The EB-5 Immigrant Investor Program is a compelling option for foreign nationals who want to secure permanent residency in the United States through investment. Introduced by Congress in 1990, the program was created to boost the U.S. economy by encouraging foreign capital investment and generating jobs in American communities. In return for investing in a qualifying U.S. business and creating full-time jobs for U.S. workers, eligible investors and their immediate family members, including spouses and unmarried children under the age of 21, can apply for a green card.
Who Qualifies For The EB-5 Visa?
The EB-5 visa is available to individuals who make a qualifying investment in a U.S. business that results in the creation of at least 10 full-time, permanent positions for qualifying U.S. workers within two years of the investor’s admission to the U.S. as a conditional permanent resident (or approval of their I-526E petition, if adjusting status). The capital must be invested in a new commercial enterprise, and the investor must either be involved in the management of the enterprise, either through day-to-day managerial control or policy formulation, unless investing through a Regional Center, which allows for a more passive role.
Unlike many other U.S. immigration programs, the EB-5 does not require a specific level of education, English language proficiency, or professional experience. However, the applicant must be able to show that the funds used for the investment were obtained legally and that the business will create jobs in a meaningful and sustainable way. This combination of flexibility and opportunity makes the EB-5 program an attractive option for investors and entrepreneurs worldwide.
Investment Requirements
As of 2025, the standard investment amount under the EB-5 program is $1,050,000. However, a reduced threshold of $800,000 applies to projects located in a Targeted Employment Area (TEA) or those classified as infrastructure projects.
These investment levels are adjusted every five years to reflect economic conditions and inflation. To qualify, the investor’s capital must be placed “at risk” for the purpose of generating a return. Simply holding personal assets or investing in property that does not contribute to job creation does not meet the standard. Investors must show a clear commitment to the enterprise either through direct involvement or through a Regional Center arrangement that facilitates compliance with the job creation requirement.
What Is A Targeted Employment Area (TEA)
A Targeted Employment Area (TEA) is defined as either a rural area or a location that experiences high unemployment. Rural areas are identified as regions not located within a metropolitan statistical area and not within a city or town that has a population of 20,000 or more. High Unemployment TEAs are those where the unemployment rate is at least 150 percent of the national average.
Under the new rules introduced by the EB-5 Reform and Integrity Act, the authority to designate TEAs has been centralized with USCIS to ensure uniformity and prevent manipulation. TEA designation is now handled exclusively by USCIS. Investors must ensure that the project has a valid TEA determination from USCIS at the time of filing the I-526E petition.
Infrastructure Projects Under the EB-5 Program
Infrastructure projects must be administered by a federal, state, or local government entity, and must meet the definition provided under the EB-5 Reform and Integrity Act. These projects are typically public-use and may include transportation systems, utilities, or other essential facilities.
Infrastructure investments are often seen as more stable because they involve public benefit and government oversight. This structure can provide greater transparency and reduce the level of risk compared to private sector ventures. For many EB-5 investors, infrastructure projects represent a reliable path that combines immigration benefits with a meaningful economic contribution.
Income And Sources Of Funds Requirements For EB-5 Investors
USCIS does not impose a minimum income requirement for investors, but the investor must demonstrate that the funds were lawfully obtained and that they have the financial capacity to make and sustain the investment. It is not enough to simply show that you have the money; you must also prove that it was earned or acquired legally. The investor must submit detailed financial records, such as bank statements, tax returns, employment contracts, or affidavits, to demonstrate the lawful origin of the capital and its transfer through verifiable financial channels. Common sources of funds include earnings from employment, profits from a business, proceeds from the sale of property, inheritance, gifts from relatives, or secured loans. Properly documenting this step is essential to gaining USCIS approval.
From Green Card To Citizenship: Naturalization After EB-5
Beyond lawful permanent residence, the EB-5 program also positions investors and their families on a path to eventual U.S. citizenship. Once an investor obtains a green card through the EB-5 program, they may apply for naturalization after five years of continuous permanent residence.
The key requirements for naturalization include:
- Must reside in the same USCIS district/state for at least 3 months before filing N-400, Application for Naturalization
- Being at least 18 years old at the time of filing the Form N-400;
- Maintaining continuous residence and physical presence in the United States for the required statutory period;
- Demonstrating good moral character throughout the qualifying period; and
- Passing the English language and U.S. civics tests, unless eligible for an exemption based on age and length of residency.
Conclusion
The EB-5 visa program remains a powerful route for obtaining U.S. permanent residency through investment. By choosing qualifying projects in Targeted Employment Areas (TEAs) or approved infrastructure developments, investors not only reduce their capital outlay but also enhance the strategic strength of their petitions. Given the complexity and regulatory scrutiny of EB-5 petitions, investors are strongly encouraged to work with an experienced immigration attorney. Putting together a strong, well-documented petition not only improves your chances of approval but also helps set the stage for a smooth path toward U.S. citizenship down the line. To explore your EB-5 investment options, please contact our office to schedule a personalized consultation.
