EB-5 green card for investors
EB-5 visa provides an opportunity for foreign citizens to obtain green cards through investments in the US economy. The investment must guarantee creation of minimum 10 full-time jobs. The spouse of EB-5 investors and their unmarried children under 21 years old can also receive green cards and eventually US passports.
There are two options to obtain an investor EB-5 visa:
- Direct investment into a new or existing business in the United States.
- Investment through Regional Centers.
The investment amount depends on the location of the investment project.
Main requirements for EB-5 investors:
- A minimum investment of $ 800,000
- The project must create 10 full-time jobs
- Investment money comes from legal sources.
How to qualify for visa EB 5:
- Start a new business and invest in it
- Invest through one of the approved regional centres, who develop and manage investment projects
Things you have to know about the regional centers:
- The purpose of the RC is to boost the region’s economy, create new jobs, increase investment in enterprises located in the assigned geographical area
- Investors should always take into account that although there is a list of USCIS-approved regional centers, the government does not guarantee approval of green cards through their projects
- There is no guarantee that the Regional Center project will be profitable, or there will be return of investment
- There are investment risks involved
- Investors are advised to carefully assess all risks before making an investment of $800,000 and over. In case of the project bankruptcy, the investor may lose their investment and their green card
- You have to be careful when selecting a regional center
EB-5 visa and greencard process: 5 important steps
1. Choosing a project for investment
The regional center and the project need to be carefully checked. First discuss this with your lawyer and choose a good financial consultant who can help you check the project for investment.
You need to understand is it possible to create the required number of jobs, what is the probability that the project will be profitable, carefully analyze the business plan, calculate possible risks. If the project is related to the construction of real estate, be sure to check the reputation of the developer. The success of the project depends on its location, this should also be analyze.
2. Submitting Form I-526 (Petition for Immigration of Alien Entrepreneur) to USCIS
This form should be prepared and submitted by your lawyer. You must attach evidence that you legal received the investment funds (income from employment, business income, sale of property/assets, gifts from friends and family, loans) and a detailed business plan for the project in which you are investing. You must also pay USCIS registration fees.
3. Apply for a conditional Green Card
Once your I-526 is approved, your attorney can file a conditional green card application for you: Form DS-260 (if you live abroad) or Form I-485 (if you live in the United States).
You will also need to undergo a full medical examination, provide police reports and submit biometric data.
You may then be called for an interview with USCIS, but if your case is very well prepared, you can get a conditional green card for 2 years without an interview.
4. Get a Permanent Green Card
Within 90 days before the conditional green card expires, your attorney must file Form I-829 (Petition by Investor to Remove Conditions on Green Card) for you.
The petition must include evidence that the investment has not been withdrawn from the project, that it is developing in accordance with the business plan and required minimum of 10 jobs have been created and are being maintained. The creation of additional jobs will be a big plus.
If your petition is approved, you will receive a permanent green card for 10 years with the possibility of extension.
5. Obtaining US citizenship (naturalization)
After you have lived in the US for 5 years (starting from the date the conditional green card starts), you can apply for US citizenship.
Can an EB-5 investor bring them family to the US?
Of course they can. EB-5 applicants can include a spouse and unmarried children under 21 in the application. They will also receive conditional green cards, then permanent ones and then US citizenship.
Additional costs for an EB-5 investor in addition to the investment amount:
- USCIS fees (as of 2024):
I-526E petition – $11,160
I-485 petition – $1,440 (or DS-260 petition – $235)
I-829 petition – $9,525
2. Regional Center administrative fee: $50,000-$70,000
3. Attorney’s fees (always discussed individually, usually payments broken down into parts by stages)
Will the investor be guaranteed to get his money back?
The EB-5 visa program does not provide any guarantees of getting the investment back or even making a profit. To be eligible for a green card the investment must be made on the terms of entrepreneurial risk. But this does not mean that you should invest money thoughtlessly in very risky projects. That’s why the first step – a thorough check of the investment project and calculation of all possible risks.
If you want to get an EB-5 investor visa, first schedule the consultation with immigration lawyer Irina Lust to evaluate your chances of getting this visa, get answers to all your questions and develop the best strategy for you. To schedule the consultation you can use the form below: