The EB-5 green card is a United States immigrant visa that offers permanent residency to foreign nationals who make a qualifying investment in a U.S. business. Created to stimulate the American economy through job creation and capital investment, the EB-5 program allows investors and their immediate family members to live, work, and study anywhere in the U.S.
To qualify, applicants must invest a minimum of $800,000 in a targeted employment area (TEA) or $1,050,000 in a non-TEA business. The investment must create or preserve at least 10 full-time jobs for U.S. workers within two years.
Benefits of the EB-5 Program
The EB-5 program offers several advantages over other types of visas for those seeking U.S. residency through investment:
- Permanent residency for the investor, their spouse, and unmarried children under 21
- No need for a U.S. sponsor or employer
- Access to U.S. education, including public schools and universities
- Eligibility for U.S. citizenship after five years of permanent residency
- Passive investment opportunities through regional centers
These benefits make the EB-5 green card an attractive option for investors looking for long-term security and greater freedom in the United States. With both personal and professional advantages, it is one of the most flexible immigration options available.
Investment Options Under EB-5
There are two main investment paths available under the EB-5 program:
- Direct investment: Involves starting or purchasing a business and being actively involved in its operations. The business must create 10 full-time jobs for U.S. workers.
- Regional center investment: Allows investors to place funds into government-approved commercial projects. This option does not require day-to-day business management and is preferred by most applicants for its flexibility and simplicity.
Both options require a qualifying investment and a demonstrated commitment to job creation, but the right choice depends on each applicant’s goals, experience, and desired level of involvement. Speaking with an immigration professional can help determine which path aligns best with a prospective investor’s long-term plans.
Understanding Targeted Employment Areas (TEAs)
A targeted employment area (TEA) is a region designated by the U.S. government to encourage investment in areas that need economic development. It can be either a rural area located outside large metropolitan regions and towns with populations under 20,000, or an area with a high unemployment rate, typically at least 150% of the national average. By investing in a TEA, applicants can qualify for the reduced minimum investment amount of $800,000. However, regardless of the location, the investment must still lead to the creation of at least 10 full-time jobs for U.S. workers within two years.
EB-5 Process and Timeline
While processing times vary based on the applicant’s country of origin and USCIS workload, the EB-5 process typically takes 2 to 5 years. The general steps include:
- Filing the I-526 petition with an investment and job creation plan
- USCIS review and petition approval
- Applying for a green card via consular processing or adjustment of status
- Receiving a two-year conditional green card
- Filing the I-829 petition to remove conditions and receive a 10-year renewable green card
How Long Is the EB-5 Green Card Valid?
The initial EB-5 green card is conditional and valid for two years. Before the end of this period, the investor must file a petition to remove the conditions by proving the investment was sustained and the required jobs were created. If successful, they receive a 10-year renewable green card, which also provides a pathway to U.S. citizenship after five years of permanent residency.
Why Apply for an EB-5 Green Card Now?
There are several reasons to consider applying for an EB-5 green card sooner rather than later. One of the most pressing is the potential for rising costs. While the current investment minimums stand at $800,000 for TEA projects and $1,050,000 for non-TEA investments, these amounts are subject to increase based on inflation or shifts in government policy. A higher investment threshold could make the program less accessible to many potential applicants.
In addition to cost, policy uncertainty is another key factor. Although the EB-5 Regional Center Program has been extended through September 30, 2027, future legislative changes could reshape or even replace the current program. For example, proposals like the potential “Trump Gold Card” could introduce new criteria or limitations, which might impact eligibility or investment flexibility for future applicants.
Lastly, beginning the process early allows for more time to navigate the legal and procedural steps involved. From preparing the investment to compiling necessary documentation and submitting petitions, the EB-5 process is complex and time-sensitive. Starting now ensures applicants can proceed through each stage with adequate time and preparation, reducing the risk of delays or missed deadlines.
How the EB-5 Compares to Other U.S. Visas
The EB-5 is the only U.S. visa that offers a direct path to permanent residency based solely on investment. Unlike other employment-based visas, it does not require a job offer, employer sponsorship, or specific educational qualifications.
Why You Should Work with an Immigration Attorney Early
The EB-5 application process is highly detailed and governed by strict immigration laws. Minor mistakes in documentation or eligibility can lead to significant delays or even a denial of the petition. Working with an immigration attorney early in the process can help ensure that your investment complies with all EB-5 eligibility standards, that every filing is accurate and submitted on time, and that you remain informed and prepared as immigration policies and program deadlines evolve. Taking a proactive approach with professional legal support can make a substantial difference in the outcome of your application.
How Pilkington Immigration Can Help
If you’re considering applying for an EB-5 green card, Pilkington Immigration can guide you every step of the way. From choosing the right investment path to assembling your petition and navigating complex legal requirements, our experienced team is here to help. Contact us today for personalized support tailored to your immigration goals.