Complete Guide to the EB-5 Investor Visa
A TRW Law Firm Publication
✦ What is the EB-5 Visa?
The EB-5 visa, or Employment-Based Fifth Preference visa, is an investor immigration route to U.S. lawful permanent residence (green card) for eligible foreign nationals who invest capital in the U.S. economy and create jobs for American workers. First introduced in 1990, this program is administered by the U.S. Citizenship and Immigration Services (USCIS) through its Immigrant Investor Program Office (IPO).
Successful EB-5 applicants not only gain a path to permanent residence but also extend the benefit to their spouses and unmarried children under 21.
✦ EB-5 Visa Requirements: Eligibility Criteria
To qualify for an EB-5 visa, an applicant must:
🟩 Invest in a New Commercial Enterprise: The business must be for-profit and established after November 29, 1990. Older businesses must be significantly restructured or expanded by at least 40% in either net worth or number of employees.
🟩 Minimum Capital Investment:
- $1,050,000 in standard areas (post March 15, 2022)
- $800,000 in a Targeted Employment Area (TEA)
🟩 Job Creation: The investment must lead to the creation or preservation of at least 10 full-time jobs for U.S. workers within two years.
🟩 Investor Engagement: The investor must be involved in the day-to-day management or policy formation of the business.
✦ Investment Types Accepted
The capital invested can include:
- Cash
- Equipment
- Inventory
- Tangible property
- Indebted assets secured by the investor
✦ Types of Enterprises
Eligible businesses include:
- Corporations
- Limited partnerships
- Joint ventures
- Sole proprietorships
- Holding companies with wholly-owned subsidiaries
- Public or private businesses
✦ Application Process for EB-5 Visa
1. Form I-526: Immigrant Petition by Standalone Investor
This establishes the investor’s eligibility. The form must demonstrate:
- Lawful source of funds
- Business legitimacy
- Investment in TEA (if applicable)
- Business plan detailing job creation
Processing Time: ~71.1 months (may vary) Filing Fee: $11,160
2. Green Card Application
Depending on your current location:
📅 In the U.S.: File Form I-485 (Adjustment of Status)
- Processing Time: 6–8 months
- Filing Fee: $1,440
📅 Outside the U.S.: File Form DS-260 (Immigrant Visa Application)
- Processing Fee: $325
- Affidavit of Support Fee: $120
3. Conditional Green Card
If approved, the applicant receives a conditional green card valid for 2 years.
4. Form I-829: Removal of Conditions
Must be filed within 90 days of green card expiration.
- Filing Fee: $9,525
- Processing Time: 22–48.5 months
✦ EB-5 Visa Costs Overview
| Stage | Form | Fee |
|---|---|---|
| I-526 Petition | I-526 | $11,160 |
| Adjustment of Status (U.S.) | I-485 | $1,440 |
| Consular Processing (Abroad) | DS-260 + Affidavit | $445 |
| Removal of Conditions | I-829 | $9,525 |
| Total (U.S. applicant) | $21,130 | |
| Total (Non-U.S. applicant) | $22,225 |
✦ Targeted Employment Area (TEA)
TEAs include:
- Rural regions (population < 20,000)
- Areas with unemployment rates at least 150% of national average
Investing in TEAs offers lower capital thresholds.
✦ Direct vs. Regional Center Investment
🟩 Direct Investment:
- Investor has hands-on managerial role
- Must directly create 10 jobs
🟩 Regional Center Investment:
- Investor can be passive
- Allows for indirect job creation
- Common in high-unemployment or rural areas
Administrative fees for Regional Centers range from $50,000 to $70,000.
✦ Benefits of the EB-5 Visa
Permanent residency for the investor and qualifying family members Freedom to live and work anywhere in the U.S. Access to U.S. education and healthcare systems Path to U.S. citizenship after 5 years
✦ FAQs on EB-5 Investor Visa
What is a troubled business? A business that has been operating for at least 2 years and incurred a net loss equal to at least 20% of its net worth in the 12-24 months preceding the I-526 filing.
Can I include my family? Yes. Your spouse and unmarried children under 21 can receive green cards.
What happens if Form I-829 is denied? Your conditional green card expires, and USCIS may issue a Notice to Appear (NTA) for removal proceedings.
How do I add a new derivative on Form I-829? Email USCIS.ImmigrantInvestorProgram@uscis.dhs.gov with the subject "Request to Add Derivative to Form I-829" and attach:
- Copy of receipt notice
- Proof of relationship
- Identification documents
- Biometrics fee ($85)
What if I want to work during the process? Once you receive conditional residence, you may live and work freely in the U.S. No separate work authorization is required.
✦ Final Thoughts
The EB-5 program remains one of the most straightforward paths to permanent residency through investment. However, it requires extensive documentation, strategic planning, and significant financial commitment.
At TRW Law Firm, our experienced immigration team can guide you from your initial investment through to the final green card issuance.
Contact Us Today:
- ✉ info@trfirm.com
- 📞 +8801708000660, +8801847220062, +8801708080817
- 📍 Dhaka Office: House 410, Road 29, Mohakhali DOHS
- 📍 Dubai Office: Rolex Building, L-12 Sheikh Zayed Road
Visit: tahmidurrahman.com for more details.
Let TRW be your trusted legal partner for EB-5 success.
