EB-5 Immigrant
Investor Program
Strategic legal guidance for investors seeking
permanent residency through capital investment.
The EB-5 Immigrant Investor Program allows qualified foreign nationals to obtain U.S. green cards by investing in job-creating American businesses. At Kameli Law, our attorneys provide end-to-end counsel—from structuring compliant investments to preparing petitions, tracing funds, and managing documentation through approval.
Request Your EB-5 Evaluation
Find out if your investment qualifies under current EB-5 rules.
What Is the EB-5 Program?
Created by Congress in 1990 and modernized by the EB-5 Reform and Integrity Act of 2022, this program grants U.S. permanent residence to investors who:
- Invest qualifying capital in a new commercial enterprise, and
- Create or preserve at least 10 full-time U.S. jobs.
Successful applicants receive two years of conditional residency and may obtain permanent green cards after demonstrating sustained investment and verified job creation. Investors can either:
- Invest directly and manage their enterprise, or
- Invest through a Regional Center, where pooled capital supports larger projects and allows indirect job creation.
2025 EB-5 Requirements at a Glance
| category | Details |
|---|---|
| Standard Investment | $1,050,000 |
| Reduced Investment (TEA) | $800,000 for Targeted Employment Areas (rural, high-unemployment, or infrastructure) |
| Job Creation | 10 full-time (35+ hrs/week) U.S. employees on W-2 payroll |
| Conditional Residence | 2 years following Form I-526/I-526E approval |
| Investment Duration | Capital must remain “at risk” through the conditional period until I-829 approval |
| Admissibility | Background, security, and medical clearance required |
| (Amounts subject to inflation adjustment; next review scheduled for 2027.) | |
EB-5 Investment Pathways
Direct EB-5
- You invest and participate directly in your own commercial enterprise.
- Only direct jobs (on payroll) count toward job creation.
- Offers greater control but higher operational risk.
Regional Center EB-5
- Invest through a USCIS-designated Regional Center pooling investor capital.
- May count direct, indirect, and induced jobs via economic modeling.
- Typically more passive with built-in compliance oversight.
Compare EB-5 Investment Options
Explore whether a direct or regional approach fits your goals.
Job Creation & Economic Impact
A qualifying EB-5 project must create 10+ full-time positions for U.S. workers (citizens, residents, or other authorized workers).
- Direct Investments: Must document payroll and tax records.
- Regional Center Projects: May rely on government-approved economic models (e.g., RIMS II, IMPLAN) to calculate indirect job creation.
Jobs must be expected within the required investment period and fully supported during the I-829 petition stage.
Investment Rules & Capital Sustainment
- Lawfully obtained and traceable,
- Fully invested or actively in process, and
- At risk for the purpose of generating a return (no guaranteed redemption or interest).
Documenting Lawful Source
and Path of Funds
Acceptable capital sources include:
A complete financial paper trail—including bank statements, tax returns, and wire receipts—significantly reduces USCIS Requests for Evidence (RFEs).
Visa Availability & Processing Times
- Priority Date: Established on I-526/I-526E filing.
- Set-Aside Visas: Reserved for rural (20%), high-unemployment (10%), and infrastructure (2%) projects, which may offer faster visa access for applicants from oversubscribed countries.
- Processing Times: Vary by petition type, consular backlog, and security screening.
Risk Management
and Compliance
Common Risks
- Project execution delays or cost overruns
- Currency-transfer or banking restrictions
- Job-creation shortfalls
- Premature capital withdrawal
Mitigation Strategies
- Independent due diligence on project and developer
- Conservative job cushion (10–20% above required jobs)
- Legal review of offering and partnership agreements
- Ongoing source-of-funds verification
Note: All EB-5 investments involve risk; immigration benefits depend on full compliance with program requirements.
Frequently Asked Questions
What is the minimum EB-5 investment?
$1,050,000 standard or $800,000 in a TEA (rural/high-unemployment/infrastructure).
How long until I receive a green card?
Processing typically takes 2–5 years, depending on your nationality, project category, and visa availability.
Can I use a gift or inheritance?
Yes—if you document the donor’s lawful source and provide proof of transfer.
Is my capital guaranteed?
No. The investment must remain at risk; guaranteed returns can invalidate eligibility.
Do I need to live near the project?
No, EB-5 investors may live anywhere in the United States.
Start Your EB-5 Journey Today
Schedule a confidential consultation to evaluate eligibility, review project options, and design a compliant EB-5 strategy.