EB-5 IMMIGRANT
INVESTOR PROGRAM
PERMANENT RESIDENCY
Post-RIA Direct & Regional Center Investment, Priority Processing Set-Asides & Concurrent Adjustment for Global Families
Kameli Law delivers full-spectrum legal representation under the EB-5 Reform and Integrity Act (RIA), structuring source-of-funds forensics, project compliance, concurrent Form I-485 filings, and condition removals.
Request an EB-5 Case EvaluationImmigrant Investor Statutory Framework
The EB-5 Immigrant Investor Practice at Kameli Law represents global investors, entrepreneurs, and high-net-worth families under INA § 203(b)(5) and the EB-5 Reform and Integrity Act of 2022 (RIA). Modernized to enhance investor transparency and national economic impact, the EB-5 category provides a direct path to lawful permanent residence for foreign nationals investing $800,000 in Targeted Employment Areas (TEA) or $1,050,000 in standard projects, creating a minimum of 10 full-time jobs for American workers.
Capital Baseline
$800,000 (TEA) / $1,050,000 (Standard)
Set-Aside Visas
32% Reserved (Rural, High-Unemployment, Infra)
Domestic Advantage
Concurrent Form I-485 Adjustment of Status
Under USCIS policy updates interpreting the RIA, investors filing post-March 2022 are required to sustain their capital at risk for a minimum of strictly two years from the date the funds were fully deployed to the Job-Creating Entity (JCE), provided the 10 full-time jobs have been created. This statutory reform eliminates the indefinite capital lockup and redeployment risks that burdened pre-RIA investors.
EB-5 Investment Pathways
Select a focus area below to examine Regional Center pooling, direct operational models, and source-of-funds forensics.
The dominant pathway for passive investors. Capital is pooled into large-scale commercial, real estate, or infrastructure projects managed by USCIS-approved Regional Centers. The statutory job creation requirement is satisfied through indirect and induced economic modeling.
Show Economic Modeling & Project Due Diligence Standards
Indirect & Induced Job Creation: Counting jobs created by construction expenditures and operational revenues via approved input-output models (RIMS II / IMPLAN).
Independent Project Due Diligence: Reviewing Private Placement Memorandums (PPM), subscription agreements, and senior loan covenants to verify capital security.
RIA Good-Faith Protections: Retaining priority dates and green card eligibility under INA § 203(b)(5)(M) even if a regional center terminates.
For entrepreneurs who prefer complete operational control over their business. The investor owns, develops, and directs an independent New Commercial Enterprise (NCE), with the requirement that 10 permanent, full-time U.S. workers must be employed directly on company W-2 payroll.
Show W-2 Payroll Rules & Direct Enterprise Structuring
Direct Job Verification: Mandatory creation of 10 full-time (35+ hours/week) permanent positions filled by qualifying U.S. workers on Form 941 payroll tax returns.
Matter of Ho Business Plan: Submitting a comprehensive 5-year business plan with verified market research, operational timelines, and financial models.
Managerial Participation: Establishing policy formulation or voting rights as a general partner, managing member, or executive board officer.
The cornerstone of every successful EB-5 petition. Federal law requires proving by a preponderance of the evidence that the entire $800,000 or $1,050,000 investment was obtained through lawful sources, tracking every dollar from origin through banking channels into the project escrow.
Show Permitted Capital Sources & Tracing Standards
Legitimate Capital Origins: Corporate dividends, salary accumulation, commercial real estate sales, inheritance, or equity loans.
Gifts & Donor Tracing: Gifts are fully permitted, provided the donor’s original lawful acquisition of funds is documented with identical forensic rigor.
Currency Exchange & Wire Chains: Documenting licensed foreign exchange mechanisms, bank wire receipts, and escrow confirmation notices without gaps.
Under the RIA, investors residing in the U.S. under nonimmigrant visas (F-1, H-1B, L-1, E-2) can file Form I-485 concurrently with Form I-526/I-526E when priority dates are current, securing interim employment authorization (EAD) and Advance Parole travel documents while their petition is pending.
Show Set-Aside Allocations & Concurrent Filing Mechanics
32% Reserved Visa Set-Asides: 20% reserved for Rural TEAs (with priority processing), 10% for High Unemployment TEAs, and 2% for Infrastructure.
Immediate Work & Travel Stability: Concurrent Form I-765 and Form I-131 filings insulate F-1 students and H-1B workers from employer sponsorship dependency.
Form I-829 Condition Removal: Transitioning from 2-year conditional status to a 10-year permanent green card upon verifying job creation.
Structural Comparison
Regional Center vs. Direct EB-5 Comparison Matrix
Evaluate regulatory requirements, job creation methodology, and operational responsibilities across EB-5 models.
| Program Element | Regional Center EB-5 (Form I-526E) | Direct Standalone EB-5 (Form I-526) |
|---|---|---|
| Targeted Employment Area (TEA) | $800,000 Capital Investment | $800,000 Capital Investment |
| Non-TEA Standard Project | $1,050,000 Capital Investment | $1,050,000 Capital Investment |
| Job Creation Standard | Direct, Indirect & Induced (Economic Modeling) | Strictly 10 Direct Permanent W-2 Payroll Employees |
| Investor Management Role | Limited partner / Member (Policy formulation; passive oversight) | Direct operational management or executive board control |
| Capital Sustainment Requirement | Minimum 2 Years from JCE Deployment (Post-RIA Rule) | Minimum 2 Years from Deployment (Post-RIA Rule) |
| Reserved Set-Aside Access | Eligible (Rural, High-Unemployment, Infrastructure) | Eligible only if enterprise is physically located within a TEA |
Planning an $800K Investment for U.S. Permanent Residence?
Have our senior EB-5 attorneys audit your source-of-funds paper trail, evaluate project compliance, and manage concurrent filing.
Financial Forensics Precision
Institutional Capability
Forensic Fund Auditing & Post-RIA Investor Protection
USCIS Immigrant Investor Program Office (IPO) adjudicators review source-of-funds documentation under exacting standards. Proving lawful acquisition requires showing the legitimate lineage of the capital through personal tax returns, commercial registrations, and unbroken banking transfers.
Complex Asset Liquidation Tracing: Auditing property conveyances, corporate dividend distributions, and private loan collaterals under Matter of Izummi precedents.
Job Cushion Analysis: Selecting projects with conservative 20% to 50%+ job creation cushions above the statutory 10-job threshold to protect the I-829 approval.
Rural Priority Adjudication: Structuring investments into qualifying Rural TEAs to access expedited Form I-526E processing under federal mandates.
Our EB-5 Petition Protocol
A four-stage tactical framework engineered to eliminate source-of-funds RFEs and deliver permanent U.S. citizenship.
Financial Forensics
Compiling tax returns, asset sales, and banking records to construct an unbroken lawful source and path of funds dossier.
Project Due Diligence
Evaluating project offering documents, TEA qualifications, developer capital stacks, and independent job-cushion models.
Filing & Adjustment
Submitting Form I-526/I-526E with USCIS and filing concurrent Form I-485 adjustment packages for investors residing in the U.S.
I-829 Condition Removal
Filing Form I-829 on the 2-year anniversary to verify job creation, secure permanent 10-year green cards, and complete capital exit.
Frequently
Asked Questions
Authoritative answers on minimum investment amounts, sustainment periods, concurrent filing, and job creation.
What is the required investment amount under the EB-5 Reform and Integrity Act (RIA)?
Under the EB-5 Reform and Integrity Act of 2022 (RIA), the statutory minimum investment is $800,000 if the project is located within a Targeted Employment Area (TEA)—which includes qualifying Rural Areas, areas with High Unemployment (at least 150% of the national average), and certified Infrastructure projects. For non-TEA standard projects located outside these designations, the minimum required capital investment is $1,050,000. These investment amounts are subject to automatic inflation adjustments every five years under federal law.
How long must EB-5 capital remain invested under the updated sustainment period policy?
Under the USCIS policy guidance implementing the RIA for post-March 2022 filings, an investor must maintain their investment at risk for a minimum of strictly two years. USCIS interprets the start of this two-year sustainment clock as the date the qualifying capital was contributed to the New Commercial Enterprise and deployed to the Job-Creating Entity (JCE). This policy represents a substantial improvement over pre-RIA rules, which required investors to sustain capital through their two years of conditional residency (often forcing years of risky capital redeployment).
What is Concurrent Filing and who is eligible to utilize it?
Concurrent filing (authorized under INA § 245(m)) allows an EB-5 investor who is already physically present in the United States under a lawful nonimmigrant visa (such as F-1 student, H-1B specialty worker, L-1 executive, or E-2 investor status) to file Form I-485 (Adjustment of Status) simultaneously with their Form I-526 or Form I-526E immigrant petition, provided their visa category is current under the Visa Bulletin. Concurrent filing grants the investor and family members interim open-market Employment Authorization Documents (EAD) and Advance Parole travel permits in approximately 90 to 120 days.
Can an EB-5 investment be funded through a gift, inheritance, or commercial loan?
Yes. Capital gifted from family members, inherited from an estate, or obtained through commercial loans can qualify for EB-5 purposes. In gift scenarios, the petition must document the donor’s lawful acquisition of the capital with the same forensic rigor as an investor. For loan proceeds, the funds can be secured by the investor’s personal collateral, or unsecured commercial loans can qualify under recent federal court precedents, provided the loan is not secured by the assets of the EB-5 enterprise itself.
What are the "Reserved Visa Set-Asides" under the RIA?
The RIA created three reserved visa set-aside classifications comprising 32% of the total annual worldwide EB-5 visa allocation: 20% reserved for investments in Rural Areas, 10% reserved for High Unemployment TEAs, and 2% reserved for Infrastructure projects. Investing in these categories allows investors—particularly those from heavily backlogged countries like China and India—to bypass historical waiting lists and obtain immediate green cards through uncapped queues. Furthermore, rural projects receive statutory priority processing from USCIS.
Secure U.S. Permanent
Residency Through
EB-5 Investment
Nearly 30 years of legal leadership guiding global investors through complex source-of-funds tracing, RIA project due diligence, and permanent U.S. citizenship.
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