EB-5 Investor Visa

For entrepreneurs or investors making a substantial U.S. business investment that must create jobs for American workers.

24-48 months

Processing Time

Permanent (green card)

Duration

Overview

The EB-5 Immigrant Investor Program provides a path to permanent residence for foreign investors who make a substantial investment in a U.S. commercial enterprise that creates or preserves at least 10 full-time jobs for American workers.

The standard minimum investment is $1,050,000, reduced to $800,000 for investments in Targeted Employment Areas (TEAs)—either rural areas or areas with high unemployment. Investors can either create their own business or invest in a Regional Center project that pools investments.

The EB-5 process involves an initial I-526 petition proving the investment and job creation plan, followed by conditional permanent residence for two years. Before the two-year period ends, the investor must file an I-829 petition to remove conditions by demonstrating that the investment was sustained and jobs were created. Upon approval, the investor receives unconditional permanent residence.

Key Requirements

  • You can invest at least $800,000 (TEA) or $1,050,000 (standard)
  • Your investment funds are from lawful sources
  • The investment will create at least 10 full-time U.S. jobs
  • You are willing to be actively involved in the business or invest through a Regional Center
  • You can demonstrate the legitimacy of your investment capital

Frequently Asked Questions

A TEA is either a rural area (outside a metropolitan statistical area) or an area with unemployment at least 150% of the national average. Investments in TEAs qualify for the reduced $800,000 minimum instead of $1,050,000.

Regional Centers are USCIS-designated entities that sponsor investment projects. Investing through a Regional Center allows counting indirect and induced jobs (not just direct employees) toward the 10-job requirement. Most EB-5 investors use Regional Center projects.

You must document the lawful source of your investment capital through tax returns, business records, sale documents, inheritance records, gifts, loans, and other evidence. This is often the most scrutinized part of the EB-5 petition and requires thorough documentation.

If the investment fails to create the required jobs, your petition to remove conditions (I-829) may be denied, and you could lose your conditional resident status. This is a real risk, and investors should carefully evaluate projects. Investment at risk is fundamental to EB-5.

Yes, your spouse and unmarried children under 21 are included in your EB-5 petition. They receive conditional permanent residence along with you and can also have conditions removed when you file the I-829. They don't need to make separate investments.

Not sure if this is the correct option for your situation and goals?

In their own words

I cannot say enough wonderful things about the entire team at Serotte Law, and how seamless they made my process in obtaining my nonimmigrant E1 Treaty Trader visa. I had the distinct pleasure of working with Rita Georges as my lawyer and Brenna Scanlon as my paralegal, both of whom offered incredible guidance through every step of the process. They both went out of their way to provide support not only outside standard business hours, but even during the Thanksgiving weekend when an urgent matter arose in my case. Danielle Roberts also played an important role supporting me throughout my journey and her dedication and timeliness were invaluable. Although the process was backlogged due to delays related to the pandemic, the entire team was continually in touch with me providing updates and any time I had a question (and there were many) I received a response almost instantly. Truly "white-glove", five star service from start to finish. Of note, the firm is especially skilled in working with entrepreneurs such as myself and was extremely detailed and meticulous in assembling my application package, leaving no detail to chance. In the instance I needed a referral to a business plan expert, they were quick to provide a recommendation with whom I also had an outstanding experience. Even for some unexpected issues in my case (namely, administrative processing) the entire team was both knowledgeable and supportive about what needed to be done such that I was ultimately successfully issued my E1. Your search for a law firm ends here.

Adam Haroun

Adam Haroun

Google Review

Prompt, efficient and proactive professionals, while being communicative and transparent every step of the way!! But most importantly, kind, compassionate and responsible. That is how I would describe Serotte Law(yers), in the true sense of every word!! I switched over to Serotte law 5 years ago, and as we all know switching law firms is a more tedious process than starting afresh, but Brenna made it seamless for me. Brenna Scanlon, their Managing paralegal is a highly qualified immigration expert, extremely well versed in her field of knowledge, and all of this while being a kind and compassionate human being. I don’t know of any other law firm that will call you after hours but these guys will. They will treat your sense of urgency as their own and that’s what stands them apart from the plethora of immigration lawyers out there!! Rita George’s, a highly capable and forthcoming lawyer, a solution finder, will guide you smoothly through every situation, every step of the way!! Immigration applicants tend to face many interrelated issues as well, but Serotte law guides you to the best of their ability there too, and if it’s not their forte they will refer you to the best of the best in the business - kinda like a concierge service!!! Thank you once again to team Serotte, Rita George’s, Brenna Scanlon, Danielle Roberts, Asia Battle, Mike Farrell, and everybody else for your able guidance and services.

KHANNA, Sahil

KHANNA, Sahil

Google Review

I have had the pleasure of working with Serotte Law for the past 10+ years, and I cannot recommend their services highly enough. From the very beginning, they have provided exceptional support and guidance through every step of my US immigration journey. Initially, Serotte Law assisted me with obtaining and renewing my L-1A visas. Their deep understanding of immigration law and meticulous attention to detail ensured a smooth and successful application process. Over the years, they have consistently demonstrated their expertise and dedication, making what could have been a stressful experience remarkably manageable. Most recently, Serotte Law helped me achieve a significant milestone: obtaining my green card. Their unwavering commitment and personalized approach were instrumental in this success. The team at Serotte Law, specifically Rita Georges and Asia Battle, is not only highly knowledgeable but also incredibly responsive and compassionate, always taking the time to address my concerns and keep me informed. If you are seeking reliable and professional assistance for your US immigration needs, look no further than Serotte Law. Their proven track record, coupled with their client-focused approach, makes them the ideal choice. I am immensely grateful for their support and wholeheartedly recommend their services to anyone navigating the complexities of US immigration.

Bryan Shapcott

Bryan Shapcott

Google Review

I have worked with quite a few immigration attorneys in the last 7 years, and the team at Serotte Law is one of the best I have encountered. As an immigrant that requires work authorization to live in the US, immigration is always on my mind, and I am always stressing about it to some degree. This changed after my firm hired the team at Serotte Law. They handled my H1B transfer, PERM, I-140, and H1B Extension applications flawlessly. They guided me and my company through every step of the process and make sure we were on-track to meet the deadlines. My timeline to procure the I-140 was pretty tight. As such, Susan and team wasted no time in getting all the document in order, and staying on top of the case in the last 18 months. I received regular status updates, prompt email responses, and complete transparency in the process at every step of the way. I would 100% recommend hiring this team for all your work based immigration needs.

Dhaval Bajaria

Dhaval Bajaria

Google Review

Ready to get started?

Take our free immigration assessment to find resources tailored for you, or book a consultation with our immigration attorneys to map out the strongest path to your destination.