EB-5 Investor Green Card: Requirements, Process, and Investment Thresholds

EB-5 Immigrant Investor Program: Getting a U.S. Green Card Through Investment

The EB-5 Immigrant Investor Program, created by Congress in 1990, provides a path for foreign nationals to obtain lawful permanent residence (a Green Card) in the United States by making a qualifying capital investment in a U.S. business that creates jobs for American workers. Administered by U.S. Citizenship and Immigration Services (USCIS), the EB-5 program is one of the most direct ways for high-net-worth individuals and their immediate families to become U.S. permanent residents.

EB-5 Investment Requirements

To qualify for an EB-5 visa, the investor must meet specific minimum investment thresholds that were updated by the EB-5 Reform and Integrity Act of 2022:

• Standard investment amount: $1,050,000 — required for investments in most geographic areas
• Targeted Employment Area (TEA) investment amount: $800,000 — reduced threshold for investments in rural areas or areas with high unemployment (at least 150% of the national average unemployment rate)
• Infrastructure projects: $800,000 — investments in projects designated by a government entity as an infrastructure project

These investment amounts are adjusted for inflation every five years, with the next adjustment due in 2027.

Job Creation Requirements

The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers (U.S. citizens, lawful permanent residents, or other authorized workers — not the investor or their immediate family). The job creation rules differ depending on whether you invest directly or through a Regional Center:

• Direct investment: The 10 jobs must be direct employees of the enterprise the investor creates or invests in
• Regional Center investment: Jobs can be direct, indirect (created in the supply chain or community), or induced (created through spending of wages). This broader counting makes Regional Center investments more commonly chosen

Direct Investment vs. Regional Center Investment

Direct EB-5 Investment

The investor puts capital directly into a new commercial enterprise they create or acquire. They must be actively involved in management (as a policy-making officer or through a limited partnership or LLC managing role). This approach works well for entrepreneurs who want to start and operate their own U.S. business.

Regional Center EB-5

A USCIS-designated Regional Center pools investor funds for large commercial projects — typically real estate development, hotels, infrastructure, or manufacturing. The investor is a passive participant. Most EB-5 investors use this path because: (1) the broader job-counting methodology makes the 10-job requirement easier to satisfy; (2) there is less day-to-day management required; and (3) established Regional Centers have proven compliance track records.

The EB-5 Green Card Process: Step by Step

1. Make the qualifying investment into a new commercial enterprise (direct or through a Regional Center). The capital must be "at risk" — invested and at risk of loss.
2. File Form I-526E (Regional Center) or I-526 (direct) — the Immigrant Petition by Alien Investor. USCIS reviews this to confirm the investment meets all requirements. Processing times have ranged from 12 months to over 36 months historically, though recent reforms aim to improve timelines.
3. Apply for an immigrant visa or adjustment of status — Once the I-526/I-526E is approved and a visa number is available (per the Visa Bulletin), the investor and qualifying family members apply for a Green Card either through consular processing (overseas) or adjustment of status (if already in the U.S.).
4. Receive a conditional Green Card — Initially valid for 2 years. The investor and family members receive conditional permanent residence.
5. File Form I-829 to remove conditions — Within 90 days before the 2-year conditional Green Card expires, the investor files I-829 to prove the investment was sustained, the enterprise was created/maintained, and 10 jobs were created. Once approved, the investor and family receive permanent Green Cards.

Family Members Included

The EB-5 visa covers the investor, their spouse, and all unmarried children under 21 years of age. Each family member receives their own conditional Green Card at no additional investment cost beyond the primary investor's qualifying investment.

Source of Funds Documentation

USCIS closely scrutinizes the lawful source of the investment funds. The investor must document that the funds were obtained through lawful means — business income, salary, investments, gifts, inheritance, loans, or other legal sources. Extensive documentation (tax returns, bank statements, business records, wire transfer records) is required. Source-of-funds compliance is one of the most critical aspects of any EB-5 petition.

EB-5 Reform and Integrity Act of 2022

The EB-5 Reform and Integrity Act of 2022 significantly restructured the program by: updating investment thresholds; reserving visa set-asides for rural TEA, high-unemployment TEA, and infrastructure projects; creating new compliance and integrity measures for Regional Centers; and establishing an EB-5 Integrity Fund funded by Regional Center fees. These changes made the program more structured and provided additional protections for investors.

CORPIUS provides EB-5 immigration consulting services and connects investors with qualified immigration attorneys and registered Regional Centers. Contact us to learn how to begin your U.S. Green Card journey through investment.