EB-5 Immigrant Investor Green Card Attorney
The EB-5 Immigrant Investor Program provides a path to U.S. permanent residence for qualifying foreign investors who invest the required amount of lawfully obtained capital in a U.S. new commercial enterprise and satisfy the applicable job-creation requirements.
A qualifying EB-5 investment can provide permanent residence for the investor, the investor's spouse, and unmarried children under age 21, subject to applicable immigration requirements and visa availability. The program generally requires the investment to result in the creation of at least 10 qualifying full-time U.S. jobs.
Fariba Faiz represents foreign investors in EB-5 immigrant investor matters, direct investments, Regional Center investments, source and path of funds analysis, I-526 and I-526E petitions, adjustment of status and consular processing, and removal of conditions through Form I-829.
EB-5 cases require substantially more than proof that an investor has sufficient funds. The lawful source and path of the investment capital, investment structure, job creation, project documentation, visa availability, immigration history, and long-term permanent residence strategy should be evaluated carefully.
How Much Is the EB-5 Investment?
Under the current EB-5 framework, the required minimum investment is generally:
$1,050,000 for a standard EB-5 investment.
$800,000 for a qualifying investment in a Targeted Employment Area (TEA) or qualifying infrastructure project.
A Targeted Employment Area may include a qualifying rural area or high-unemployment area under the applicable statutory requirements.
The reduced investment amount does not apply simply because a project describes itself as being located in an economically disadvantaged area. The investment and project must satisfy the applicable EB-5 requirements.
Because EB-5 investment thresholds are subject to statutory adjustment, the applicable amount should be confirmed when the investor is ready to proceed.
What Are the Requirements for an EB-5 Green Card?
An EB-5 investor generally must establish:
- Investment of the required amount of capital in a qualifying new commercial enterprise.
- Lawful source of the investment capital.
- A documented path of funds showing how the capital moved from its lawful source into the EB-5 investment.
- Capital placed at risk for the purpose of generating a return.
- Creation of at least 10 qualifying full-time jobs attributable to the investment under the applicable EB-5 rules.
- Compliance with the requirements applicable to the investment structure, including Regional Center requirements when applicable.
USCIS confirms that EB-5 eligibility centers on the required investment and creation or preservation of 10 permanent full-time jobs for qualifying U.S. workers.
EB-5 Source of Funds
The lawful source of investment capital is one of the most important parts of an EB-5 investor petition.
Having the required amount of money in a bank account does not by itself establish EB-5 eligibility. The investor should be able to demonstrate how the investment capital was lawfully acquired.
Depending on the investor's circumstances, capital may derive from:
- Employment earnings and accumulated savings
- Business income or distributions
- Sale of a business
- Sale of real estate or other property
- Investment proceeds
- Inheritance
- Gifts
- Qualifying loan proceeds
- Other lawful sources
Source-of-funds documentation may include tax records, employment records, corporate documents, bank statements, property records, purchase and sale agreements, investment records, loan documents, gift documentation, inheritance records, or other financial evidence.
The appropriate documentation is highly fact-specific. A source-of-funds strategy that works for one investor may be inappropriate for another.
EB-5 Path of Funds
USCIS may also require documentation showing how the investment capital moved from its original source to the EB-5 investment.
This is commonly called the path of funds.
When capital moves through multiple accounts, companies, family members, jurisdictions, currency exchanges, or other transactions, the evidence should create a coherent documentary trail connecting the lawful source of the money to the qualifying investment.
Analyzing the source and path of funds before transferring the investment capital can identify documentation problems while they may still be addressed.
Direct EB-5 Investment
A direct or standalone EB-5 investment generally involves investment in a new commercial enterprise outside the Regional Center program.
In a standalone case, the required jobs generally must be created directly by the new commercial enterprise. USCIS guidance distinguishes these direct jobs from the broader job-creation methodologies available in qualifying Regional Center cases.
A direct EB-5 investment may appeal to an entrepreneur who wants greater involvement in the underlying business, but it requires careful planning concerning the enterprise, business plan, capitalization, investment structure, and ability to satisfy the job-creation requirement.
EB-5 Regional Center Investment
The EB-5 Regional Center Program allows qualifying investors to invest through projects associated with USCIS-designated Regional Centers.
Regional Center investments differ from standalone investments in important respects, including how qualifying job creation may be demonstrated. Regional Center cases may rely on qualifying direct and indirect job creation under applicable economic methodologies.
Investing through a Regional Center does not eliminate the investor's individual immigration requirements.
The investor must still establish the required investment, lawful source and path of funds, individual eligibility, and compliance with the requirements applicable to the investor petition.
Immigration Review of an EB-5 Regional Center Project
An EB-5 immigration attorney's review of a Regional Center investment is different from performing financial due diligence or recommending an investment.
From an immigration-law perspective, review may include issues such as:
- Regional Center and project immigration documentation
- Applicable EB-5 category
- Job-creation methodology
- Job-creation cushion
- TEA or reserved-visa classification
- Project documentation relevant to immigration eligibility
- Timing and deployment of EB-5 capital
- Immigration-related provisions in offering documents
- Issues potentially affecting I-526E or I-829 eligibility
Investors should separately obtain appropriate securities, investment, tax, corporate, and financial advice regarding the economic merits and risks of an investment.
USCIS approval of an immigration petition does not mean that the government has determined that an investment is financially sound, nor does an EB-5 immigration approval guarantee return of the investor's capital.
EB-5 Job Creation Requirement
A qualifying EB-5 investment generally must result in the creation of at least 10 full-time positions for qualifying U.S. workers.
How job creation is demonstrated depends significantly on the type of EB-5 investment.
For standalone investments, qualifying jobs generally must be directly created by the new commercial enterprise. Regional Center investments may use qualifying methodologies to establish certain indirect job creation.
Job creation should therefore be analyzed in the context of the particular enterprise or Regional Center project rather than treated as a simple headcount requirement.
Rural, High-Unemployment and Infrastructure EB-5 Investments
The EB-5 Reform and Integrity Act established reserved visa categories for certain qualifying investments.
The current statutory allocation reserves:
- 20% of EB-5 visas for qualifying rural investments
- 10% for qualifying high-unemployment-area investments
- 2% for qualifying infrastructure investments
The remaining EB-5 numbers are unreserved.
These categories can affect both the required investment amount and visa availability.
Visa availability is particularly important for investors from countries experiencing demand-related backlogs. As of the August 2026 Visa Bulletin, the EB-5 set-aside categories are current for all chargeability areas, while unreserved EB-5 availability differs for certain countries, including China and India. Visa availability changes and should be reviewed at the time immigration decisions are made.
Form I-526 and Form I-526E
The immigrant petition filed by an EB-5 investor depends on the type of investment.
A standalone investor generally files Form I-526, Immigrant Petition by Standalone Investor.
An investor in a qualifying Regional Center investment generally files Form I-526E, Immigrant Petition by Regional Center Investor.
The investor petition must establish the investor's individual eligibility in addition to the requirements applicable to the underlying investment.
EB-5 Concurrent Filing and Adjustment of Status
Some EB-5 investors who are in the United States and otherwise eligible to adjust status may be able to file Form I-485, Application to Register Permanent Residence or Adjust Status, while the EB-5 immigrant petition is pending when an immigrant visa is available and the applicable requirements are satisfied.
Whether concurrent filing is available or advisable should be evaluated individually.
Current immigration status, maintenance of status, visa availability, travel, employment authorization, immigration history, family members, and the possibility of changes in visa availability may all affect the strategy.
EB-5 Consular Processing
Investors residing abroad, and some investors who do not adjust status in the United States, may complete permanent residence processing through a U.S. embassy or consulate after approval of the underlying immigrant petition and when an immigrant visa is available.
The choice between adjustment of status and immigrant visa processing depends on the investor's location, immigration history, visa availability, and individual circumstances.
Conditional Permanent Residence and Form I-829
EB-5 investors and qualifying derivative family members initially obtain conditional permanent residence.
The investor must subsequently file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the applicable filing period.
The I-829 stage examines continued compliance with relevant EB-5 requirements, including the investment and required job creation.
For this reason, an EB-5 immigration strategy should consider the eventual I-829 process from the beginning rather than treating approval of the I-526 or I-526E petition as the end of the case.
EB-5 Versus E-2 Treaty Investor Visa
The EB-5 immigrant investor program and E-2 treaty investor visa are fundamentally different immigration classifications.
EB-5 is an immigrant classification designed to lead to permanent residence when the applicable requirements are satisfied.
E-2 is a temporary nonimmigrant classification available to qualifying nationals of treaty countries. E-2 does not itself provide a green card.
E-2 does not have the same statutory investment amount or 10-job requirement as EB-5. Conversely, EB-5 eligibility does not depend on treaty nationality.
For an investor who potentially qualifies for both, the analysis may include:
- Nationality
- Available investment capital
- Source and path of funds
- Type of business or investment
- Desired level of business involvement
- Immigration timeline
- Visa availability
- Spouse and children
- Long-term permanent residence objectives
The lower investment requirement of E-2 does not necessarily make it the better strategy, and the permanent-residence objective of EB-5 does not necessarily make EB-5 appropriate for every investor.
Can an E-2 Investor Later Apply for EB-5?
Potentially.
An E-2 investor may later pursue EB-5 if the investor independently satisfies all applicable EB-5 requirements.
However, an existing E-2 investment does not automatically become a qualifying EB-5 investment. The amount invested, lawful source and path of funds, enterprise structure, job creation, timing, and other EB-5 requirements must be separately analyzed.
Investors contemplating both strategies may benefit from considering the potential EB-5 requirements when initially structuring and documenting the investment.
Frequently Asked EB-5 Questions
How much money is required for an EB-5 green card?
The current minimum investment is generally $1,050,000, or $800,000 for a qualifying investment in a targeted employment area or infrastructure project.
Does EB-5 require 10 jobs?
Generally, yes. A qualifying EB-5 investment must create at least 10 qualifying full-time U.S. jobs. The rules for demonstrating those jobs differ between standalone and Regional Center investments.
Can gifted money be used for EB-5?
Potentially. The investor must establish the lawful source and path of the gifted funds, including appropriate documentation concerning the donor and the transfer.
Can proceeds from selling real estate be used for EB-5?
Potentially. The evidence should document the investor's ownership of the property, acquisition history where relevant, sale transaction, receipt of the proceeds, and subsequent movement of the funds into the EB-5 investment.
Can borrowed funds be used for EB-5?
Potentially, depending on the structure and circumstances. The loan, source of the loan proceeds, security, repayment obligations, and applicable EB-5 requirements should be reviewed carefully.
Do I have to manage the EB-5 business myself?
Not necessarily in the manner required of an E-2 treaty investor. The applicable EB-5 requirements concerning engagement in the new commercial enterprise depend on the investment structure.
Does an EB-5 investment guarantee a green card?
No. Investment of the required capital does not guarantee approval. The investor and investment must satisfy all applicable immigration requirements.
Is my EB-5 investment guaranteed to be returned?
No. EB-5 capital must satisfy the applicable at-risk requirements. Immigration counsel cannot guarantee investment performance or return of capital.
Can my spouse and children obtain green cards through EB-5?
A qualifying spouse and unmarried children under 21 may generally obtain derivative permanent residence through the principal investor, subject to applicable requirements, visa availability, and age-related considerations.
Can I file an I-485 while my I-526 or I-526E is pending?
Potentially, if an immigrant visa is available and the investor is otherwise eligible to adjust status. The individual's status and immigration history should be reviewed before filing.
Is a Regional Center EB-5 investment safer than a direct EB-5 investment?
Not necessarily. The two structures have different immigration and business characteristics. Regional Center designation or participation should not be interpreted as a government guarantee of the investment's financial safety.
Should I pursue E-2 or EB-5?
That depends on nationality, available capital, source of funds, business objectives, visa availability, family considerations, timing, and whether the principal objective is temporary investor status or permanent residence.
Strategic EB-5 Immigration Representation
EB-5 sits at the intersection of immigration law, substantial financial documentation, investment structure, source-of-funds analysis, job creation, visa availability, and permanent residence planning.
Fariba Faiz works directly with foreign investors to evaluate EB-5 eligibility, develop source and path of funds documentation, review immigration aspects of direct and Regional Center investments, prepare investor petitions, evaluate adjustment of status or consular processing strategy, and plan for the eventual removal of conditions.
For investors comparing EB-5 and E-2, or considering an EB-5 investment before substantial capital is committed, early immigration analysis can identify issues involving the source of funds, investment structure, job creation, visa availability, and permanent residence strategy while there may still be an opportunity to address them.
Schedule a confidential consultation with Fariba Faiz.
