EB-5 Immigrant Investor, Step by Step
The investor green card: amounts, job creation, regional centers, set-asides, and the two-step path to a permanent green card.
What EB-5 is
EB-5 gives a green card to investors who put capital into a US business and create jobs. The standard investment is $1,050,000, or $800,000 in a targeted employment area (rural or high-unemployment).
The investment must be at risk and the business must create at least 10 full-time jobs for US workers.
Regional center vs direct investment
Most investors use a regional center: an approved entity that pools investments into larger projects and counts indirect jobs toward the 10-job requirement. Direct investment means your own business, where only direct employees count.
Regional center cases follow a different petition form (I-526E) and depend heavily on the project's quality — due diligence on the project matters as much as the immigration paperwork.
Set-aside visas
The 2022 reform law reserves part of the EB-5 quota: 20% for rural projects, 10% for high-unemployment areas, and 2% for infrastructure. Set-aside categories have their own Visa Bulletin lines and are currently less backlogged than the unreserved line for China and India.
- Check the EB-5 lines in the Visa Bulletin archive.
- Rural set-aside cases also get faster processing priority under the law.
The two steps: I-526, then I-829
First, the investor petition (I-526 or I-526E) proves the investment, its lawful source, and the job-creation plan. After approval and when a visa is available, you get a conditional green card valid for two years.
Before the two years end, you file Form I-829 to remove conditions, proving the investment was sustained and the jobs were created. Only then does the green card become permanent.
Risks to weigh
EB-5 is an investment with immigration benefits, not a purchase of a visa. Projects can fail, and a failed project can mean both lost capital and a lost case. Source-of-funds documentation is extensive and strictly reviewed.
Because the sums and the stakes are large, independent legal and financial review of any project is standard practice before committing funds.
Where to go next
General information only — not legal advice. Always verify at uscis.gov and travel.state.gov before acting.