What is the EB-5 Program?

$800K

TEA Investment

Targeted Employment Area

$1.05M

Standard Investment

Non-TEA locations

10

Jobs Required

Full-time US workers

🌟

Green Card

Permanent residence

Key EB-5 Benefits

For You

  • Permanent green card (not temporary)
  • No employer sponsorship required
  • Live anywhere in the US
  • Work for any company or yourself
  • Path to citizenship after 5 years

For Your Family

  • Spouse included in application
  • Children under 21 included
  • Same permanent residence rights
  • Children can study at in-state tuition
  • No separate applications needed

Investment Amounts: $800K TEA vs $1.05M Standard

The EB-5 Reform and Integrity Act of 2022 established current investment thresholds based on project location.

$800,000 TEA Investment

  • Rural areas (population under 20,000)
  • High unemployment (150%+ national avg)
  • Infrastructure projects
  • Reserved visa allocation
  • Most regional center projects qualify

$1,050,000 Standard

  • Any commercial enterprise in US
  • Urban areas with normal employment
  • Greater project flexibility
  • Direct investment in own business
  • Same 10-job requirement
Investment must be "at risk" - no guaranteed returns or principal protection

Direct EB-5 vs Regional Center

Factor Direct EB-5 Regional Center
Investment Type Own/operate the business Passive investment
Job Creation 10 direct W-2 employees Direct + indirect jobs
Management Active involvement required Purely passive
Best For Entrepreneurs Passive investors
Capital Return Business profits After I-829 (5-7 years)
Most investors choose regional center for predictable job creation via economic modeling

Reserved Visa Categories (Faster Processing)

The 2022 reforms created set-aside categories with priority processing and separate visa allocations.

Category Set-Aside Investment
Rural Areas 20% of EB-5 visas $800,000
High Unemployment 10% of EB-5 visas $800,000
Infrastructure 2% of EB-5 visas $800,000
Non-Reserved Remaining 68% $1,050,000
Rural projects offer fastest processing - especially beneficial for China/India investors with backlogs

EB-5 Timeline: Filing to Green Card

1

Source of Funds Documentation

Gather evidence proving capital was lawfully obtained

1-3 months
2

Investment + I-526E Filing

Transfer funds and file petition with business plan

Filing complete
3

I-526/I-526E Adjudication

USCIS reviews petition; TEA projects get priority

12-24+ months
4

Consular Processing or AOS

Interview at consulate or adjust status if in US

6-12 months
5

Conditional Green Card

2-year conditional residence; investment remains deployed

2 years
6

I-829 Remove Conditions

Prove jobs created; receive permanent green card

12-24+ months
Concurrent filing: If in US on valid status with visa available, file I-526 + I-485 together for work authorization

Proving Lawful Source of Funds

Source of funds is where most EB-5 cases face challenges

Acceptable Sources

  • Business profits, dividends, sale proceeds
  • Employment salary and bonuses
  • Real estate sale proceeds
  • Stock/investment liquidation
  • Gifts (with donor's SOW docs)
  • Inheritance
  • Secured loans (against personal assets)

Documentation Tips

  • Start gathering docs months early
  • Get notarized translations
  • Show complete paper trail
  • Avoid gaps in financial history
  • Tax returns match declarations
  • Bank statements (12-24 months)

Frequently Asked Questions

Can I get my investment back?

Yes, but not until after your I-829 is approved - typically 5-7 years from investment. Capital must remain at risk during this period. Regional center investments have defined exit timelines; direct investments depend on business success.

What if the project fails?

If the project fails to create required jobs, your I-829 may be denied and you could lose conditional residence. Due diligence on regional center track records is critical. Some investors obtain investment loss insurance.

Can I use borrowed money?

Yes, if the loan is secured by your personal assets (not EB-5 project assets). You must prove collateral was lawfully obtained. Margin loans against stock portfolios and home equity loans are common.

Do I need to live near my investment?

No. With your green card, you can live anywhere in the US. Regional center investments require no operational role. Direct investments need sufficient involvement but not physical presence at business location.

What are ongoing requirements?

Keep investment deployed and ensure job creation targets are met. Cannot abandon US residence for extended periods. File I-829 within 90-day window before conditional card expires.