EB-5 Investor Green Card
The EB-5 program offers something rare in U.S. immigration: a route to a green card you control through your own capital, with no employer sponsor and no lottery. Invest in a job-creating American business, meet the rules, and you and your immediate family can become lawful permanent residents.
The path is rewarding but document-heavy, and a knowledgeable EB-5 investor green card lawyer can be the difference between a smooth approval and a costly request for evidence. Here is how the program works, who qualifies, and what to expect.
What Is the EB-5 Investor Green Card?
Created by Congress in 1990, the EB-5 Immigrant Investor Program stimulates the economy through foreign investment and job creation. In exchange for a qualifying investment in a new commercial enterprise that employs American workers, the investor, their spouse, and unmarried children under 21 may obtain permanent residency.
Unlike categories that depend on a sponsoring company, EB-5 lets you self-petition. That independence appeals to founders, retirees, and families who want to set their own timeline. It sits alongside our other investment-based immigration options, each suited to a different profile and budget.
How the EB-5 Program Works
Every EB-5 case rests on three pillars: a qualifying investment amount, capital that stays genuinely at risk in a new commercial enterprise, and the creation of at least ten full-time U.S. jobs. How you meet them depends on the route you choose.
Direct Investment vs. Regional Center
You can invest directly in a business you manage, or place capital with a USCIS-designated regional center that pools funds into larger projects. The table below highlights the trade-offs.
| Feature | Direct Investment | Regional Center |
| Day-to-day role | Active management of your own enterprise | Passive role; project sponsor runs operations |
| Job counting | Direct W-2 jobs only | Direct plus indirect and induced jobs |
| Best suited for | Hands-on owners and operators | Investors seeking a passive position |
Required Investment Amounts
As of 2026, the minimum investment is $1,050,000 for a standard project, reduced to $800,000 when the money goes into a Targeted Employment Area (TEA), such as a rural region or an area of high unemployment, or into a qualifying infrastructure project. These thresholds were set by the EB-5 Reform and Integrity Act of 2022 and are scheduled for an inflation adjustment in January 2027, so timing your filing can matter. Beyond the capital itself, you should also budget for administrative fees, legal costs, and, in regional center cases, project-specific charges that vary from one offering to the next.
EB-5 Eligibility Requirements
To qualify for an EB-5 investor green card, you will generally need to demonstrate that you meet the following conditions:
- You have invested, or are actively in the process of investing, the required capital amount in a new commercial enterprise.
- The investment is genuinely "at risk," with no guaranteed return or redemption agreement.
- Your enterprise will create or preserve at least ten full-time positions for qualifying U.S. workers.
- You will maintain that investment and those jobs throughout the conditional residency period.
Source-of-funds documentation is where many petitions stumble. A seasoned attorney helps you build a clean, well-organized paper trail before USCIS ever raises a question, and flags any gaps in your documentation early, while they are still easy to fix. If you would like a quick read on your prospects, you can find out whether your profile is a fit using our short assessment.
The EB-5 Application Process Step by Step
Choose your project and structure. Decide between direct ownership or a regional center, and confirm the project qualifies for the investment tier you intend to use.
Document your source of funds. Assemble evidence that traces your capital from a lawful origin to the enterprise.
File Form I-526E or I-526. This immigrant petition demonstrates that your investment and job-creation plan meet program rules. Crucially, if you are already lawfully in the U.S. and a visa is available in your category, you may be eligible to file your adjustment of status concurrently with this petition.
Obtain conditional residency. If you filed concurrently inside the U.S., you may receive interim work and travel authorization. Otherwise, you must wait for petition approval before adjusting your status in the U.S. or processing your immigrant visa at a U.S. consulate abroad if you are overseas.
Remove conditions with Form I-829. Roughly two years later, you prove the jobs were created and the investment sustained, securing your permanent green card.
How Long Does the EB-5 Process Take?
Timelines vary by your country of birth, the project, and USCIS workloads. Applicants from high-demand countries may wait longer for a visa number, while rural TEA projects can benefit from priority processing and reserved visas. Because of policy shifts, it is worth reviewing the latest developments, including newer proposals such as the high-dollar residency option making headlines, before committing capital.
Comparing EB-5 With Other Investor and Talent Pathways
EB-5 is powerful, but not the only door to U.S. residency. Depending on your background, another category may reach the same goal with less capital. For those with strong achievements in their field, an extraordinary-ability alternative worth weighing can sidestep the investment requirement entirely. Many clients benefit from a side-by-side look at how these two pathways stack up before deciding.
If a green card is not the immediate priority, a temporary treaty investor route may let you launch a U.S. business sooner with a smaller commitment. Multinational leaders may qualify for a multinational executive transfer, and professionals whose work serves the country may pursue a national interest waiver. For a broader view, our overview of a wider survey of entrepreneur visa choices lays out the leading options for founders and investors.
Why Work With an Experienced EB-5 Attorney
EB-5 is among the most documentation-intensive immigration categories. A skilled EB-5 investor green card attorney does far more than fill out forms. Good counsel evaluates whether a project is structured to satisfy USCIS, builds an airtight source-of-funds narrative, and anticipates an adjudicator's questions, reducing delays and protecting a life-changing investment.
Our team works closely with investors and founders launching ventures in the United States, guiding each client from the first call through removal of conditions. You can verify program specifics with the federal agency that administers the program, and then rely on our firm to translate those rules into a tailored plan.
Speak With Our EB-5 Team
Choosing the right project, structuring your funds, and filing a persuasive petition are decisions best made with experienced guidance. Whether you are researching or ready to move, we can help you weigh options and avoid pitfalls. Arrange a confidential strategy session with our immigration team to map out the most efficient path to your U.S. green card.
Frequently Asked Questions
In 2026, the minimum is $800,000 for a Targeted Employment Area or qualifying infrastructure project, and $1,050,000 for a standard project. These figures are set to adjust for inflation in January 2027.
Yes. Your spouse and unmarried children under 21 can be included as derivatives and obtain residency based on your petition.
Only with a direct investment. Through a regional center you can hold a passive role while the sponsor manages operations and job creation.
No. The capital must remain genuinely at risk, with no guaranteed return or buy-back, which is why careful project due diligence matters.
At least ten full-time positions for qualifying U.S. workers, sustained through the conditional residency period.
After approval you receive a two-year conditional green card. Once you show the jobs and investment were maintained, you remove conditions for permanent status. Overall timing depends on your country of birth and project type.