The EB-5 visa program, created by Congress in 1990, offers a path to U.S. lawful permanent residency, commonly known as a "green card," for high-net-worth foreign nationals who make qualifying investments in the U.S. economy. This program aims to drive economic growth and job creation by encouraging foreign investment in U.S. businesses.
Each fiscal year, 10,000 visas are set aside under the EB-5 program for investors, their spouses, and unmarried children under 21, with 700 green cards allocated per country. Investors can contribute to designated economic entities, called "Regional Centers," to support direct and indirect job creation in both public and private projects.
The EB-5 program requires a minimum investment of $800,000 in high-unemployment areas or $1,050,000 in other regions. The investment must be "at-risk," meaning returns cannot be guaranteed, even though assets of the project may secure the investment. Initially, qualifying investors and their families receive a 2-year conditional permanent residency. Upon meeting all investment and job creation requirements, these conditions are removed, granting them full lawful permanent resident status.
Investing in an authorized EB5 Regional Center can facilitate obtaining an EB5 visa by pooling investments into qualified projects that create jobs and stimulate local economies. Regional Centers streamline the process by managing compliance with job creation requirements, allowing investors to focus on their investment while meeting EB5 program criteria for permanent residency in the United States.
The EB-5 visa provides eligible investors and their qualifying family members with U.S. lawful permanent resident status, granting the freedom to live, work, and travel throughout the U.S. without restrictions.
For EB-5 applicants already residing in the U.S. with lawful status, there is the added benefit of concurrently filing their EB-5 petition (Form I-526E) along with a status adjustment application (Form I-485). This allows applicants to remain in the U.S. while their immigration applications are processed.
The EB-5 Program is open to all, with no restrictions on age, language, education, or nationality. However, investors and their family members must meet certain conditions:
EB-5 investors must fulfill the program’s eligibility requirements, which include proving that the funds used for the investment come from lawful sources.
Additionally, EB-5 investors must be able to pass a consular interview, along with criminal background and medical screenings.
A Regional Center is an entity authorized by USCIS to sponsor EB-5 projects on behalf of EB-5 investors. Investments through Regional Centers are considered "passive," meaning that while investors hold certain voting and policymaking rights in the New Commercial Enterprise (NCE), they are not involved in the daily operations of either the Regional Center or the specific EB-5 project.
EB-5 investments are commonly structured as either debt or equity deals.
Debt Structure: This structure usually offers stronger collateral, such as liens on real estate or equity interests in the project entity, and often includes a clearer repayment timeline.
Equity Structure: While equity deals may provide greater upside potential, they generally come with limited collateral.
EB-5 investments have funded a wide range of projects aimed at creating jobs for U.S. workers, a key requirement for each investor’s EB-5 application. Common project categories include commercial and residential real estate, manufacturing, logistics, healthcare, energy, and infrastructure development. Our EB-5 portfolio includes diverse projects across multiple sectors throughout the U.S., such as:
There are no specific restrictions on the types of projects eligible for EB-5 funding. As long as a project meets USCIS job creation requirements and provides a detailed business plan, it may qualify for EB-5 investment.
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