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 30, 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. The RIA also contains a grandfathering provision protecting petitions filed on or before September 30, 2026 if Congress allows the Regional Center program to lapse at the 2027 reauthorization—a deadline that is time-sensitive for any investor considering Regional Center participation.
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 petition processing time, by track
USCIS average adjudication time for the I-526/I-526E petition (months)
Regional Center is the fast track. Post-RIA Regional Center (I-526E) petitions average roughly half the time of a standalone I-526, and a fraction of the legacy pre-RIA backlog that still runs past five years. The 2022 Reform & Integrity Act (RIA) reset the queue, which is why the pre-RIA bar sits in a different regime.
Petition speed is not the whole timeline. These are adjudication times only. A China- or India-born investor still faces a visa-bulletin wait for an available number even after the petition is approved, so total time to a green card can be materially longer than the bar shown.
Source: USCIS published processing-time data (post-RIA cohorts). The legacy bucket is an open-ended floor (“>60”), not a precise average. Educational, not legal advice — check current USCIS processing times.
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
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Schedule a ConsultationThe 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 $3,675 plus a $1,000 EB-5 Integrity Fund fee, following the November 2025 federal-court order in Moody v. Mayorkas that vacated the higher fees DHS adopted in April 2024. A DHS proposed rule would raise these fees once finalized; we monitor the rulemaking and advise on timing implications.
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.
Fortune 500 counsel, working directly on your case
Loren Locke
Managing Attorney
Partner-level immigration counsel to Fortune 500 employers at a national firm — and before that, a U.S. diplomat who decided some 12,000 visa applications at the consulate window.
“By far the best immigration lawyer I have ever worked with. Loren was honest and realistic, went above and beyond what I would expect a lawyer's role to be, and has a willingness to do what it takes to help her clients.”
Sudarshan S. — Google Review ★★★★★
Frequently Asked Questions
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Immigration counsel to Fortune 500 employers at a national firm · Adjudicated 12,000+ visas at the U.S. Consulate, Mexico · Working in U.S. immigration since 2008
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