Understanding the EB-5 Visa: A Pathway to US Permanent Residency Through Investment 

For many foreign investors, the EB-5 investor program is more than a financial investment. It is a strategic pathway to building a future in the United States. Designed to create economic growth and new jobs in local communities, this employment-based visa program offers a mutually beneficial opportunity for investors and the U.S. economy.

What is the EB-5 Visa?

The EB-5 visa is an investment-based immigration benefit that allows foreign investors to obtain a green card by investing in a U.S. business.

Investors often pursue the EB-5 green card for benefits such as:

• Freedom to live, work, and study anywhere in the U.S.
• Access to higher education and potential in-state tuition savings
• No employment sponsorship required
• Direct path to citizenship after maintaining residency
• Ability to contribute to the U.S. economy

Eligibility Requirements

To qualify for EB-5, applicants must meet the following requirements:

• The applicant must be a foreign national investing in the United States. Both direct investments and Regional Center investments are permitted under the EB-5 program.
• The investment must meet the minimum capital requirement, which varies based on the location of the business:
  • Targeted Employment Area (TEA) investment: $800,000
  • Non-TEA investment: $1,050,000

• Applicants must demonstrate that their invested capital comes from a lawful source. Acceptable sources of funds may include:
  • Salary earnings
  • Company profits or dividends
  • Sale of property or stocks
  • Gifts or inheritance
  • Loans secured by personal assets
  • Unsecured loans

• The investment must create or preserve at least 10 full-time jobs for U.S. citizens or green card holders. 
• The EB-5 petition may include:
  • Spouse
  • Unmarried children under 21

Permanent Residency and Citizenship

To obtain permanent residency through the EB-5 program, several stages of approval are required. The filings include:

• Form I-526/I-526E: This is the initial petition filed with the United States Citizenship and Immigration Service (USCIS) to show that the investor has made, or is actively in the process of making, a qualifying investment and that the funds come from a lawful source.
• Form DS-260 or Form I-485: After I-526E approval, the investor and qualifying family members apply for conditional permanent residency through either:
  • DS-260 if applying from outside the U.S. through a U.S. Embassy/Consulate, or
  • I-485 if applying within the U.S. to adjust status. Can be concurrently filed with Form I-526/I-526E, as well as Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document), if the visa bulletin is current during the month of filing.
• Form I-829: Filed approximately two years after receiving conditional residency. The investor must demonstrate that the investment has remained in place for a minimum of two years and that the required 10 jobs have been created. Once approved, the investor and eligible family members obtain unconditional (permanent) green cards

The EB-5 visa is one of several U.S. immigration pathways that involves investment and economic activity. It helps families build a future in the United States while supporting job growth in local communities. With the opportunity to obtain green cards for the entire immediate family and a path to U.S. citizenship, EB-5 is a powerful option for investors.

This article was written by immigration attorney Jacqueline Treviño.

Treviño is an Immigration Associate Attorney at PSBP Law, where she focuses on EB-5 investor visas and investment fund documentation.