EB-5

EB-5 Visa: How Investors Can Get a US Green Card Through the EB-5 Program

by

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

  1. Select an EB-5 Project – Either invest directly or through a USCIS approved regional center.
  2. File Form I-526E – The EB-5 investor petition with USCIS.
  3. Conditional Green Card – If approved, you and your family receive 2-year conditional permanent residency.
  4. File Form I-829 – To remove conditions after proving job creation.
  5. 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.

EB-5 Investor Visa Lawyers: How to Choose the Right Attorney for Your Green Card

by

The EB-5 Immigrant Investor Program is one of the fastest paths to a U.S. green card, but it’s also one of the most complex. With an investment of $900,000 or $1,800,000 (depending on project location), EB-5 investors and their families can secure permanent residency in the United States.

However, the process involves strict legal, financial, and immigration requirements. That’s why choosing the right EB-5 immigration lawyer is critical to your success.

Why EB-5 Investors Need an Immigration Lawyer

While the EB-5 program offers incredible opportunities, it also comes with challenges and risks:

  • Complex USCIS filing requirements (Form I-526E, I-829).
  • Source of funds documentation, including international banking, tax returns, and money transfers.
  • Selecting a safe and USCIS-compliant EB-5 regional center or project.
  • Risk of visa retrogression and delays depending on your country of birth.
  • Responding to RFEs, NOIDs, or audits from USCIS.

A skilled EB-5 attorney ensures compliance, reduces risks, and helps protect your investment while guiding you to approval.

How We Help Investors

We represent high net worth individuals, entrepreneurs, and families worldwide in navigating the EB-5 program. Here’s how we assist:

  • Case evaluation – We review your goals, country of chargeability, and investment timeline.
  • Source of funds strategy – Preparing detailed documentation.
  • Strong USCIS filings – Drafting and filing Form I-526E and later Form I-829 with clear evidence.
  • Family immigration – Ensuring your spouse and children are included in your EB-5 case.
  • Personalized support – Every investor’s situation is different. Avoid “cookie-cutter” filings.
  • Regional center and project guidance – While lawyers cannot recommend investments, they can help you assess compliance and immigration risks.
  • Transparent legal fees – EB-5 cases require extensive work; make sure you know the costs upfront.

What About President Trump’s New “Gold Card”

Recently, President Trump has floated the idea of a Gold Card, a proposal to create a special immigration benefit for wealthy individuals that would allow them permanent residency or even citizenship in exchange for investment. While the concept has garnered media attention and excited some would be investors, it remains entirely hypothetical. No such “Gold Card” program exists in US immigration law, no draft legislation has been passed, and no regulatory framework is in place. Until Congress enacts clear authority and USCIS issues implementing rules, the EB-5 program remains the only reliable investment based path to a US green card.

FAQs About EB-5 Investor Visa Lawyers

1. Do I need a lawyer to file an EB-5 petition?
While it’s not legally required, EB-5 petitions are extremely complex. A mistake can cost you your investment and your green card.

2. Can my family get green cards through my EB-5 investment?
Yes. Your spouse and unmarried children under 21 can be included in your petition.

3. How long does EB-5 take?
Processing times vary. On average, I-526E petitions take 12–24 months, though it depends on your country of chargeability.

Conclusion: Protect Your Investment with the Right EB-5 Lawyer

The EB-5 investor green card is one of the best ways to achieve permanent residency in the US, but only if your case is handled correctly. With millions of dollars on the line, you can’t afford mistakes. If you are considering the EB-5 program, call us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation.