), USCIS filing fees, and Regional Center administrative fees if applicable.

How long does the EB-5 green card process take?

The total process typically takes 2 to 5 years. I-526E petition processing takes 12 to 36 months, followed by 2 years of conditional residency before filing I-829 to remove conditions. Rural TEA set-aside projects may process faster.

Can I get my EB-5 investment back?

The investment must remain at risk throughout the conditional residency period (approximately 2 years). After conditions are removed and the green card is finalized, investors in Regional Center projects may receive a return of capital depending on the project terms. Direct investors can sell the business.

Does EB-5 have a country quota or lottery?

There is no lottery, but EB-5 visas are subject to per-country limits of 7% of the annual allocation. This has created multi-year backlogs for investors from India and China. The 2022 reform's set-aside categories help reduce wait times for qualifying projects.

Related Guides