What is the EB-5 investor visa and how does it work?

The EB-5 immigrant investor program allows foreign nationals to obtain a US green card by making a qualifying investment in a new commercial enterprise that creates jobs for US workers. The standard minimum investment is $1,050,000. If the investment is in a Targeted Employment Area (rural or high-unemployment area), the minimum is $800,000.

The investment must create at least 10 full-time jobs for qualifying US workers. Investors can invest directly in a new enterprise or through a USCIS-designated regional center that pools capital for larger projects. The regional center model is more popular as it allows for indirect job counting.

The process involves filing Form I-526E with USCIS to establish the investment, followed by a consular interview or I-485 adjustment of status. EB-5 leads to a conditional green card valid for two years; the investor then files Form I-829 to remove conditions by demonstrating the investment was sustained and jobs were created. China and India have historically faced long EB-5 priority date backlogs.

This is general information only, not legal advice. Consult a qualified immigration lawyer or registered migration agent for your specific situation.