EB‑5 Investor Visa Program Overview

Investing $800,000 in a qualified U.S. business can provide you, your spouse, and your children under 21 with lawful permanent residence (a green card), provided you meet two essential requirements. An Alexandria, VA employer immigration compliance lawyer can explain in more detail but two requirements are:

1. You invest in a commercial enterprise in the United States that qualifies under the EB‑5 program; and
2. Your investment creates or preserves at least 10 permanent full‑time jobs for U.S. workers.

This pathway — known as EB‑5, after the “employment‑based fifth preference” visa — is a favored option for affluent individuals who want more control over their U.S. immigration process without relying on family or employer sponsorship.

Investors can either:
A. Direct invest to create and operate their own business — such as a restaurant, retail store, logistics company, manufacturing plant, medical clinic, childcare center, or any number of franchises; or
B. Passively invest in a regional center project which pools resources of multiple investors, which typically funds larger developments like hotels, apartment complexes, senior living facilities, office buildings, mixed‑use developments, infrastructure projects, or renewable energy facilities.

For most investors already in the United States on another lawful status, there is no waiting period to file for adjustment of status and begin the green card process — unless you are from a country like China or India, which currently have oversubscribed categories and longer queues.

If you are outside the United States and applying through consular processing, the timeline is typically about 18–36 months, depending on the category you choose and your country of chargeability.

While the headlines often stop at the investment amount, the EB‑5 program is far more nuanced — with distinct categories, country caps, and strategic considerations that can significantly affect your timeline and outcome.

In this article, I break down the EB‑5 program as it stands today: the categories as reflected in the Visa Bulletin, how reserved and unreserved visas work, and what serious investors should know before committing capital.

What Is The EB‑5 Program?

Created by Congress in 1990, the EB‑5 program was designed to stimulate the U.S. economy through job creation and foreign investment.

Investors who contribute a qualifying amount of capital into a U.S. business — and create at least 10 full‑time jobs for U.S. workers — may obtain lawful permanent residency (green cards) for themselves, their spouse, and their unmarried children under 21.

Unlike employment‑ or family‑based green cards, an EB‑5 does not require employer sponsorship or family ties. It is one of the few immigration pathways entirely within the investor’s control.

Investment Thresholds: TEA Vs. Non‑TEA

The investment amount depends entirely on the location and designation of the project — not whether you invest directly or through a regional center:

• $800,000: For projects located in a Targeted Employment Area (TEA) — which includes high‑unemployment areas, rural areas, and certain infrastructure projects designated under the EB‑5 Reform and Integrity Act of 2022.
• $1,050,000: For projects located outside of a TEA.

Most regional center projects are structured to qualify as TEAs to attract investors at the $800,000 level. But simply investing through a regional center does not automatically qualify you for the lower threshold — you must confirm that the specific project is TEA‑designated.

Whether you choose a direct investment or a regional center, if the project is not in a TEA, the higher threshold applies.

EB‑5 Categories In The Visa Bulletin

Each year, about 7.1% of all U.S. immigrant visas are allocated to EB‑5 investors — approximately 10,000 visas annually.

Of those:

• 32% are “reserved” for specific categories:
  • 20% for rural area investments
  • 10% for high‑unemployment area investments
  • 2% for infrastructure projects
• 68% are “unreserved,” available to all other qualified EB‑5 investors

The reserved categories were introduced to attract investment to underserved areas. They also currently enjoy shorter wait times and fewer backlogs, making them particularly attractive for investors from countries like China and India, where the unreserved category is oversubscribed.

The U.S. Department of State publishes a Visa Bulletin every month showing which categories are “current” — meaning visas are immediately available — and which have waitlists.

In the Visa Bulletin:

• C = Current: visas available immediately
• A date = Only investors with a priority date earlier than this may proceed
• U = Unauthorized: no visas available in that category

As of now:

• All three reserved categories (rural, high‑unemployment, infrastructure) are current for all countries
• The unreserved category is backlogged for certain countries, notably China and India

Direct Investment Vs. Regional Center

Direct Investment: Start, own, and actively manage a business that directly employs at least 10 U.S. workers.

• Greater control, direct oversight, and potential upside
• Requires hands‑on involvement and carries operational risks

Regional Center Investment: Invest through a USCIS‑designated regional center that pools capital from multiple investors to fund larger projects.

• Passive investment, ability to count indirect jobs, less operational burden
• Less control, and the success of your case depends on the quality and integrity of the regional center

Strategic Considerations

• Source Of Funds: Document that your capital was lawfully obtained — from business income, property sales, gifts, loans, etc.
• Project Selection: Scrutinize the financials, management team, TEA designation, and exit strategy
• Category Strategy: Choosing a reserved category may help avoid multi‑year backlogs
• Risk Tolerance: EB‑5 is not guaranteed. If the project fails to create the jobs, you could lose both your capital and your green card
• Timeline & Family Goals: If you have children nearing 21, consider how delays could impact their eligibility

The Process

1. Select and vet a qualifying project and confirm its category
2. Invest the required capital
3. File Form I‑526 (or I‑526E for regional center investments) with USCIS
4. If approved and your priority date is current, you and your family receive a conditional green card valid for two years
5. Within 90 days before the two‑year mark, file Form I‑829 to remove conditions by proving the investment created at least 10 jobs
6. Once Form I‑829 is approved, you receive a permanent green card

Final Thoughts

For the right investor, EB‑5 offers an unmatched combination of U.S. residency, flexibility, and family benefits — while making a meaningful contribution to the U.S. economy.

But it is not a cookie‑cutter program. Success depends on thoughtful planning, careful project selection, and a clear understanding of the categories and risks involved.

If you’re ready to explore EB‑5, contact The Law Offices of Ricky Malik, PC today. I’ll guide you through the categories, help you vet projects, and work alongside your financial and tax advisors to craft a strategy aligned with your goals.