The EB-5 visa is an immigrant category for investors who put capital into a US business that creates jobs. It leads directly to permanent residence. The rules are strict. The structure matters. The paperwork must be precise.
The program is regulated by USCIS and detailed in the USCIS Policy Manual Volume 6 Part G. Every EB-5 case is built around investment, job creation, and proof that the money is lawful and at risk.
Relocode helps investors plan the structure, review projects, prepare documents, and align the case with USCIS standards.
EB-5 has two investment thresholds. The amount depends on where the project is located.
A Targeted Employment Area usually means a rural area or a location with high unemployment. USCIS requires clear evidence that the project location qualifies at the time of filing.
The law does not allow guarantees. The capital must be at risk. This means no guaranteed return and no guaranteed repayment. USCIS looks closely at loan structures, redemption clauses, and exit promises.
Each EB-5 investor must create at least ten full-time jobs for US workers. These jobs must be permanent positions. Independent contractors do not count.
USCIS expects the jobs to be created within a reasonable time. In most cases, this is tied to the period before filing the petition to remove conditions.
EB-5 investors can choose between two structures.
The EB-5 process has three main stages.
Approval at this stage leads to permanent green cards with no conditions.
EB-5 offers a direct path to a green card without sponsorship by an employer. It allows freedom to live and work anywhere in the US. Family members receive permanent residence together with the investor.
The risks are real. Projects can fail. Job creation may fall short. Capital can be lost. USCIS scrutiny is high, and mistakes in documentation can lead to denial.
This is why project selection and legal structure matter more than speed.
USCIS evaluates EB-5 cases under specific legal standards.
Each element must be supported by documents. Gaps in evidence often lead to Requests for Evidence or denials.
How long does EB-5 take?
Timelines vary by country and visa availability. Some investors wait several years. Rural and set-aside categories may move faster.
Can I use borrowed money?
Yes, in some cases. The loan must be secured by personal assets, and the investor must be personally liable.
Can my family work and study?
Yes. A spouse can work. Children can study. All receive permanent residence.
Can I live anywhere in the US?
Yes. Your residence does not need to be near the project.
What if rules change?
Some changes apply only to new filings. Others may affect pending cases. Monitoring policy updates is critical.
Relocode helps investors assess eligibility, review projects, structure a source of funds, prepare petitions, and plan the full green card process. The goal is a clean case that follows the USCIS manual and reduces risk at every stage.
The program is regulated by USCIS and detailed in the USCIS Policy Manual Volume 6 Part G. Every EB-5 case is built around investment, job creation, and proof that the money is lawful and at risk.
Relocode helps investors plan the structure, review projects, prepare documents, and align the case with USCIS standards.
Investment Amounts
EB-5 has two investment thresholds. The amount depends on where the project is located.
- For standard locations, the minimum investment is $1,050,000.
- For projects in a Targeted Employment Area or qualifying infrastructure projects, the minimum is $800,000.
A Targeted Employment Area usually means a rural area or a location with high unemployment. USCIS requires clear evidence that the project location qualifies at the time of filing.
The law does not allow guarantees. The capital must be at risk. This means no guaranteed return and no guaranteed repayment. USCIS looks closely at loan structures, redemption clauses, and exit promises.
Job Creation
Each EB-5 investor must create at least ten full-time jobs for US workers. These jobs must be permanent positions. Independent contractors do not count.
- In direct EB-5 cases, the jobs must be for direct employees of the business.
- In Regional Center cases, the jobs may include indirect and induced jobs if calculated using an accepted economic model.
USCIS expects the jobs to be created within a reasonable time. In most cases, this is tied to the period before filing the petition to remove conditions.
Regional Centers vs Direct Investment
EB-5 investors can choose between two structures.
- Regional Center projects are sponsored by USCIS-designated entities. These projects often involve real estate or large infrastructure developments. Investors are usually passive. Job creation can include indirect jobs.
- Direct EB-5 investment means putting money directly into an operating business. The investor often has a managerial role. All ten jobs must be direct W-2 employees.
Green Card Path
The EB-5 process has three main stages.
- First, the investor files an immigrant petition. This stage focuses on lawful sources of funds, investment structure, business plan, and job creation projections.
- Second, the investor applies for conditional permanent residence. This happens through adjustment of status inside the US or consular processing abroad. The result is a two-year conditional green card for the investor and eligible family members.
- Third, the investor files a petition to remove conditions. USCIS reviews whether the investment was sustained and whether the jobs were created or will be created within a reasonable period.
Approval at this stage leads to permanent green cards with no conditions.
Risks and Benefits
EB-5 offers a direct path to a green card without sponsorship by an employer. It allows freedom to live and work anywhere in the US. Family members receive permanent residence together with the investor.
The risks are real. Projects can fail. Job creation may fall short. Capital can be lost. USCIS scrutiny is high, and mistakes in documentation can lead to denial.
This is why project selection and legal structure matter more than speed.
USCIS Criteria That Matter
USCIS evaluates EB-5 cases under specific legal standards.
- The investor must invest in a new commercial enterprise.
- The capital must be lawfully obtained.
- The investment must be at risk.
- The required amount must be fully invested or committed.
- The business must create the required jobs.
- The investment must be sustained during the conditional residence period.
Each element must be supported by documents. Gaps in evidence often lead to Requests for Evidence or denials.
FAQs
How long does EB-5 take?
Timelines vary by country and visa availability. Some investors wait several years. Rural and set-aside categories may move faster.
Can I use borrowed money?
Yes, in some cases. The loan must be secured by personal assets, and the investor must be personally liable.
Can my family work and study?
Yes. A spouse can work. Children can study. All receive permanent residence.
Can I live anywhere in the US?
Yes. Your residence does not need to be near the project.
What if rules change?
Some changes apply only to new filings. Others may affect pending cases. Monitoring policy updates is critical.
How Relocode Helps
Relocode helps investors assess eligibility, review projects, structure a source of funds, prepare petitions, and plan the full green card process. The goal is a clean case that follows the USCIS manual and reduces risk at every stage.