The EB-5 Immigrant Investor Program offers foreign investors a pathway to U.S. permanent residency by making substantial investments that create jobs for American workers. Understanding the step-by-step process is crucial for a successful application.

1. Understand the EB-5 Program

Before initiating the process, familiarize yourself with the EB-5 program’s requirements:

• Investment Amount: Invest a minimum of $1,050,000 in a new commercial enterprise. This amount is reduced to $800,000 if the investment is made in a Targeted Employment Area (TEA), which includes rural or high-unemployment areas.

• Job Creation: Your investment must create at least 10 full-time jobs for U.S. workers.

• New Commercial Enterprise: The investment must be in a for-profit U.S. business established after November 29, 1990, or in a business restructured or expanded to result in a new enterprise.

2. Consult with an EB-5 Immigration Attorney

Engage an experienced EB-5 immigration attorney to:

• Assess Eligibility: Determine if the EB-5 program aligns with your immigration goals.

• Source of Funds Analysis: Ensure your investment capital is legally obtained and can be thoroughly documented.

• Navigate Legal Requirements: Guide you through the complex legal and procedural aspects of the EB-5 process.

3. Select an Investment Pathway

Choose between:

• Direct Investment: Invest directly in your own business or a new commercial enterprise, maintaining active managerial control.

• Regional Center Investment: Invest through a USCIS-designated Regional Center, which manages the enterprise and job creation requirements on your behalf.

4. Conduct Due Diligence

Thoroughly evaluate potential investments to ensure:

• Compliance: The project meets EB-5 requirements.

• Financial Viability: The investment has a sound business plan and a reasonable chance of success.

• Risk Assessment: Understand the financial and immigration risks involved.

5. Prepare and File Form I-526E

With your attorney’s assistance:

• Compile Documentation: Gather evidence of your investment, the lawful source of funds, and the business plan demonstrating job creation.

• Submit Form I-526E: File the Immigrant Petition by Regional Center Investor with USCIS to establish your eligibility.

6. Await USCIS Adjudication

USCIS will review your petition, a process that can take several months. Processing times may vary, with some petitions being processed within 6 to 14 months, depending on the specifics of the investment.

7. Obtain Conditional Permanent Residency

Upon I-526E approval:

• Consular Processing: If residing outside the U.S., apply for an immigrant visa at a U.S. consulate.

• Adjustment of Status: If already in the U.S. on a different visa, file Form I-485 to adjust your status to a conditional permanent resident.

8. Fulfill Residency Requirements

As a conditional permanent resident, you must:

• Maintain Investment: Keep your capital invested and at risk throughout the conditional residency period.

• Ensure Job Creation: Verify that the requisite jobs have been created or will be within a reasonable time.

9. File Form I-829 to Remove Conditions

Within the 90-day period before your conditional residency expires:

• Prepare Form I-829: Submit evidence that the investment was sustained and that the job creation requirement was met.

• USCIS Review: Await USCIS adjudication to remove the conditions on your residency.

10. Achieve Unconditional Permanent Residency

Upon I-829 approval, you and your eligible family members become unconditional permanent residents, free to live and work anywhere in the United States.

11. Pursue U.S. Citizenship 

After five years of permanent residency, you may be eligible to apply for U.S. citizenship, provided you meet all naturalization requirements.

The EB-5 visa process is a structured pathway to U.S. permanent residency through investment. By following these steps diligently and seeking professional guidance, you can navigate the journey toward obtaining a green card successfully.