EB5 Green Card Applications in Wilmington, DE
EB5 Green Card Applications in Wilmington, DE
The EB-5 program offers foreign nationals a pathway to U.S. permanent residence through a qualifying investment. Successful applicants may obtain green cards for themselves, their spouse, and unmarried children under the age of 21.
To qualify, individuals typically invest $800,000 USD into a project affiliated with a government authorized Regional Center. These projects are often structured around business or real estate development. Following the investment and petition filing, applicants and their families can receive conditional green cards within approximately 2–3 years (or more).
After holding conditional status for two years, applicants must demonstrate that their investment met job creation or economic impact requirements. If approved, the conditions are removed and permanent residency is granted.
What Is the EB-5 Visa?
The EB-5 visa is an investment-driven immigration option that allows individuals to secure U.S. permanent residence without employer sponsorship.
Within the broader landscape of business immigration, it provides a direct route to residency through capital investment rather than employment qualifications. It also serves as an alternative to a traditional employment based green card, as eligibility is not tied to a U.S. employer.
EB-5 Green Card Process
Step 1: Investment
Applicants begin by wiring the required investment funds along with Regional Center administrative fees into the designated account.
Step 2: File I-526 Petition
Form I-526 must be submitted to U.S. Citizenship and Immigration Services (USCIS). This filing confirms:
- A minimum investment of $800,000 USD has been made
- The funds originate from lawful sources
- The investment meets EB-5 program requirements
Step 3: Petition Approval and Green Card Application
After approval of the I-526 petition, the applicant proceeds with filing the green card application.
Step 4: Conditional Green Card
Once approved, the applicant and eligible family members receive conditional green cards, allowing them to live and work in the United States without a separate visa.
Step 5: Removal of Conditions
Approximately two years later, Form I-829 must be filed. This petition must demonstrate that:
- 10 full-time jobs were created for U.S. workers, or
- The investment generated economic benefits in the project area
If the requirements are met, permanent green cards are issued. If not, the green cards may be withdrawn.
The $800,000 investment is returned after the I-829 petition has been approved.
EB-5 Visa Processing Time
The EB-5 visa processing time varies depending on factors such as USCIS processing timelines and the applicant’s country of origin.
A typical process includes:
- I-526 petition filing and review
- Green card application processing
- A two-year conditional residence period
- Filing and adjudication of the I-829 petition
In most cases, the full EB-5 green card process takes approximately 2–5 years.
Benefits of the EB-5 Program
The EB-5 program provides several key advantages:
- Permanent residency for the investor and immediate family
- No requirement for a U.S. employer or sponsor
- Access to U.S. education and universities
- Eligibility for U.S. citizenship after five years
- Passive investment opportunities through Regional Centers
Investment Options
There are two main ways to qualify:
Direct Investment
Applicants may establish or purchase a business that creates at least 10 full-time jobs. Active involvement in management is required.
Regional Center Investment
Applicants may invest in a project managed by a government-approved Regional Center without needing to be actively involved.
Minimum investment thresholds:
- $800,000 USD (Targeted Employment Area)
- $1,050,000 USD (non-TEA)
Many applicants choose the Regional Center route due to its passive structure.
Understanding Targeted Employment Areas (TEAs)
A Targeted Employment Area is defined as:
- A rural area outside major metropolitan regions
- An area where unemployment is at least 150% of the national average
Even in these areas, the investment must result in the creation of 10 full-time jobs within two years.
Timeline Overview
The EB-5 green card process includes several stages:
- Filing the I-526 petition
- USCIS review and approval
- Applying for a green card
- Receiving conditional permanent residence
- Filing Form I-829 to remove conditions
While timelines vary, the overall process typically takes 2–5 years.
EB-5 Compared to Other U.S. Immigration Options
The EB-5 program is unique in offering a direct pathway to a green card based solely on investment, without requiring employer sponsorship or a job offer.
EB-5 Policy and Legislative Updates (2025–2026)
The EB-5 program is currently active and extended through September 30, 2027.
However, future developments may impact applicants:
- Investment thresholds may increase due to inflation
- Proposals such as the Trump “Gold Card” could modify or replace the EB-5 program
- Processing policies may continue to evolve
Due to these uncertainties, many investors choose to begin the process under current rules.
Why Work with an Immigration Lawyer Early
The EB-5 process involves detailed documentation, financial verification, and strict adherence to U.S. immigration law.
Even small errors can result in delays or refusals. Working with immigration lawyers can help ensure:
- Your investment meets EB-5 requirements
- You remain aligned with evolving policies
- Your application is prepared and filed accurately
At Pilkington Immigration in Wilmington, our immigration lawyers provide guidance throughout each stage of the EB-5 process, helping you move forward with confidence.
Client Reviews
The firm was extremely helpful in all aspects. Definitely appreciated having experts guiding me and handling the application with all of the important details to get a successful result. Thanks again!
Contact Us Today for Help With Your Case
With offices worldwide for businesses and individuals seeking solutions to their immigration needs to Canada, United States, Germany, Mauritius, and Nigeria, the team at Pilkington Immigration in Wilmington, DE has the expertise and ability to find global solutions to local needs.
Call us today at 1-844-728-1012 or Request an Appointment.