EB-5 Investor Green Card
The EB-5 Visa provides a direct path to permanent U.S. residency for foreign nationals who invest in the United States. Created by the Immigration Act of 1990, it offers you and your family the freedom to live, work, and build a future anywhere in America.
Book a ConsultationUnderstanding the EB-5 Program
Key concepts you need to know before applying
What is an EB-5 Visa?
The EB-5 Visa was created by the Immigration Act of 1990. It provides a method of obtaining a Green Card for foreign nationals who invest money in the United States.
Requires a minimum $500,000 USD investment in a Targeted Employment Area and creation of at least 10 jobs.
What is a Regional Center?
A "Regional Center" is a United States government approved entity dedicated to the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment of a region.
The EB-5 Regional Center Program began in 1992.
What is a Targeted Employment Area?
USCIS defines a Targeted Employment Area (TEA) as a rural area, or an area within an MSA or city with a population of 20,000 or more which has experienced unemployment of at least 150% of the national average rate.
Investing in a TEA qualifies for the reduced $500,000 threshold.
Who are EB-5 Investors?
EB-5 investors can come from any country outside the United States and can even include people who are in the United States legally under a temporary visa.
In 2013, over 70% of EB-5 investors came from China, the Middle East, and South America.
What are EB-5 Requirements?
In order to qualify for an EB-5 Visa, an investor must invest at least $1,000,000 — or $500,000 for a project in a TEA — in an enterprise that will create at least 10 new full-time jobs for U.S. citizens and legal residents.
If the project involves an existing business, the 10 new jobs must be in addition to existing positions.
Capital Investment Rules
The EB-5 investment must be made "at-risk," and any guarantee of return of capital is strictly prohibited. If a guarantee is provided, it negates the "at-risk" requirement and the petition will be denied.
Important: Investment capital cannot be borrowed.
Why Choose an EB-5 Visa?
The EB-5 Visa is the most flexible investor immigration program in the world. It sets no requirements for age, business training, experience, or language skills.
EB-5 Visa Benefits
- Direct route to permanent residency for investor, spouse, and unmarried children under 21
- Freedom for investor and family to live, work, and retire anywhere in the United States
- Investor, spouse, and children may attend college or university at U.S. resident costs
- Investor and immediate family may travel to and from the United States without another visa
- Route to U.S. citizenship after meeting USCIS requirements
- Ability to sponsor Green Cards for family members
- All benefits of U.S. permanent residency status, including the ability to develop and run your own business
🎓 Reduced University Tuition
One major benefit is attending any U.S. university and paying resident tuition rates instead of international student fees.
Average savings: over $85,000 per person at in-state universities. A family with four children could save over $300,000 in total tuition fees.
✈️ Freedom of Travel & Residence
Those with EB-5 visas can travel to and from their home country during conditional lawful permanent residency and maintain business relations in their country of origin.
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 they do not intend to abandon their U.S. residence.
⏱️ Time Counts Toward Citizenship
Time spent as conditional permanent residents counts toward the five-year lawful permanent residency requirement for U.S. citizenship. The program allows investors flexibility — they don't need to manage investments daily.
EB-5 Program Details
How the Direct and Regional Center programs work
EB-5 "Direct" Visa
The EB-5 "Direct" Visa was created by the Immigration Act of 1990. This program provides a method of obtaining a Green Card for foreign nationals who invest money in the United States.
Under the original EB-5 "Direct" Visa, the investor was required to create an entirely new commercial enterprise.
Under the EB-5 Regional Center Program, investments can be made in job-generating commercial enterprises (new or existing) through third-party-managed investment vehicles.
Investment Thresholds
- $1,000,000 — standard investment requirement
- $500,000 — reduced amount for Targeted Employment Area (TEA) projects
- Must create or preserve at least 10 full-time jobs for U.S. workers
Conditional Residency
Upon approval, the investor and his/her spouse and unmarried children under the age of 21 will be granted conditional permanent residence valid for two years.
Within 90 days before this period expires, the investor must submit evidence documenting full investment and job creation.
What is a Regional Center?
A Regional Center is any economic entity designated by USCIS to be involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment.
Created by Section 610 of Public Law 102-395 on October 6, 1992.
Requirements for Regional Center designation:
- Show how the Center will focus on a geographical region and promote economic growth
- Demonstrate (using economic models) how jobs will be created directly or indirectly
- Document amount and source of capital committed
- Explain positive impact on regional or national economy
Regional Center Program Requirements
- Investment must be made in a new business (created after 1990) or substantially reorganized/restructured after 1990
- Individual must invest either $500,000 or $1,000,000 depending on location ($500,000 only for targeted employment areas)
- Business results must benefit the U.S. economy and create direct, indirect, or induced employment for at least 10 U.S. workers
- New business owner must actively participate in management (may be accomplished as limited partner or member)
The EB-5 Process
There are standard steps that investors must complete to become U.S. permanent residents through the EB-5 visa program.
From selecting the right investment project to receiving your permanent green card, Attorney Stelmakh guides you through every stage — ensuring your application is prepared correctly and filed on time.
Locating an EB-5 Project
The preliminary step is finding a suitable business project. EB-5 projects take the form of either individual commercial enterprises or Regional Center projects. Overseas migration agents often help locate suitable projects. Applicants must meet accredited investor income requirements.
Capital Investment and I-526 Petition
The applicant makes the required capital investment and verifies the source of funds. This typically involves an accountant ensuring the $500,000 or $1,000,000 amount is invested or being invested. Funds often go into investor holdings accounts. An immigration attorney then files an I-526 petition with USCIS. USCIS typically responds within 12 to 16 months.
Two-Year Conditional Permanent Residency
The applicant becomes a two-year conditional resident to put the investment to work. EB-5 investors become eligible once their I-526 petition is approved. Residency can be attained two ways: (1) if the investor already has lawful U.S. status, file Form I-485 to adjust status; (2) if the investor lacks U.S. status, file for an immigrant visa via Form DS-260 to the National Visa Center and process through the U.S. consulate in their home country. An immigrant visa is typically issued in 6 to 12 months.
Unconditional Permanent Residency — I-829 Petition
The final step is becoming an unconditional permanent resident by removing the two-year conditional status. The I-829 petition is submitted to USCIS 90 days prior to the anniversary of the date the applicant first received conditional residency. This application proves the investor has met all EB-5 requirements. USCIS most often issues a green card 6 to 8 months after the I-829 is submitted. The investor, spouse, and unmarried children under 21 can then permanently live and work in the United States and apply for U.S. citizenship after 5 years from initial conditional residency.
EB-5 Investor Green Card Summary
The EB-5 visa provides a permanent path to the U.S. The economic and political security it provides, and the ability to apply immediately, makes it an ideal path for those with the financial means and desire for U.S. permanent residency or citizenship.
$500,000 minimum investment required for TEA projects
Investment capital can come from any lawful source: gift, loan, property sale, pension, inheritance
Spouse and unmarried children under 21 receive their own EB-5 visas
Investment must create 10 new direct or indirect jobs in the United States
Investment can be passive — no day-to-day management required
Exit strategies available once employment figures are verified
Your children can attend all American schools, colleges, and universities under this program
The visa-holder has the lifelong right to live and work in the United States without restriction
After 5 years, investor and family may apply for U.S. citizenship
Attorney Katya Stelmakh
EB-5 Investor Immigration Specialist
Attorney Katya Stelmakh always remains personally involved with her clients in all stages of the EB-5 Visa Investor green card process, including the filing and preparation of all documents.
To ensure our EB-5 Visa clients attain their green cards in the safest manner possible, attorney Stelmakh leads a team of exceptionally qualified and experienced corporate attorneys, business planners, economists, certified public accountants, and securities attorneys.
Steps to Obtaining Your Green Card
Program Information & Accreditation
EB-5 Visa Investor receives information on the EB-5 program and an Accreditation Questionnaire.
Confidential Offering Memorandum
Our team provides the investor with a Confidential Offering Memorandum describing the proposed investment project in detail.
Subscription & Escrow Deposit
Upon project acceptance, investor signs the Subscription Agreement and requested documents, provides financial background information, and deposits US$500,000 in a secure escrow account and pays the administrative fee.
I-526 Petition Filed
Attorney Stelmakh prepares and files an I-526 Petition with United States Citizenship and Immigration Services (USCIS).
Escrow Released or Refunded
If I-526 is approved, US$500,000 in escrow is unconditionally released and invested into the Regional Centers development project. If denied, the full US$500,000 is promptly refunded.
Consular Interview or Adjustment of Status
Following I-526 approval, the EB-5 Visa Investor receives a U.S. Consular Interview in their home country, or — if residing in the U.S. — receives an adjustment of status. Investor and family then enter the United States to receive a conditional green card.
Conditional Green Card Received
Upon receipt of the conditional green card, the EB-5 Visa Investor and family are free to live anywhere in the United States with unrestricted travel and work rights.
I-829 Petition Filed
After two years, Attorney Stelmakh files an I-829 Petition on behalf of the EB-5 Visa Investor to make the green card permanent rather than "conditional."
Permanent Green Card
Upon I-829 Petition approval, the conditional status of the green card is removed and the investor's green card becomes permanent.
U.S. Citizenship Application
After 5 years from conditional green card issuance, and maintaining full investment in the Seattle Area Regional Center, investor and family may apply for U.S. citizenship.
EB-5 Requirements — FAQ
Common questions about eligibility and requirements
Do I have to speak English?
No. However, learning English helps in immigration interviews.
Do I have to be in good health?
Yes. You must have no communicable diseases and must have proper vaccinations.
Do I have to have previous business experience or education?
The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement is that he/she has the required net worth and capital.
What does it mean that the investor's assets be "lawfully gained"?
Under USCIS regulations, the investor must demonstrate that his assets were gained in a lawful manner. This requires the investor to prove his investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.
Can money gifted by a parent or other relative be used for an EB-5 Investment?
Yes, provided that any applicable gift taxes are paid. It must be demonstrated that the gift is an actual arms-length transaction and is not a ruse where the gifted funds will be returned after permanent resident status is granted.
Can I apply for an EB-5 if I have been rejected or terminated in the past by USCIS for an L-1, E-2, B, or other visa?
Rejection in the past does not disqualify the applicant, unless the reasons related to immigration fraud or other major problems. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to the Regional Center and legal counsel in advance of application.
Can I apply if I am currently without a valid visa?
Out-of-status nationals are no longer permitted to apply for permanent residency from within the United States. They must first return to their country of origin and apply through the United States Embassy there. This applies to students, tourists, and E-2 treaty investors who remained in the U.S. after their visas expired or were revoked. Use extreme caution.
Are there any countries excluded from eligibility for the EB-5 Visa program?
No, there are no countries that are directly barred from participating in the EB-5 Program. However, there are countries that require additional licenses in order to invest. Consult with an attorney for further information.
Is dual citizenship allowed under this program?
Maybe. The U.S. allows dual citizenship, but your original country of origin may not allow it. You will need to investigate this based on your specific country's laws.
Ready to Start Your EB-5 Journey?
Attorney Katya Stelmakh personally guides every client through the EB-5 process. Contact us today to evaluate your case and take the first step toward U.S. permanent residency.
+1 206-605-0550 Book a Consultation