Citizenship Bay

US EB5 Visa : A Comprehensive Guide

eb5 visa

Last Updated: January 2026

The EB5 visa makes the United States of America a prime destination for investors and high-net-worth individuals seeking access to global opportunities through a secure strategic gateway. The US has a diverse, highly developed, and private-sector-led economy, which is the largest in the world in nominal GDP terms and is characterized by high levels of productivity, technological innovation, and competitiveness. The country boasts many of the world’s largest and most successful corporations. As of 2024, the United States[1] has the most billionaires, with  813, where over a third of the world’s billionaires live in the US.

The United States offers the EB-5 Immigrant Investor Program, a streamlined route to obtaining permanent residency (Green Card) through investment. It is suitable for investors and families seeking to establish a future in the US, diversify their assets, achieve long-term mobility, access top-tier education, healthcare, and business opportunities in America.

In this article, we provide a comprehensive guide to the EB5 Visa, highlighting the investment routes, benefits, eligibility criteria, required documents, and the whole process.

 

 

EB5 Visa Program in a Nutshell

  • The program was launched in 1990 as a mechanism to boost the US economy through foreign investment and job creation.
  • Foreign investors looking to obtain the EB5 visa have two investment options available. They can either invest $800,000 in a rural area or an area with high unemployment through a government-approved regional center commercial enterprise, or $1.05 million in a non-targeted employment area project. Investors also have the option to create or preserve 10 permanent full-time jobs for qualified US workers.
  • After the successful applicants have received a green card, the funds must stay invested for 3 to 7 years, depending on the project.
  • The EB5 visa gives investors the ability to reside, work, and study in any of the 50 states of the United States.
  • The program enables investors to include their spouse and children who are under 21 years old and unmarried in the application. The program accepts applicants from all countries, given that they pass background checks and security screenings.
  • The application process has minimal requirements, with no business experience or language proficiency required.
  • The program allows investors to obtain citizenship after five years of legal residence.

 

 

What is the EB5 Visa ?

The US Congress[2] created the EB-5 Program in 1990 to stimulate the US economy through job creation and capital investment by foreign investors. In 1992, Congress established the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB5 visa for participants who invest in commercial enterprises associated with regional centers approved by the US Citizenship and Immigration Services (USCIS), based on proposals that promote economic growth.

The USCIS manages the EB5 visa Program. Under this program, investors, their spouses, and unmarried children under 21 are eligible to apply for lawful permanent residence and obtain the Green Card if they make the necessary investment in a commercial enterprise in the US and plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. This program is known as EB5 visa for the name of the employment-based fifth preference visa that participants receive.

All EB-5 investors[3] must invest in a new commercial enterprise that was established:

  • After November 29, 1990, or
  • On or before November 29, 1990, that was:
  • Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or
  • Expanded through the investment, resulting in at least a 40% increase in the net worth or number of employees.

A new commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including:

  • A sole proprietorship;
  • Partnership (whether limited or general);
  • Holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business);
  • Joint venture;
  • Corporation;
  • Business trust;
  • Limited liability company; or
  • Another entity, which may be publicly or privately owned.

This definition does not include noncommercial activity, such as owning and operating a personal residence.

After obtaining approval, investors receive two-year conditional green cards together with their direct family members. The permanent resident status will be granted after two years if the investment meets all requirements, and the condition will be removed.

The EB-5 program requires applicants to fulfill several essential requirements by demonstrating legal funding sources and showing they have more than $1 million in net worth. The program accepts applicants from all nations who successfully complete background investigations and security clearance procedures.

 

Insights for EB5 Visa Usage

Since the financial year 2000, 139,879 qualified investors[4] and their family members worldwide have obtained legal permanent residency in the US through the EB5 visa Program. Over 91% of all EB5 visas issued are associated with qualified capital investments in projects located in targeted employment areas (TEAs) via a Regional Center (RC), which creates jobs for American workers.

In FY2025, 7,066 visas are available for the Reserved EB-5 categories, including:

  • 4,416 visas for Rural Areas
  • 2,208 visas for High Unemployment Areas
  • 442 visas for Infrastructure Projects

Additionally, 11,720 visas are available in the Unreserved EB-5 category to help reduce backlogs.

FY2025 EB-5 Reserved Visa Issuance (CP Only):

Visa Applicant’s Country of Birth & Visa Type

COB Type Number of Visas
China – mainland born RC Rural 267
India RC Rural 55
Taiwan RC HUA 52
China – mainland born RC HUA 45
Vietnam RC Rural 42
Vietnam RC HUA 27
India RC HUA 25
Taiwan RC Rural 6
France RC Rural 5
Vietnam Direct HUS 5

Source: https://iiusa.org/eb5-visa-data-dashboard/

 

Key Benefits of EB5 Visa

The EB5 Visa serves as an ideal and strategic investment for applicants looking to leverage its multiple offerings, stated below:

  • Fast Route to Obtaining a Green Card

The program enables fast access to US green card status because it avoids the extended waiting periods that other immigration paths normally require. The expedited path to permanent residence through this program provides a revolutionary solution for families who require immediate relocation.

  • Family Inclusion

Family inclusion stands as a cornerstone benefit. The investor can include their spouse and unmarried children under 21 in the same application, so new opportunities do not require family separation. The family-oriented approach enables loved ones to embark on this American journey together.

  • Right to live, work, and study in the US

One of the most crucial advantages of the EB-5 programs is the freedom it provide. Green card holders have the right to live, work, and retire anywhere within the US.

  • No employer sponsorship required

The EB-5 visa program does not require any sponsorship from employers or family members. This independence is a breath of fresh air for entrepreneurs and self-starters, allowing them to chart their course without being tethered to a specific job or family connection.

  • World-class education

The United States holds the top position in global education as it hosts 36 universities that are ranked among the world’s top 100 institutions, surpassing any other nation’s total by three times. Seven Ivy League institutions operate as academic powerhouses that serve as centers of excellence and innovation. Students who enroll in top universities will obtain highly respected degrees, which create global job opportunities and provide access to advanced research, diverse academic programs, and experienced faculty.  Graduates who receive their degrees from US institutions achieve better prospects in the worldwide employment market. The prestige of American degrees, together with US university alumni networks, enables graduates to access career opportunities across the world. Students who study in the US benefit from cultural diversity, which enables them to connect with international peers and develop global professional networks.

  • Path to Citizenship

After five years of residency in the US, visa holders can apply for citizenship.

  • Quality of Life

The United States holds a high standard of living. The Real Gross Domestic Product (GDP) per capita[5] reached $78,347 during Q4 2022. The nation enjoys a high standard of living due to its exceptional healthcare system, world-class educational institutions, and infrastructure.

  • The World’s Largest Economy

The United States offers investors an unmatched opportunity to operate at a large scale while benefiting from innovative capabilities and economic power that no other nation possesses. The United States[6] operates as the world’s largest economy by nominal GDP, with a diverse, highly developed, productive, and technologically innovative and competitive economy. The economy benefits from a flexible labor market and strong demographics relative to other developed nations, and the dollar functions as the world’s reserve currency. Real GDP growth in the United States reached 2.3% during the decade from 2013 to 2023, while the G7 average stood at 1.8%.  The United States maintains the world’s biggest consumer market, which offers endless possibilities for business expansion. Innovation runs as a vital life force throughout America.

Expenditures by foreign direct investors[7] to acquire, establish, or expand US businesses totaled $148.8 billion in 2023, according to preliminary statistics released today by the U.S. Bureau of Economic Analysis. In 2023, employment at newly acquired, established, or expanded foreign-owned businesses in the United States was 110,000 employees.

Eligibility Criteria

Foreign investors need to fulfill particular requirements to obtain the US EB5 Visa, including the below:

  • The current minimum investment requirement for EB5 Visa qualification is $800,000 when the investment takes place in a Rural Targeted Employment Area (TEA).
  • The EB5 investment program requires the creation of at least 10 full-time jobs for American workers.
  • The immigrant investor must maintain at-risk status for their EB5 investment throughout their two-year sustainment period, according to USCIS requirements.
  • The EB5 investor needs to demonstrate that their investment funds came from legal sources while showing their net worth exceeds $1 million.
  • The EB5 investment program leads to permanent US residence for the EB5 investor together with their spouse and all unmarried children under 21 years old.

Investment Options for EB5 Visa

Congress created this program in 1990, which has developed into a fundamental tool for foreign investment in the United States. The EB-5 program requires investors to make substantial financial investments. Here are the investment options for EB5 visa:

Option 1: Investing in Targeted Employment Area

The first investment route requires investors to invest either $800,000 in targeted employment areas, which include rural regions and areas with high unemployment, or $1,050,000 in non-targeted areas. The program implements a tiered system that directs investments toward communities that require the most support while serving as a financial support system for neglected American regions. The program creates effects that go beyond the simple transfer of capital.

 

Option 2: Creating Full-Time Jobs

The second option entitles investors to create or maintain at least 10 full-time jobs for qualified American workers. The job creation requirement of the program ensures that foreign investment creates positive effects, which spread throughout local economies.

EB5 Visa Requirements and Timeline

Although the application process is complex, it follows a structured path. The program requires applicants to meet certain criteria to obtain a residency permit.

Step 1: Due Diligence

The first step for a potential EB-5 investor should be conducting due diligence on available EB-5 projects, and regional centers. The EB-5 process takes years to complete, but it is important that the investor is comfortable with their choice in all areas.

Step 2: Select an EB-5 Investment

The investor must choose a regional center and EB-5 project before their immigration attorney verifies the source of investment funds for USCIS approval. The authorized agent will examine the investor’s suitability and securities law compliance. The investor will then transfer their funds.

Step 3: I-526E Petition

After becoming an EB-5 partnership member, the investor can work with their immigration attorney to submit the first immigration petition to USCIS, which is the I-526E petition for conditional permanent residency. The petition should be accompanied by comprehensive documentation of the investment and its projected economic impact. The USCIS will review this petition to verify that the investor’s funding source is valid and (through the regional center’s I-956F petition) that the EB-5 investment will fulfill all EB-5 requirements.

Step 4: Consulate Interview

The EB-5 investor applies for conditional residency through a consulate interview after the I-526E petition is approved (or an adjustment of status if he or she is already in the US on another visa).

Step 5: Conditional Permanent Residency

The investor and qualified family members receive conditional USA green card by investment that are valid for two years after the approval of the visa and visa availability. The EB-5 investor must enter the U.S. within 180 days if they are not already in it. The entry into the U.S. marks the beginning of 24 months of conditional permanent residency.

Step 6: I-829 Petition

The immigration attorney of the EB-5 investor submits the I-829 petition during months 22-24 of the conditional permanent residency period to remove the USA green card by investment conditions and obtain permanent residency. The USCIS will review this petition to verify that all requirements were fulfilled and all necessary jobs were established.

 

 

Documents Required for EB5 Visa

The following are the basic EB-5 documents investors need to file, when applicable, particularly at the I-526 stage, unless stated otherwise.

Personal Documents

  • Identification cards
  • Valid and expired passports for the principal applicant and dependents
  • Residence history
  • Form I-551 or a foreign passport with a Form I-94 and I-551 stamp or an electronic Form I-94 record (if entered the U.S. by air or sea)

Civil Documents

  • Birth certificates (applicant and dependents), adoption certificates when applicable
  • Marriage certificates, marriage termination documents, etc.
  • Court and criminal records
  • Military records
  • U.S. Security Number (if applicable)
  • Criminal records from all countries where the investor has resided (special rules may apply)

Other Documents

  • Current resume and employment history indicating the employer’s full name, address, job title, and employment dates
  • Copy of original signature in compliance with USCIS signature instruction
  • Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
  • Cover letter and exhibit index prepared by the EB-5 immigration attorney
  • Valid documentation showing current status
  • Employment Authorization Document or other authorization for aliens to accept employment
  • Form I-94, Arrival/Departure Record
  • Form I-485, Application to Register Permanent Residence or Adjust Status
  • Any applicable removal, exclusion, or deportation proceedings

EB-5 New Commercial Enterprise Documents

Depending on the type of the New Commercial Enterprise (NCE), USCIS requires some organizational documents proving the establishment of an NCE. These include:

  • Articles of incorporation
  • Partnership agreement
  • Certificate of merger or consolidation
  • Certificate of limited partnership
  • Joint venture agreement
  • Business trust agreement
  • Certificate of Authority to conduct business in a U.S. state

EB-5 Project Documents

EB-5 Regional Center investors must provide information about the EB-5 project in their applications, in addition to any required supplementary documentation.

Basic Entity Information

  • USCIS approval notice for Form I-924
  • NCE identification number (NCEID)
  • Prior application approvals
  • Approval evidence of Form I-956F, Application for Approval of an Investment in a Commercial Enterprise

EB-5 TEA Evidence

In order to qualify for TEA (Targeted Employment Area) designation, the NCE provides evidence demonstrating that the project is located in a rural or high-unemployment area.

Rural TEAs

  • Documents demonstrating that the NCE’s business is based outside of a metropolitan statistical area (MSA) or any city or town with a population of more than 20,000, according to the latest U.S. Census

High Unemployment Areas

  • Unemployment data for the relevant MSA or county in which the NCE is based, showing that the area has an average unemployment rate that is 150% higher than the national average, or
  • A letter from the state government certifying that the NCE is located in a high-unemployment area.

NCE Investment Evidence

Some of the evidence that demonstrates the immigrant investor’s investment of the necessary capital into the NCE may include:

  • Bank statements showing amounts deposited in the NCE’s U.S. business accounts
  • Assets purchased for use in the NCE, including invoices, sales receipts, and purchase contracts
  • Property transferred from abroad for use in the NCE, including US Customs and Border Protection commercial entry documents, bills of lading, etc.
  • Transit insurance policies that contain information about ownership and the property’s fair market value
  • Money transferred or committed to be transferred to the NCE in exchange for shares of stock (may not include terms requiring the NCE to redeem it at the holder’s request)
  • Any loan or mortgage agreement, promissory note, security agreement, or other evidence of borrowing secured by the immigrant investor’s assets
  • Proof of the NCE’s business activity, such as invoices, purchases, and contracts

Proof of EB-5 Source of Funds

All EB-5 investors are required to prove that their funds come from a lawful source and validate the path of these funds from their origin to the moment they are invested in the EB-5 project. The EB-5 source of funds requirements for each investor may be different, depending on the type of their capital and their place of birth. Some evidence for the source of funds includes, but is not limited to:

  • Foreign business registration records
  • Corporate, partnership, or any other entity tax returns filed within the last 5 years
  • Personal tax returns, including income, franchise, property, etc., filed within the last 5 years
  • Evidence identifying any other source(s) of capital
  • Certified copies of any judgments or evidence of all pending governmental civil or criminal actions, governmental administrative proceedings, and any private civil actions involving monetary judgments against the petitioner in or outside the U.S. within the past 15 years
  • Wire transfer records and bank statements showing the path of EB-5 funds
  • Capital source statements
  • Net worth certificates
  • Employment and payment records
  • Property ownership certificate and related tax certificates
  • Bank statement showing deposit of sale proceeds
  • Purchase and sales contracts
  • Loan agreements
  • Proof of relationship to the deceased in the case of inherited funds
  • Gift letters and proof of lawful source in the case of gifted funds

EB-5 Job Creation Evidence

All EB-5 investors must generate a minimum of 10 full-time positions for U.S. workers and prove the job creation aspect of their investment with economic reports and several supporting documents. These include:

  • Detailed business plan outlining the need for a minimum of 10 eligible employees and specifying the hiring timeline
  • For existing employees: Copies of tax records, Forms I-9s, or other relevant documents
  • For regional center investments, Evidence shows how the business will create the required number of jobs
  • For investments in troubled businesses: Evidence that the NCE has been in business for at least 2 years; proof of net loss; and evidence that the number of existing employees will be maintained at no less than the pre-investment level for at least 2 years

Frequently Asked Questions

  • What is the United States’ residence by investment program?

The United States by investment program, also named the EB-5 Immigrant Investor program, offers investors and their families a residence permit, by providing significant and qualified investments that benefit the US economy and create jobs.

  • What investment routes are available for applying to the US EB5 Visa Program?

The program demands that investors make a new commercial enterprise linked with government-approved regional centers while creating or preserving 10 full-time employment opportunities for eligible US workers.

  • What is an EB-5 regional center?

EB-5 regional centers are USCIS-designated entities that channel investor funds into large projects—often real estate or infrastructure—to stimulate economic growth. Their role includes increasing economic activity, improving regional productivity, creating jobs, and attracting domestic capital investment by connecting investors with qualified project developers.

  • What is an EB-5 Targeted Employment Area (TEA)?

Targeted Employment Areas (TEAs) are specific U.S. locations (rural or high-unemployment) designated to encourage economic growth, qualifying EB-5 investments for a reduced capital requirement (currently $800,000), while non-TEAs are regular areas requiring the standard, higher investment amount (currently $1,050,000) for the same EB-5 visa path.

  • What benefits do investors obtain from investing to obtain US residence?

Through this residency program, people gain permanent residency status that allows them to reside, work, and study in the United States, along with visa-free international travel privileges and top-tier healthcare and educational opportunities.

  • How long does it take to process an application for the United States residence by investment program?

The processing time for residence by investment applications in the United States residence by investment program remains uncertain. Residence by investment applications face varying lengths of processing time.

  • Can family members be included in the US EB5 Visa application?

Applicants who submit an application can include their spouse and dependent children under 21 years old.

 

  • What documents are required for the United States EB5 Visa?

The required documents for the application are a valid passport, along with evidence of investment or contribution, a clean criminal record, and other supporting documents.

  • Is it possible to obtain US citizenship through the residence-by-investment program?

Yes. Applicants must first make a qualified investment, submit the required application documents, and undergo due diligence. They initially receive a conditional USA green card by investment, which can be converted to a permanent one after two years. After completing the required five-year residence period, investors become eligible to apply for US citizenship.

  • What are the steps for applying to the US EB5 Visa?

Applicants must first make a qualified investment and then submit the application documents before undergoing the due diligence evaluation. Before converting their conditional USA green card by investment into a regular one, applicants need to wait two years.

  • What is the process for applying to the US EB-5 Immigrant Investor Program?

Applicants must make a qualifying investment, submit the application with the necessary documents, and undergo a due diligence process. Initially, applicants receive a conditional green card, which can be converted to a regular USA green card by investment two years later.

 

  • Can a Green Card holder leave the United States multiple times and return?

If you are a lawful permanent resident (green card holder), you may leave the United States multiple times and reenter, if you do not intend to stay outside the United States for 1 year or more.

If you intend to stay outside the United States for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the United States. A re-entry permit allows a lawful permanent resident or conditional permanent resident to apply for admission to the United States upon returning from abroad during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or U.S. Consulate. Re-entry permits are generally valid for 2 years from the date of issuance.

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Sources

[1] https://worldpopulationreview.com/country-rankings/billionaires-by-country

[2] https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program

[3] https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/about-the-eb-5-visa-classification

[4] https://iiusa.org/eb5-visa-data-dashboard/

[5] https://usafacts.org/topics/standard-of-living/

[6] https://www.focus-economics.com/countries/united-states/

[7] https://www.bea.gov/news/2024/new-foreign-direct-investment-united-states-2023