EB-5 Visa Requirements: Everything You Need to Know Before Applying

To qualify for the EB-5 visa, investors must make a minimum capital investment in a new commercial enterprise that creates U.S. jobs.

Investment Thresholds:

• $1,050,000 – Standard investment in any qualifying business.
• $800,000 – Reduced investment if the business is in a Targeted Employment Area (TEA) (rural area or region with high unemployment).
• Tip: Many investors choose Regional Center projects located in TEAs to take advantage of the lower investment threshold.

Investors must prove that their EB-5 investment funds come from a lawful source. This includes:

• Income from salary, business profits, or real estate sales.
• Gifts or inheritance (with proper documentation).
• Loans secured by personal assets (not the EB-5 business itself).
• Tip: Investors should work with an experienced EB-5 attorney to prepare financial records, tax filings, and wire transfer documentation to avoid delays or denials.

EB-5 investments must create at least 10 full-time jobs for U.S. workers within two years of the investor receiving a conditional green card.

• Direct EB-5 investments require the investor to directly hire and manage employees.
• Regional Center investments allow indirect and induced job creation, making it easier to meet this requirement through economic modeling.
• Tip: Many investors prefer Regional Center projects because they simplify the job creation requirement.

The EB-5 visa requires investment in a new commercial enterprise (NCE), which can be:

• A new business formed after 1990.
• A troubled business (existing business losing 20% of its value in the past two years).
• A Regional Center project (a pre-approved USCIS investment project).
• Tip: Investing through a Regional Center can provide more structure, less day-to-day management, and easier compliance with job creation rules.

The EB-5 visa process includes multiple steps before obtaining a permanent green card:

1. File I-526E or I-526 petition – Proving investment eligibility.
2. Conditional Green Card (2 Years) – Granted upon petition approval.
3. File I-829 petition (at the end of 2 years) – To remove conditions and receive a permanent green card.
4. Path to Citizenship (5+ Years) – After maintaining residency, investors can apply for U.S. citizenship.

• Tip: Investors should plan their timeline carefully and work with an attorney to track deadlines for removing conditions.

• Processing Times – EB-5 applications can take 12-36 months for approval. Investors from certain countries may experience longer wait times due to visa backlogs.
• Residency Requirements – Investors must maintain U.S. residency and cannot spend extended periods outside the country.
• Family Eligibility – Spouses and unmarried children under 21 years old receive green cards along with the investor.