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EB-5 Visa Frequently Asked Questions

What is the EB-5 visa for?

The EB-5 visa is for foreign investors and their immediate families who want to become lawful permanent residents (green card holders) in the U.S. by making a qualifying investment in a U.S. enterprise.

What are the main requirements for the EB-5 visa?

The primary requirements for the EB-5 visa include:

Making a qualifying investment of at least $1.8 million in a new commercial enterprise (or $800,000 in a targeted employment area).

Creating or preserving at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission as a conditional permanent resident.

What is a "targeted employment area" (TEA)?

A TEA is a rural area or an area with high unemployment designated by the state government or USCIS. Investments made in TEAs qualify for the lower investment threshold of $800,000.

Can I include my family members in the EB-5 application?

Yes, you can include your spouse and unmarried children under 21 in your EB-5 application. They can obtain green cards as derivative beneficiaries.

How long does the EB-5 visa application process take?

Processing times can vary significantly based on factors such as the complexity of the investment project, background checks, and the government’s workload. It generally takes several years to complete the entire process.

Can I apply for permanent residency (a green card) directly with the EB-5 visa?

Yes, the EB-5 visa is an employment-based immigrant visa category that leads to lawful permanent residency (a green card) for the investor, their spouse, and their unmarried children under 21.

What is the "conditional" green card for EB-5 investors?

Initially, EB-5 investors receive a conditional green card valid for two years. 90 days prior to the expiration of the two-year period, they must file a petition to remove the conditions and demonstrate that they have met the job creation and investment requirements.

Can I invest in any type of business to qualify for an EB-5 visa?

While the choice of business can vary, it can must be a commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers.

Can I invest in a troubled business to qualify for an EB-5 visa?

Yes, investing in a troubled business can qualify for the EB-5 program under certain conditions, but additional requirements apply.

What happens if my EB-5 investment project fails?

If your EB-5 investment project fails and the required jobs are not created or preserved, you may not be able to remove the conditions on your green card, and your permanent residency could be at risk.
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