EB-5 Immigrant Investor Visa
A green card through qualifying investment in a U.S. business that creates American jobs.
About This Visa
The EB-5 Immigrant Investor Program offers a path to a U.S. green card for foreign nationals who invest in a qualifying U.S. business and create at least ten full-time American jobs. Spouses and unmarried children under 21 are included as derivative beneficiaries.
The EB-5 Reform & Integrity Act of 2022 (RIA) reshaped the program: it raised investment minimums to $800,000 in a Targeted Employment Area (TEA) or $1,050,000 elsewhere, reauthorized the Regional Center program through September 2027, created reserved-visa set-asides for rural, high-unemployment, and infrastructure projects, and added significant integrity measures including USCIS audits, an integrity fund, and disclosure rules for promoters.
At Locke Immigration Law, EB-5 cases are handled directly by an experienced attorney. We focus on what an immigration lawyer must do well: rigorous source-of-funds documentation, immigration-risk analysis of project documents, and a clean filing record. We do not provide investment advice—that is a separate, regulated activity—and we coordinate with licensed financial advisors when investors need help evaluating projects.
The Reform & Integrity Act of 2022 created reserved-visa set-asides—20% for rural projects, 10% for high-unemployment areas, and 2% for infrastructure—offering a faster pathway for investors in qualifying projects.
EB-5 Eligibility Requirements
EB-5 is open to investors of any nationality. There is no education, language, or business-experience requirement, but the capital, source of funds, and job-creation requirements are strictly enforced.
Minimum investment of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA project
Investment must be "at risk" in a New Commercial Enterprise (NCE) for the required sustainment period
Lawful source of funds, fully traceable from origin through every transfer to the NCE
Creation of at least 10 full-time U.S. jobs (direct W-2 jobs for standalone investments; direct, indirect, and induced jobs counted for Regional Center investments, subject to RIA limits)
No requirement to be an accredited investor, hold a U.S. degree, or speak English
The EB-5 Process
Project Selection & Strategy
Choose between Regional Center investment (most common, allows indirect job counting and pooled capital) or direct/standalone investment (10 W-2 jobs, no use of a Regional Center NCE for the green card basis). We analyze the project's I-956F filing for immigration risk and recommend a TEA or set-aside category where it fits.
Source-of-Funds Documentation
We assemble a fully traceable source-and-path-of-funds package—earnings, business proceeds, gifts, loans, sale of property, or inheritance—documented from origin through every transfer to the New Commercial Enterprise. This is typically the most document-intensive part of an EB-5 filing.
File Form I-526 or I-526E
Standalone investors file Form I-526; Regional Center investors file Form I-526E. The petition demonstrates the qualifying investment, lawful source of funds, and the project's job-creation plan. The current filing fee is $11,160.
Conditional Permanent Residence
After approval (and when a visa is available), the investor and family obtain conditional permanent residence—via consular processing abroad, or, if eligible, by concurrent or subsequent filing of Form I-485 to adjust status inside the United States.
File Form I-829 to Remove Conditions
Within the 90-day window before the second anniversary of conditional residence, the investor files Form I-829 with evidence that the investment was sustained and the required jobs were created. Approval converts conditional residence into unconditional permanent residence.
Frequently Asked Questions
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