EB-5 Immigrant Investor Program
A Path to U.S. Permanent Residence Through Investment and Job Creation
Congress created the EB-5 Immigrant Investor Program in 1990 to promote economic growth in the United States through capital investment and job creation by qualified foreign investors. The program is administered by U.S. Citizenship and Immigration Services, commonly known as USCIS. In 1992, Congress established the Regional Center Program, which allows investors to participate in new commercial enterprises associated with regional centers designated by USCIS to promote economic growth.
Under current USCIS requirements, the minimum qualifying investment is $800,000 when the investment is made in a project located in a qualifying Targeted Employment Area, or TEA, or in a qualifying infrastructure project. A TEA is generally a qualifying rural area or an area experiencing high unemployment. The standard minimum investment for projects that do not qualify for the reduced investment threshold is $1,050,000.
Each EB-5 investor must invest in a qualifying new commercial enterprise that creates at least 10 full-time jobs for qualifying U.S. workers. For investments made through the Regional Center Program, job creation may include qualifying direct and indirect jobs supported by accepted economic analysis.
The EB-5 program may provide a path to lawful permanent residence for the investor, the investor’s spouse, and unmarried children under 21. Following approval of the investor’s petition and completion of immigrant visa processing or adjustment of status, qualifying family members may receive conditional lawful permanent resident status for an initial two-year period. Before the conditional period expires, the investor must file Form I-829 with USCIS to request removal of the conditions and demonstrate compliance with the applicable investment and job-creation requirements.
EB-5 eligibility and immigration outcomes depend on each investor’s individual circumstances and compliance with applicable USCIS requirements. This information is provided for general informational purposes and is not immigration, legal, tax, or investment advice.
Please visit USCIS’s website for additional information on the EB-5 Program.