EB-5 Immigrant Investor Visa
United States USA
The EB-5 Immigrant Investor Visa is a US investment route that grants lawful permanent residency directly: the green card, conditional for its first two years, is issued without a separate PR step. It requires a minimum investment of USD 800,000 in a USCIS-designated Targeted Employment Area (or USD 1,050,000 elsewhere) into a new commercial enterprise creating at least 10 full-time US jobs, with funds lawfully sourced and kept genuinely at risk.
Beyond the investment, realistic first-year costs run roughly USD 55,000-95,000. Processing is long, around 30 months, with the I-526E petition alone taking 18-48 months and mainland-China and India applicants facing multi-year visa retrogression. A spouse and unmarried children under 21 are included at no extra investment.
Citizenship is possible after five years, and dual citizenship is allowed. A green card makes you a US tax resident from day one, taxing worldwide income and triggering FATCA/FBAR duties, with an exit tax if you later renounce. Guaranteed returns disqualify the investment, and a failed regional center has caused total loss of both capital and visa.
Program Details
- Category
- Investment
- Processing Time
- 30 months
- Application Fee
- $3,675
- Minimum Income
- —
- Minimum Investment
- $800,000
- Family Included
- Spouse and unmarried children under 21 included at no additional investment
- Path to PR
- Yes — 0 years
- Path to Citizenship
- Yes — 5 years
- Physical Presence
- Must reside in the US after receiving conditional green card; 6-month continuous absence voids residency
- Dual Citizenship
- Allowed
- Tax Impact
- Grants US lawful permanent resident status; worldwide income subject to US taxation from day of admission
Application Timeline
Apply
30mo processing
Visa Granted
Initial permit
Permanent Residency
After 0 years
Citizenship
After 5 years
Key Requirements
- ✓Minimum investment of $800,000 in a USCIS-designated Targeted Employment Area (TEA) or $1,050,000 in a non-TEA
- ✓Investment must create or preserve at least 10 full-time jobs for qualifying US workers
- ✓Investment must be in a new commercial enterprise
- ✓Funds must be lawfully obtained and at-risk
- ✓Investor must be involved in management of the enterprise (can be limited partner in a regional center)
- ✓Background checks and source-of-funds documentation required
Am I eligible for EB-5 Immigrant Investor Visa?
Quick self-check based on the published criteria. Not legal advice. No data leaves your browser.
Minimum investment / capital
Programme requires $800,000.
Fill in the fields above to see a verdict.
This is a heuristic, not a determination. Final eligibility depends on full documentation and immigration-officer discretion.
Application Process — Step by Step
- 01
Choose regional center or direct investment route
home countryEB-5 Reform Act 2022 restored the program with new rules: $800,000 in Targeted Employment Area (TEA) — rural or high-unemployment; $1,050,000 elsewhere. Regional Center investment (pooled project) vs Direct investment (applicant runs business creating 10+ jobs).
Typical duration: 4-12 weekssource ↗
- 02
File I-526E petition
home countryImmigrant Petition by Regional Center Investor (or I-526 for direct). Demonstrates lawful source of funds, investment, and job creation plan. Currently 12-60+ months processing depending on priority date.
Typical duration: 12-60+ monthssource ↗
- 03
Consular processing OR adjustment of status
home countryOnce I-526E approved and visa available: consular processing at US embassy (if abroad) OR file I-485 adjustment (if lawfully in US). Receive conditional 2-year green card.
Typical duration: 12-18 months
- 04
Invest + maintain jobs (2 years conditional)
destinationMust maintain investment and create/preserve 10 full-time US jobs during 2-year conditional period.
Typical duration: 24 months
- 05
File I-829 to remove conditions
destinationPetition to Remove Conditions on Permanent Resident Status within 90 days before conditional green card expires.
Typical duration: 12-36 months processing
Documents Required
| Document | Issued By | Apostille | Translate to | Validity (days) |
|---|---|---|---|---|
| Valid passport | Home country | No | — | 180 |
| Source of funds documentation (extensive) | Bank/tax/legal records | Yes | en | 90 |
| Investment agreement + escrow/transfer proof | Regional Center or bank | No | — | — |
| Clean criminal record + medical exam | Home country + approved physician | Yes | en | 180 |
Realistic Costs
Some figures below are industry estimates rather than officially verified: lawyer_fee_low, lawyer_fee_high, translations, health_insurance_first_year, relocation_misc, total_first_year_low, total_first_year_high, total_5_year_low, total_5_year_high.
Excludes $800k/$1.05M investment itself (most/all typically recovered but with risk). USCIS fees include I-526E ($11,160), I-485 ($1,440), I-829 ($9,525).
Realistic Timeline
- Consulate wait52–260 weeks
- Total to residence card72–300 weeks
USCIS processing highly variable. I-526E typical 18-48 months. Mainland China, India applicants face visa retrogression (multi-year wait for visa availability after approval).
Renewal
- First renewal after
- 24 months
- Subsequent cycle
- months
- Renewal fee
- $9,525
- Requirements
- I-829 within 90 days before 2-year conditional green card expires; prove investment maintained + 10 jobs created.
Path to Permanent Residency — Details
- Years required
- 0
- Integration test
- Not required
Path to Citizenship — Details
- Years required
- 5
- Language test
- Yes
- Civic test
- Required
- Oath
- Required
- Dual citizenship
- Allowed
Tax Residency
- Trigger
- 0 days/year of presence
- Taxation scope
- Worldwide income
- Exit-tax country
- Yes
Health Insurance
- Mandatory
- No
- No co-pay required
- No
Examples: Aetna, Blue Cross, UnitedHealthcare, Cigna
Banking Setup
Some details in this section are industry estimates or general guidance rather than officially verified — confirm against the official source before relying on them.
- Open account before arrival
- Not typically possible before arrival
Bridge fintechs
Local banks accepting applicants
Chase, Bank of America, Wells Fargo, HSBC US, Citibank
Family Specifics
- Spouse work rights
- Spouse receives green card with unrestricted work rights
- Child school enrolment
- Full access to US public schools
- Parent inclusion
- Not eligible
- Sibling inclusion
- Not eligible
Gotchas — Things to Watch For
- ⚠EB-5 Reform Act 2022: thresholds raised to $800k (TEA) / $1.05M (non-TEA); reserved visa categories added
- ⚠Mainland China + India face multi-year visa retrogression after I-526E approval
- ⚠Green card = US tax resident from day 1 = worldwide income taxation + FATCA/FBAR obligations
- ⚠Investment must stay "at risk" — guaranteed returns disqualify
- ⚠Regional Center selection critical — bankrupt/fraudulent RCs have caused total loss of both investment AND visa
What This Visa Does NOT Allow
- ×Passive investment without sustaining at-risk and job creation requirements
Before You Arrive — Checklist
- Retain immigration + tax counsel
- Trace source of funds documentation (7+ years)
- Select reputable Regional Center (if using RC route)
- Consider TEA vs non-TEA
After You Arrive — Checklist
- Medical exam with civil surgeon
- SSN application
- State driver license
- Consider pre-immigration tax planning before conditional green card activates worldwide tax
Conversion Paths
Commonly switched from
Common Rejection Reasons
- •Source of funds not sufficiently traced
- •Investment not "at risk" per EB-5 requirements
- •Regional Center non-compliance or termination
- •Incomplete job creation documentation at I-829 stage
Recent Legislative Changes
2022-03-15
EB-5 Reform and Integrity Act: reauthorised Regional Center program through 2027; raised TEA to $800k, non-TEA to $1.05M; reserved categories for rural (20%), high-unemployment (10%), infrastructure (2%); enhanced fraud protection.source ↗
Last known legislative update for this programme: 2022-03-15.
Frequently Asked Questions
Do I get my $800k back?+
EB-5 investment must remain "at risk" — guaranteed returns disqualify. Most Regional Center investments aim to return capital after 5-7 years but it is genuinely at risk. Historical Regional Center return rates vary; RC failures have caused total losses. Choose RCs with care.
What is the reserved visa category?+
EB-5 Reform Act 2022 reserved 20% of EB-5 visas for rural investments, 10% for high-unemployment areas, and 2% for infrastructure. These reserved visas avoid the country cap backlog affecting Chinese and Indian investors in standard EB-5.
Good Fit For
Applying from a specific country? Your home-country tax rules, banking access, and dual-citizenship options affect every programme differently. Browse nationality guides → for tax obligations, renunciation rules, and second-passport routes.
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Sources & last verified
- Official source
- Last verified