Purpose of the program
Congress created EB-5 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In return, eligible investors may apply for lawful permanent residence (a green card).
EB-5 Guide
The EB-5 program, in plain language
A clear, general overview of the Immigrant Investor Program so you can have better conversations with qualified professionals.
General education only — not legal advice. Program rules change; always confirm current requirements on USCIS.gov and consult a qualified immigration attorney.
General eligibility
Any foreign national may apply if they make a qualifying investment of lawfully obtained capital in a new commercial enterprise that meets job-creation requirements. There is no specific education, language, or management-experience requirement.
Eligible family members
Your spouse and unmarried children under 21 may generally be included as derivative family members. Rules about children's ages can be complex, so seek advice from a qualified immigration attorney.
Investment & job creation
The investment must be 'at risk' and generally must create at least 10 full-time jobs for qualifying U.S. workers per investor. Minimum investment amounts are set by law and differ for targeted employment areas — please check USCIS for current figures.
Source-of-funds documentation
You must show that your investment came from lawful sources, such as employment income, business profits, property sales, gifts, or loans, and document how the funds moved to the enterprise. Good records are one of the most important parts of preparing an EB-5 case.
Regional center vs. direct investment
Regional center investments are sponsored by a USCIS-designated regional center and may count indirect and induced jobs. Direct investments usually require the investor's own enterprise to create jobs directly and may involve more hands-on involvement. Each route has different risks and requirements.
The broad application journey
- 1
Education & consultation
Learn the basics, ask questions, and identify qualified professionals.
- 2
Due diligence
Review offering documents with your own attorney and financial advisors.
- 3
Investment & source of funds
Make the qualifying investment and assemble lawful-source documentation.
- 4
Form I-526E or I-526
Your attorney files the immigrant petition with USCIS.
- 5
Visa or adjustment of status
If approved, apply through the Department of State abroad or adjust status in the U.S.
- 6
Conditional residence
Receive a two-year conditional green card, if approved.
- 7
Form I-829
Petition to remove conditions by showing program requirements were met.
Processing times vary and are not guaranteed. See USCIS processing times and the Visa Bulletin.
Official USCIS information
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