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HomeImmigration TipsEB-5 Investor Visa (USA) — Invest, Create Jobs, Get a Green Card

EB-5 Investor Visa (USA) — Invest, Create Jobs, Get a Green Card

By Immigration Tips, USA 0 Comments

The EB-5 investor visa lets you obtain a U.S. green card by making a qualifying investment that creates jobs. This guide is a step-by-step, decision-ready playbook: investment types, minimum amounts, job-creation rules, source-of-funds evidence, timelines, costs, risk controls, and the exact filings to move from strategy to approval.

Choose Your Investment Route (Pick One That Fits Your Timeline, Risk, and Control)

Direct EB-5 (You Control the Business)

  • Use case: You want operational control, transparent cash flows, and job creation from your own payroll.

  • Qualifying jobs: W-2, full-time (35+ hrs/week) employees; indirect jobs do not count.

  • Sectors: Franchises, manufacturing, logistics, healthcare services, hospitality, tech, professional services.

  • Pros: Maximum control, clearer job tracking, potential operating returns.

  • Watch-outs: Higher personal execution risk, hiring 10+ workers on schedule, detailed payroll evidence needed.

Regional Center EB-5 (You Invest; a Project Operator Executes)

  • Use case: You prefer a passive role with pooled funds in large developments.

  • Job model: May include indirect/induced jobs measured via econometric models (subject to program rules).

  • Sectors: Real estate development, infrastructure-adjacent projects, specialty manufacturing, hospitality.

  • Pros: Turnkey documentation, seasoned developers, job creation modeled at scale, access to set-aside categories.

  • Watch-outs: You must keep capital “at risk,” rely on third-party execution, review escrow, repayment, and redeployment terms carefully.

Action: Decide whether you want control (Direct) or turnkey execution (Regional Center). If you need the best visa availability and potential priority, compare rural and high-unemployment set-asides immediately.

Investment Thresholds, Job Rules, and TEA/Set-Aside Basics

Minimum Investment Amounts

Location / Category Required Capital*
TEA (Rural or High-Unemployment) $800,000
Infrastructure (qualifying) $800,000
All other areas $1,050,000

*Statutory thresholds; projects may set higher minimums. Label any increases by the sponsor as “admin” or “project minimum.”

Job-Creation Requirement (Core Rule)

  • 10+ full-time U.S. jobs (per EB-5 investor) must be created or preserved within the qualifying period.

  • Direct EB-5: Only direct payroll jobs count.

  • Regional Center: May count direct and indirect/induced jobs supported by spending and construction (per approved methodologies).

  • Qualifying workers: U.S. citizens, permanent residents, and certain other authorized workers (not the investor or family).

TEA & Set-Asides (Why They Matter)

  • Rural TEA: Often the fastest-moving reserved category; powerful for applicants from backlogged countries.

  • High-Unemployment TEA: Offers the $800k threshold; visa reserve can help queue position.

  • Infrastructure set-aside: For projects tied to government entities; also at $800k.

  • Evidence: TEA designation requires robust data; request the project’s latest TEA letter and underlying methodology.

Action: If you’re timing-sensitive, prioritize rural set-aside projects and confirm the project’s current TEA status and reserve usage.

Source-of-Funds (SoF): Prove Lawful Capital, End-to-End

USCIS requires a clear, lawful trace from original source to EB-5 escrow/project.

Common Lawful Sources

  • Salary and bonuses: multi-year payslips, employer letters, tax returns.

  • Business profits/dividends: corporate financials, shareholder registers, tax filings, distributions.

  • Property sale: purchase deed/history, improvements, sale contract, bank receipts.

  • Gifts: donor’s lawful source + transfer records; notarized gift deed.

  • Loans: secured by the investor’s personal assets (document lien/valuation); show disbursement trail.

Tracing Checklist (What Adjudicators Expect)

  • Bank statements that match every hop of the funds path.

  • Currency exchange slips/wire receipts that reconcile to USD amounts invested.

  • Tax returns and financial statements aligned with the declared source.

  • If funds passed through multiple jurisdictions, show KYC/AML compliant banking records at each step.

Action: Build a binder: SoF narrative, exhibits (bank/FX/tax/deeds), and a transaction map. The tighter the SoF, the cleaner your adjudication.

Timeline: From Investment to Green Card (Decision-Ready Plan)

Step-by-Step

  1. Strategy & Diligence (2–6 weeks): Choose direct vs regional center; compare terms, TEA category, set-aside availability, capital stack, exit plan.

  2. Engage Professionals (1–2 weeks): Immigration counsel, independent project due diligence, SoF preparer/CPA.

  3. Escrow & Filing (1–3 weeks): Transfer $800k/$1.05m plus project admin (if any); file I-526 (Direct) or I-526E (Regional Center) with full SoF and project documentation.

  4. Concurrent Filing (if in U.S. & visa current): I-485 + EAD/AP for work/travel while petition is pending.

  5. Petition Processing: Time varies by category; rural and other reserved visas can move faster where current.

  6. Consular Processing or AOS: Immigrant visa issuance abroad or adjustment in the U.S.

  7. Conditional Residence (≈ 2 years): Live and work anywhere in the U.S.; ensure jobs materialize as planned.

  8. I-829 (Remove Conditions): Prove investment sustained and 10+ jobs created; receive unconditional green card.

Note: Processing windows fluctuate. Use set-asides strategically to mitigate backlog risk.

Costs and Typical Fee Stack (Plan Budget Upfront)

Investor Outlays (Illustrative)

  • Capital contribution: $800,000 (TEA/infrastructure) or $1,050,000 (standard).

  • Project admin fee (regional center): often $50,000–$80,000 (varies; negotiate and verify what it covers).

  • Filing fees: USCIS petitions and biometrics (check the current schedule and account for periodic updates).

  • Legal fees: Immigration counsel, source-of-funds prep, and independent due diligence.

  • Miscellaneous: Wire/FX costs, translations, certified valuations, travel for consular interview (if applicable).

Action: Request a single-page cost summary from the project and counsel, with every fee line itemized and timing noted.

Project Due Diligence (Reduce Execution and Repayment Risk)

What to Verify Before You Wire

  • Sponsor track record: prior EB-5 completions, I-829 approvals, on-time repayments.

  • Capital stack: senior loan terms, equity cushion, EB-5 tranche priority, intercreditor rights.

  • Use of proceeds: precise budget, contingency, construction schedule, permits.

  • Job cushion: jobs modeled per investor vs. required (seek 20–30%+ buffer).

  • Escrow & release: conditions to release your funds; protections if filing is rejected or materially delayed.

  • Exit strategy: source of repayment (refinance, sale, operating cash) and maturity alignment with your sustainment period.

  • Disclosure: audited financials when available, offering docs, risk factors, related-party arrangements.

Action: Commission an independent report (not only the sponsor’s PPM) and speak to prior investors where possible.

Reserved Visas (Set-Asides): Fast-Track Leverage

  • Rural (20%): Historically the strongest queue position; many projects structure around these advantages.

  • High-Unemployment (10%): Attractive where supply is limited.

  • Infrastructure (2%): Government-linked projects with distinct risk profiles.

Action: Ask for the project’s latest visa inventory and how many investors are already allocated to the reserved pool.

Filing Mechanics: What Goes In Your EB-5 Packet

Core Contents

  • Forms: I-526 (Direct) or I-526E (Regional Center); G-forms per counsel guidance.

  • Investment proof: escrow confirmation, subscription/LLC docs, capital-at-risk evidence.

  • SoF dossier: narrative + exhibits tracing lawful origin and path.

  • Project binders (RC): business plan, economic report, TEA evidence, job methodology, compliance.

  • Direct EB-5 plan: Matter-compliant business plan, org chart, hiring plan, payroll projections, lease/purchase agreements, licenses.

Action: Submit decision-ready: clean indexing, translations, certified documents, and reconciled totals across the file.

Living Timeline Scenarios (Pick the One That Matches You)

Overseas Applicant, Visa-Light Country

  • Target rural set-aside.

  • File I-526E with bulletproof SoF.

  • Expect NVC case creation before high-demand categories; proceed to consular interview.

In the U.S. on Valid Status (e.g., F-1/H-1B)

  • If a visa number is available, file I-485 together with I-526/I-526E.

  • Receive EAD/AP while the petition processes; maintain status until green card approval.

Backlogged Country National

  • Prioritize reserved visas (especially rural).

  • Confirm current cut-off dates; select projects with clear reserved capacity and job buffers.

Risk Controls (Protect Capital and Immigration Outcome)

  • Avoid thin job cushions: require surplus modeled jobs per investor.

  • Escrow protections: release only on verifiable filing/approval milestones.

  • No guaranteed returns: EB-5 capital must be “at risk.” Be wary of any promise that contradicts this.

  • Redeployment terms: if early repayment occurs before your sustainment period ends, understand where/how funds are redeployed.

  • Compliance hygiene: keep personal copies of the full file, wire slips, and all receipts; update your address promptly.

Action: Build a two-page Risk & Mitigation memo and have counsel sign off before funding.

Decision Checklist (Confirm These Before You Fund)

  • I chose Direct (control) or Regional Center (turnkey + indirect jobs).

  • My category aims for $800k TEA/infrastructure or I accept $1.05m.

  • The project has TEA proof and visa reserve availability (if needed).

  • Job creation buffer per investor is ≥ 20–30%.

  • Escrow release conditions and refund scenarios are defined in writing.

  • My source-of-funds packet cleanly traces every dollar.

  • I understand fees, sustainment, redeployment, and exit.

  • Counsel has reviewed the offering, organizational, and loan documents.

Clear Next Steps

  • Map your route (Direct vs Regional) and pick a TEA/priority category that fits your timeline.

  • Assemble a decision-ready SoF binder (narrative, tax, bank, FX, deeds, loans).

  • Shortlist 2–3 projects with strong job buffers, transparent capital stacks, and verifiable track records.

  • Lock escrow terms and file I-526/I-526E; if eligible, file I-485 concurrently for work/travel benefits.

  • Track milestones (petition, visa, I-829) and keep a compliance calendar for renewals and notices.

FAQs — EB-5 Investor Visa (Practical, Conversion-Focused)

What’s the minimum investment today?
$800,000 in qualifying TEA/infrastructure projects; $1,050,000 in non-TEA areas. Some sponsors set higher project minimums.

How many jobs must my investment create?
At least 10 full-time qualifying U.S. jobs. Direct: payroll jobs only. Regional centers may count indirect/induced jobs per approved models.

How fast can I get a green card?
Timelines vary by category and country of chargeability. Reserved (rural) visas can move faster; concurrent filing can provide work/travel authorization while your case is pending if you’re lawfully in the U.S. and a visa is available.

Can my spouse and children qualify with me?
Yes. Your spouse and unmarried children under 21 can be included as derivatives.

Do I get my money back?
Principal must be “at risk” and is not guaranteed. Review the project’s exit strategy, collateral (if any), and market assumptions.

What is the sustainment period?
You must keep your EB-5 capital invested and at risk for the required sustainment period tied to your conditional residence; confirm the current interpretation and how the project aligns with it.

What if the project finishes early or repays before my sustainment ends?
Funds may need redeployment under the terms of the offering. Understand the redeployment policy—asset type, geography, duration—before you fund.

Can I own and run my own business for EB-5?
Yes—Direct EB-5. You will need to hire and maintain 10+ full-time qualifying employees and document job creation precisely.

Do I need perfect English or a degree?
No language or education minimums apply. The focus is lawful capital, job creation, and program compliance.

Is legal advice required?
EB-5 is complex. Experienced immigration and investment counsel is strongly recommended to structure SoF, review offering documents, and manage filings.

Final Note

EB-5 can align capital, immigration, and family mobility in one plan. Choose the right category, validate job buffers, control escrow and redeployment terms, and file a decision-ready packet. When executed with discipline, the path from funding to unconditional residence becomes a project plan—not a guessing game.

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