The EB-5 Immigrant Investor Green Card

The EB-5 Immigrant Investor Program provides a pathway to U.S. permanent residence (a green card) for foreign nationals who make a qualifying investment in a new commercial enterprise in the United States. To qualify, an investor must invest at least $800,000 in a project located in a Targeted Employment Area (TEA) or $1,050,000 in a project located outside a TEA, with the investment lawfully sourced and placed at risk. The investment must also result in the creation of at least 10 full-time jobs for U.S. workers, either directly or indirectly (if a "Regional Center" project), generally within two years of the investor obtaining conditional permanent residence.
 

As it can be challenging to create and sustain the required 10 full-time U.S. jobs, many EB-5 investors choose to invest through USCIS-designated Regional Center projects. These professionally managed, large-scale projects—often in construction or real estate—pool capital from multiple investors and may count indirect and induced jobs toward the EB-5 job-creation requirement. By contrast, a direct EB-5 investment allows an entrepreneur to build or expand their own U.S. business, but generally involves greater responsibility and risk, as the investor must directly create and maintain all 10 qualifying jobs.

The EB-5 Immigrant Investor Program is often one of the most effective pathways to U.S. permanent residence for qualifying investors. Under the EB-5 Reform and Integrity Act of 2022, designated rural Targeted Employment Area (TEA) projects currently benefit from priority processing, which can significantly shorten adjudication timelines. At Allen Pavlow, our team has the experience and insight necessary to guide investors through this complex process and maximize the likelihood of a successful outcome.