Q&A for EB-5 Visas
EB-5 Visa, also known as the Immigrant Investor Program, allows foreign investors to obtain a U.S. green card by investing in a U.S. commercial enterprise.
- Introduced in 1990 to boost U.S. economic growth
- Requires a qualifying capital investment
- Includes spouse and unmarried children under 21
- Initial green card is conditional for 2 years
The standard EB-5 investment is $1,050,000. If the investment is made in a Targeted Employment Area (TEA), the minimum is $800,000.
Investment Amounts
- Before March 15, 2022: $1,000,000 (TEA: $500,000)
- On or After March 15, 2022: $1,050,000 (TEA: $800,000)
| Filing Date | Standard | TEA |
|---|---|---|
| Before 3/15/2022 | $1,000,000 | $500,000 |
| On or After 3/15/2022 | $1,050,000 | $800,000 |
Source: USCIS Policy Manual
The investment must be made in a for-profit U.S. business formed to conduct lawful commercial activity.
- Located in the U.S. or its territories
- Can be a corporation, partnership, or sole proprietorship
- Must create at least 10 full-time jobs
Each EB-5 investment must create 10 full-time jobs for qualifying U.S. workers within two years.
The investor must be involved in management or policy-making, either directly or through a governing role.
What is the At-Risk Requirement?
The EB-5 investment must be subject to both gain and loss. Guaranteed returns are not permitted.
- Funds must be used for business operations
- No collateral guarantees allowed
- Lawful source of funds documentation required
Regional Centers are USCIS-approved entities that pool EB-5 investments to promote economic development.
Direct Investment
- Investor manages the business
- Only direct jobs count
- Greater control and responsibility
Regional Center Investment
- Passive investment model
- Direct + indirect jobs allowed
- Managed by approved regional center
EB-5 investors receive a 2-year conditional green card. To remove conditions, Form I-829 must be filed.
- I-526 / I-526E – Investor Petition
- I-485 – Adjustment of Status
- I-829 – Remove Conditions
- I-924 / I-924A – Regional Center filings
- G-28 – Attorney Representation
Somireddy Law Group PLLC provides end-to-end EB-5 guidance including source-of-funds strategy.
📧 info@somireddylaw.com