The EB-5 Immigrant Investor Program is one of the fastest and most reliable ways to obtain a US green card for yourself and your family. By investing in the American economy and creating jobs, foreign investors can secure permanent residency and a path to US citizenship.
If you are considering the EB-5 program, here’s everything you need to know about EB-5 eligibility, investment requirements, processing, and how an EB-5 immigration lawyer can help you succeed.
What Is the EB-5 Visa Program?
The EB-5 visa was created by Congress in 1990 to stimulate the US economy through job creation and capital investment. It allows foreign nationals to invest in a qualifying US business or regional center project and, in return, receive lawful permanent resident status (a green card) for themselves, their spouse, and unmarried children under 21.
EB-5 Visa Requirements
To qualify for the EB-5 visa, you must meet specific requirements:
- Investment Amount: $900,000 if the project is in a Targeted Employment Area (TEA), or $1,800,000 for non-TEA projects.
- Job Creation: The investment must create at least 10 full time jobs for US workers.
- Lawful Source of Funds: You must prove that your investment capital comes from legal sources such as salary, business profits, property sales, or inheritance.
- At Risk Investment: Your funds must be “at risk” for the purpose of generating return and creating jobs.
EB-5 Visa Benefits
Choosing the EB-5 program has many advantages:
- Green card for your whole family (spouse + children under 21).
- No employer sponsorship required.
- Live, work, or retire anywhere in the US.
- Path to US citizenship after 5 years of permanent residency.
- Education opportunities – Children can attend US schools and universities at resident tuition rates.
EB-5 Process Step by Step
- Select an EB-5 Project – Either invest directly or through a USCIS approved regional center.
- File Form I-526E – The EB-5 investor petition with USCIS.
- Conditional Green Card – If approved, you and your family receive 2-year conditional permanent residency.
- File Form I-829 – To remove conditions after proving job creation.
- Permanent Green Card – Once conditions are removed, you hold permanent resident status.
Common Challenges in EB-5 Cases
While the EB-5 program is attractive, many investors face challenges, including:
- Proving lawful source of funds across international transfers.
- USCIS Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs).
- Delays due to visa retrogression (especially for China and India).
- Complicated project structures with unclear job creation data.
This is why working with an experienced EB-5 immigration lawyer is critical to success.
How an EB-5 Immigration Lawyer Can Help
Our EB-5 attorneys guide investors through every stage:
- Evaluating eligibility and investment options.
- Preparing a strong source of funds report.
- Filing Form I-526E and Form I-829 with complete documentation.
- Responding to USCIS RFEs, NOIDs, or audits.
- Protecting your family’s green card throughout the process.
Take Action Now to Secure Your Immigration Future
If you wish to pursue an EB-5 green card, contact us today at 305-515-0613 or email info@messersmithlaw.com for a confidential consultation. We will help you understand your options and take the right steps to secure your future in the United States.