EB-5 Visa Lawyer | EB-5 Investor Visa

Green Card Through Investment

The EB-5 Immigrant Investor Program is a U.S. permanent residence (Green Card) option for individuals who make a qualifying investment in the United States and support job creation for U.S. workers. It is widely used by investors and entrepreneurs who want the flexibility of permanent status while building or participating in a U.S. business venture.

At Crightney Immigration, we help clients understand whether EB-5 fits their goals, and we guide the immigration planning and documentation strategy that supports a strong, compliant filing.

What Is the EB-5 Visa?

The EB-5 visa is an immigrant visa category that can lead to a Green Card for the investor, as well as their spouse and unmarried children under 21. In exchange, the investor must place the required capital into a qualifying U.S. commercial enterprise and meet the program’s job-creation rules.

The goal of EB-5 is economic: the program is designed to encourage investment and generate employment in the United States.

Two Ways to Invest Under EB-5

EB-5 generally offers two primary investment structures:

1) Direct EB-5 Investment

You invest directly in your own U.S. business (or a qualifying enterprise) and the job creation is typically tied to that operating company.

2) Regional Center Investment

You invest in a project sponsored by a USCIS-designated Regional Center. Depending on the project model, job creation may be counted through direct and qualifying indirect economic impacts, as permitted by the program rules.

Who Can Qualify for EB-5?

EB-5 is open to investors of any nationality. There is no specific education level, occupation, or age requirement built into the category. In general, eligibility depends on whether the investor can:

• Make a qualifying investment in a U.S. commercial enterprise, and

• Show the creation (or in limited cases, preservation) of at least 10 full-time jobs for qualifying U.S. workers.

If you previously invested in a U.S. business for a different status (for example, an entrepreneur pathway), you may be able to build an EB-5 strategy that aligns with that history but careful documentation is critical. Investment tracing and record keeping that does not meet EB-5 standards can put both immigration and financial outcomes at risk.

EB-5 Requirements at a Glance

While each case is unique, EB-5 filings typically must address the following:

• Minimum investment amount is met

• Investment is placed into a qualifying new commercial enterprise

• Capital is at risk (not guaranteed or risk-free)

• Lawful source of funds is proven and traceable

• The enterprise will create (or preserve, where applicable) 10 full-time jobs

• The investor meets the program’s management/engagement rules (direct investments often require more active involvement; Regional Center investments may rely on limited partner rights)

In simple terms, EB-5 is built on three pillars: investment, enterprise, and jobs.

Minimum Investment Amount

Under current program rules, the minimum investment amount is generally:

• $1,050,000 for projects outside a Targeted Employment Area (non-TEA), or

• $800,000 for projects in a qualifying Targeted Employment Area (TEA), which may include certain rural or high-unemployment locations.

Investment capital can take different forms not only cash. Depending on how the investment is structured, eligible capital may include items such as equipment, inventory, and other tangible assets. Some loan structures may also be acceptable in limited circumstances, but the details matter. A transaction that looks reasonable commercially is not always acceptable for immigration purposes.

What Counts as a Qualifying Enterprise?

A qualifying EB-5 enterprise is a for-profit U.S. business engaged in real commercial activity meaning it provides goods or services to the public and operates as a business (not simply a personal asset-holding arrangement).

In many cases, the enterprise must qualify as a new commercial enterprise, which may include:

• A business formed after the key statutory date, or

• A qualifying restructuring, purchase/reorganization, or qualifying expansion of an older business under the program rules.

Owning personal-use real estate on its own (for example, purchasing a house or condo for private use) generally does not satisfy EB-5 standards because it is not treated as an operating commercial enterprise for program purposes.

Job Creation Rules

To qualify, EB-5 requires the creation (or in limited cases, preservation) of 10 full-time jobs for qualifying U.S. workers.

• Direct EB-5: job creation is generally based on direct employees of the job-creating business.

• Regional Center: projects may be able to count qualifying direct and permitted indirect job creation based on accepted economic methodologies.

Certain jobs do not count toward the total, including roles held by the investor and their immediate family members.

Is EB-5 Risky?

EB-5 involves real risk. The program requires that the investment be “at risk,” meaning there is a genuine possibility of both gain and loss. That risk can be financial, and it can also be immigration-related if the project fails to meet the program requirements (including job creation).

The goal is to reduce avoidable risk through proper project selection, strong documentation, and an immigration strategy that matches the facts of the investment.

Source of Funds

A major part of EB-5 preparation is proving that the investment funds come from lawful sources and can be traced through a clear financial trail. Source of funds may include, for example:

• Employment income and accumulated savings

• Sale of property or a business

• Gifts or inheritance (with proper documentation)

• Dividends, interest, or investment proceeds

• Certain loans, where permitted and properly structured

A strong EB-5 filing doesn’t just state the source it documents and traces it.

Investor’s Management Role

EB-5 has a “management” component, but what it looks like depends on the investment type:

• Direct EB-5 often involves active participation in operations or decision-making.

• Regional Center investments may satisfy the requirement through rights typically held by limited partners (for example, voting rights), depending on the structure.

EB-5 Process Overview

While each case differs, EB-5 filings usually follow a sequence like this:

1. Case strategy + eligibility review

2. Selection of a qualifying enterprise or Regional Center project

3. Investment and documentation of capital transfer

4. Petition filing (direct or Regional Center as applicable)

5. Conditional permanent residence through consular processing or adjustment of status

6. Later filing to remove conditions by proving the investment remained in place and job creation requirements were met

Regional Centers: Important Considerations

Regional Center projects can be appealing to investors who prefer a more passive structure. At the same time, these projects may carry unique risks, including project failure, administrative issues, or compliance concerns that can affect the immigration outcome.

Because EB-5 offerings may also involve securities and disclosure obligations, investors should approach project review carefully and ensure they understand the terms, risks, fees, and timelines before committing funds.

Processing Time and Costs

EB-5 timing depends on factors such as case type, project category, government workload, and visa availability. Government filing fees and third-party costs also vary depending on the filing approach and where the applicant is applying from. A proper consultation is the best way to estimate timelines and costs based on your facts and investment plan.

How Crightney Immigration Can Help

EB-5 cases require disciplined documentation and careful planning especially around investment tracing, source of funds, job creation, and long-term strategy. We support investors by:

• Evaluating EB-5 eligibility and risk factors

• Identifying immigration issues before they become filing problems

• Building a clear documentation plan for source of funds and transfer trail

• Coordinating the immigration strategy with the investment structure and timeline

• Preparing petitions and supporting evidence to reduce delays and requests

Ready to Discuss EB-5?

If you are considering a Green Card through investment whether through a direct business venture or a Regional Center project schedule a consultation to review your options and build a compliant strategy.

Speak With an Immigration Professional 

Speak with an immigration professional to explore your eligibility and identify the most effective strategy for your situation.

U.S. Immigration Disclaimer
Crightney Immigration provides immigration consulting and administrative support services. U.S. immigration matters may involve collaboration with U.S. licensed attorneys where required by law. This website provides general information only and does not constitute legal advice or create an attorney-client relationship.