EB-5: immigrant investor

Eligibility requirements

• Invest the required amount of lawfully obtained capital in a qualifying new commercial enterprise. The reduced amount requires the statutory targeted-employment-area or infrastructure conditions; a project’s marketing label is insufficient.
• Place the capital at commercial risk for the required period, with a genuine chance of loss and opportunity for gain. Guaranteed redemption arrangements can undermine immigration eligibility.
• Show the lawful source and complete transfer path of the funds, including relevant business, tax, gift, inheritance or borrowing documents and the identity of intermediaries.
• Demonstrate creation of at least ten full-time positions for qualifying U.S. workers. Direct investments and regional-centre investments use different permitted evidence and job-counting methods.
• Use the correct filing framework: Form I-526 for a standalone investor or I-526E for a regional-centre investor, with the required project filing in place. Regional-centre designation is not a government assurance of investment quality.
• Meet admissibility requirements and obtain an available immigrant-visa number. Reserved allocations and country chargeability can change the waiting position; no category should be described as permanently current.

Legal framework

Build the evidence

Prepare records that substantiate the relevant criteria. The final checklist depends on the applicant, route and filing authority.

• A documented source-and-path-of-funds chronology linking personal wealth records to each transfer and investment payment.
• Enterprise and subscription documents, project business plan, use-of-proceeds schedule and evidence supporting any reduced-threshold designation.
• Job-creation model and supporting construction, expenditure or payroll records appropriate to the chosen structure.
• Regional-centre and project filing evidence where applicable, plus the contractual terms governing deployment, management, repayment and risk.
• Civil documents and immigration history for the investor and accompanying spouse or eligible unmarried children under 21, with an individual child-age analysis.

How to apply

1. 01

   Compare structure and family objectives

   Decide whether the investor will operate a direct business or participate through a regional centre. Assess capital availability, family timing and country chargeability before selecting a project.

2. 02

   Undertake independent diligence

   Immigration counsel assesses eligibility and job creation. Appropriate investment professionals separately assess counterparties, capital stack, security, fees, conflicts and exit assumptions.

3. 03

   Invest and file the investor petition

   Prepare the lawful-funds record and submit the applicable I-526 or I-526E with the required evidence and current fee. Obtain advice on investment timing and the applicable sustainment rules.

4. 04

   Apply for conditional residence

   When permitted by visa availability, complete consular immigrant-visa processing or an eligible Form I-485 adjustment application. Concurrent filing is possible only when the legal conditions are met.

5. 05

   Remove conditions

   Prepare Form I-829 during the 90-day period immediately before the second anniversary of conditional residence, with the applicable investment and job evidence. Continue monitoring the case and any project changes.

After approval & family planning

• The investor, eligible spouse and children may receive conditional permanent residence. Removal of conditions is a further adjudication, not an automatic administrative step.
• Maintain U.S. permanent-resident obligations and obtain tax advice before relocation. Immigration residence, tax residence and the project’s commercial repayment schedule are different issues.
• For post-2022 filings, investment-sustainment interpretation and project deployment timing require individual review. Do not assume that two years after signing a subscription agreement the money can safely be withdrawn.

Frequently asked questions

Points to consider

• The special statutory protection for certain regional-centre petitions filed by 30 September 2026 is date-specific; a new filing after that date must not be marketed as protected by that provision.
• Visa availability, country-specific entry restrictions and consular-processing rules must be checked separately. No fixed completion date or return of capital is promised.