Welcome, EB-5 investors! This 4-step easy checklist is explicitly designed for you, focusing on EB-5 investments—the preferred choice for 95% of EB-5 applicants.
Follow these steps from selecting the right regional center project to obtaining your Green Card.
It’s essential you need to seek professional legal advice from an EB-5 immigration lawyer for your immigration application. These professionals are the only ones authorized to submit an EB-5 application to the U.S. Citizenship and Immigration Services (USCIS).
In addition, it is important to choose the right project. Compare the projects offered by the various regional centers.
1. Choosing an EB-5 Project
- Research EB-5 Regional Centers (recommended for 95% of applicants). It is smart to use a trusted advisor who understands real estate and finance.
- Consult with an EB-5 attorney regarding your application. You can interview one or two and see who you have a personality fit with.
- Conduct due diligence on the Regional Center and project: Some things to ask and look at:
- Project viability (What is the probability of success)
- Job creation potential (Is there enough jobs being created – look at the jobs report)
- Developer track record (Does the developer have experience)
- Location (is the location somewhere desirable)
- Does the Regional Center team have experience
2. File an I-526 Petition
- Your attorney will prepare and submit Form I-526 (Immigrant Petition by Alien Entrepreneur) before the USCIS to begin the EB-5 application process.
- Include a comprehensive business plan and economic impact analysis
- Provide evidence of lawful source of investment funds
- Demonstrate that investment capital is “at risk”
- Pay required filing fees
3. Apply for a Conditional Green Card
- After I-526 approval, you will file DS-260 (if you live abroad) or I-485 (if you live in the U.S.)
- Undergo medical examination and provide police clearances
- Attend biometrics appointment
- Participate in USCIS interview (if required)
- Receive 2-year conditional permanent resident status upon approval
4. Adjust the Status for EB-5 Applicants/Investors
- File Form I-829 within 90 days before conditional Green Card expiration
- Provide evidence that investment has been sustained
- Demonstrate required jobs have been created or will be created within reasonable time
- Submit updated personal and project documentation
- If approved, receive permanent Green Card (valid for 10 years, renewable)
In the chart below, you can quickly see the steps to obtain permanent residency in the U.S. through the EB-5 visa program.
Have any questions about the EB-5 visa requirements? Here are the key highlights of this program.
EB-5 Visa Requirements:
| Step | Details |
|---|---|
| Investment amount | – $1,050,000 for a standard investment – $800,000 for an investment in a Targeted Employment Area (TEA) |
| Job Creation Requirement | Investment must create or preserve at least 10 full-time jobs for U.S. workers |
| Types of Investments | – Direct Investment: Investor manages the business and job creation. – Regional Center Investment: Regional center manages job creation. |
| Process Steps | 1. Choose an investment (Direct or Regional Center) 2. File Form I-526E (Immigrant Petition) 3. Obtain conditional Green Card 4. Meet job creation requirement 5. File Form I-829 (to remove conditions) |
| Conditional Green Card Duration | 2 years |
| Permanent Residency | Once Form I-829 is approved, the investor and family receive permanent Green Cards |
| Benefits of the EB-5 Program | – Permanent residency for you, spouse and children – Path to U.S. citizenship after 5 years – No geographic restrictions within the U.S. |
| Key Considerations | – Financial risk, like any investment – Processing times can vary (2-3 years or more) – Verify TEA designation for reduced investment |
Frequently Asked Questions: EB-5 Investors Visa Program Guide
What are the fees associated with the EB-5 program?
- Regional Center Admin Fee: $50,000 – $70,000
- USCIS Filing Fees:
- I-526E Petition: $11,160 (as of 2024)
- I-829 Petition: $3,835
- Attorney’s Fee: $15,000 – $25,000
When do investors get their money back?
- Repayment depends on the project’s terms and success
- Varies case by case
What are acceptable sources of funds for EB-5 investments?
- Personal savings
- Income from employment
- Business income
- Sale of property/assets
- Gifts from friends and family
- Secured loans
Who can be included in an EB-5 application?
- The main applicant
- Spouse
- Unmarried children under 21
How long does it take to get a Permanent Green Card through EB-5?
- Average timeline: 3 to 5 years
For more information about the EB-5 program, you can check out our blog where you’ll find more details.
How EB-5 investors can apply with a partial investment and pay the rest later
Allowed by EB-5 regulation, partial investment can be advantageous for foreign investors who do not have all their funds available at the time when they wish to apply
Why are EB-5 set-aside categories beneficial for some investors?
The EB-5 set-aside categories aim to support the primary objective of the EB-5 visa program: to simulate the U.S. economy and create jobs.
Why Miami is a strategic choice for Latin American EB-5 investors
Miami can be a strategic gateway for Latin American EB-5 investors in the U.S. and developers particularly interested in the EB-5 market.
Questions to ask an EB-5 Regional Center before investing
By asking the right questions, EB-5 investors can ensure that their potential regional center is financially sound and legally compliant
Find out if you are eligible for the EB-5 program. Take our free evaluation!
Additionally, you can join our free webinars featuring top professionals.
