EB-5 Visa Explained: Key Insights For Global Entrepreneurs

Starting a new business in the United States involves overcoming legal, financial, and immigration obstacles.

Even if you have the funds and vision, meeting regulatory requirements and obtaining a long-term immigration status that allows you to concentrate on your business can be challenging.

We’ll walk you through the EB-5 visa application process, explaining the requirements, cost, and processing time.

What Is An EB-5 Visa?

The EB-5 visa is a U.S. immigrant investor visa program that enables foreign entrepreneurs to obtain a Green Card for themselves and their families by making a qualifying investment in a U.S. business.

The goal of the program is to boost economic growth by attracting foreign investments and creating jobs for U.S. workers.

EB-5 Visa Requirements

To qualify for an EB-5 visa, you must meet specific criteria set by the U.S. Citizenship and Immigration Services (USCIS).

• Investment amount: You must invest a minimum of:
  – $1,050,000 in a new or existing business OR
  – $800,000 in a Targeted Employment Area (TEA), which includes rural locations or regions with high unemployment
• Job creation: Your business must create or keep at least 10 full-time jobs for U.S. workers within two years.
• Active involvement: You must play an active role in the business through:
  – Direct management of day-to-day operations OR
  – Policy making decisions that impact the business
• Investment source: Your funds must be legally obtained, and you must provide proof of their origin.

How To Apply For An EB-5 Visa

As a business owner and investor, following the EB-5 visa process ensures compliance with USCIS requirements and maximizes your chances of getting permanent residency in the U.S.

Choose An Investment Option

You can choose to invest directly or through a regional center.

• Direct investments provide direct control over the investment and job creation process. They are ideal for entrepreneurs looking to expand or start their own business.
• are a good option for individuals who are seeking a mor
• Regional center investments allow a more passive approach, with the regional centers handling job creation calculations. These investments are excellent for high-net-worth individuals seeking diversification, people who are not familiar with the U.S. regulations or market conditions, or investors prioritizing lower risk. Regional center investments can be used for larger projects, such as:
  – Real estate developments: hotels, office buildings, mixed-use properties
  – Infrastructure projects: bridges, highways, transportation hubs
  – Healthcare facilities: hospitals, senior living centers, medical research centers
  – Energy projects: such solar farms, wind energy developments, renewable energy projects
  – Manufacturing plants: automotive, technology, and industrial production facilities

Ensure You Meet The Requirements

Verify that your investment meets the minimum capital requirement and job creation mandate.

If you are unsure you meet the criteria, contact our team of immigration attorneys at Spar & Bernstein.

File Form I-526

Submit Form I-526, Immigrant Petition by Standalone Investor along with supporting documents. These may include:

• Proof of lawful source of funds — tax returns, bank statements, business earnings, inheritance documents, or sale of assets
• Investment evidence — wire transfers, escrow agreements, and partnership agreements
• Business plan providing details about job creation, financial projections, and operational strategy
• Corporate formation documents — operating agreements or business licenses
• Job creation analysis — hiring plans or payroll forecasts
• Regional center affiliation documents, if applicable

Apply For A Conditional Green Card

Once your EB-5 visa petition is approved, apply for a conditional Green Card.

• If you are in the U.S., file Form I-485, Application to Register Permanent Residence or Adjust Status
• If you are outside the U.S., apply for an immigrant visa through consular processing

The conditional Green Card gives you the right to live and work in the U.S. for two years while fulfilling the EB-5 program’s requirements.

File Form I-829

Within 90 days before your conditional Green Card expires, submit Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status along with proof with proof that you have met EB-5 requirements.

If USCIS approves your application, you and your family members will receive permanent Green Cards.

EB-5 Visa Processing Time

The processing time for Form I-526 can vary depending on factors like application accuracy, USCIS workload, and your country of birth.

• For investors from China — where there is high demand for EB-5 visas — the time is approximately 90 months.
• For all other areas, processing time for investors who wish to immigrate to the United States, is 60 months.

After your Form I-526 is approved, you must still go through:

• Consular processing, if you are applying from outside the U.S. or
• Adjustment of status, if you are already in the U.S.

Both options add additional time before obtaining your EB-5 visa and conditional Green Card.

EB-5 Visa Cost

• The filing fee for Form I-526 is $11,160.
• The cost for filing Form I-485 is $1.440.
• The cost for filing Form I-829 is $9,525.

Need Help With Your EB-5 Visa? Contact Spar & Bernstein

Applying for an EB-5 visa can be a complex process that can put you under a lot of stress.

At Spar & Bernstein, our knowledgeable and passionate immigration attorneys assist investors and business owners every step of the way, from selecting the right investment to filing petitions and ensuring compliance.

Contact us today to discuss your EB-5 visa options and get the legal advice you need.

To stay updated with employment visa opportunities, check out our blogs about L-1 visas and employment immigration law trends.

FAQs About EB-5 Visa

For more information about EB-5 visa and your path to U.S. residency, check out the answers to commonly asked questions.

Can I apply for an EB-5 visa if my business is already operational?

Yes, you can apply for an EB-5 visa if your existing business meets EB-5 job creation requirements and the investment will lead to the creation of the required jobs.

What happens if my I-526 petition is denied?

If your I-526 petition is denied, you may:

• Appeal the decision
• File a motion to reopen or reconsider
• Look into other immigration possibilities

Talk to our experienced lawyers at Spar & Bernstein to determine your next steps.

Can I bring my family to the U.S. if I hold an EB-5 visa?

Yes, if you have an EB-5 visa, your spouse and unmarried children under 21 can apply for conditional permanent residency and can later receive full Green Cards.

Can I live anywhere in the U.S. as an EB-5 investor?

Yes, with an EB-5 visa, you and your family can live anywhere in the U.S., regardless of where the investment is located.

What is a Targeted Employment Area?

A TEA is a rural area or location with high unemployment — at least 150% of the national average. It offers investors a reduced investment threshold of $800,000.