The EB-5 Investor Visa: What You Need to Know

By: Jarbath Pena Law Group

For foreign investors seeking a way to live and work in the United States, the EB-5 investor visa offers a unique pathway. Unlike other immigration options that rely on employment or family sponsorship, this program allows individuals to gain lawful permanent residence through capital investment and job creation. The EB-5 investor visa benefits both the investor and the U.S. economy, providing an opportunity to build a stable future while supporting economic growth.

What Is the EB-5 Investor Visa?

The EB-5 Immigrant Investor Program was created by Congress in 1990 to encourage foreign investment and stimulate U.S. job creation. Managed by U.S. Citizenship and Immigration Services (USCIS), the program allows eligible investors to obtain a green card — and eventually permanent residency — by contributing capital to a U.S. commercial enterprise that creates jobs for American workers.

In short, the EB-5 investor visa is an exchange: your investment strengthens the U.S. economy, and you, along with your spouse and children under 21, gain the ability to live, work, and study in the United States. This program can be particularly attractive for investors seeking not just residency, but also a way to actively participate in the U.S. economy through entrepreneurship or strategic investment.

Eligibility Requirements

To qualify for an EB-5 investor visa, you must meet certain financial and employment creation criteria. These requirements are in place to ensure that investments have a meaningful economic impact and help American workers. Let’s look at the specific requirements.

Make a Qualifying Investment in a U.S. Commercial Enterprise

This means you must contribute capital to a business that is lawful and for-profit. Qualifying enterprises include corporations, partnerships, limited liability companies, joint ventures, holding companies, or business trusts. Investments must be in new or substantially expanded businesses created after November 29, 1990. The program seeks to ensure that foreign investment supports genuine economic activity rather than passive holdings.

Create or Preserve at Least 10 Full-Time Jobs

The EB-5 program requires evidence that your investment will directly or indirectly generate meaningful employment. Therefore, you must create or preserve a minimum of 10 full-time jobs that are available to qualifying U.S. employees within two years of your investment. These jobs must be full-time positions (at least 35 hours per week) and cannot include independent contractors. Direct jobs are for employees of the business itself, while indirect jobs may qualify if the investment is made through a USCIS-approved regional center.

These requirements may seem rigorous, but they are designed to ensure that each investment contributes to the economic growth and stability of the U.S. workforce. Careful planning, clear documentation, and strategic business structuring are key to meeting these eligibility standards.

Investment Amounts: Standard vs. Targeted Employment Areas

The minimum investment amount depends on the type and location of the commercial enterprise. Before making an investment, it’s crucial to understand which threshold applies to your situation.

• Standard Investment—A minimum of $1,050,000 for investments in commercial enterprises that are not in a Targeted Employment Area (TEA) or qualifying infrastructure project; and

• Targeted Employment Area (TEA)- A minimum of $800,000 for projects located in rural or high-unemployment TEAs, or in certain qualifying infrastructure projects.

TEAs are designated by the Department of Homeland Security to encourage investment in communities where economic stimulation is most needed. A TEA is either a rural area or an area with an unemployment rate of at least 150% of the national average at the time of the investmentBy offering a lower investment threshold in TEAs, the program incentivizes job creation in areas with limited employment opportunities. Under the EB-5 Reform and Integrity Act of 2022, these amounts are scheduled to be indexed to inflation in 2027 and every five years thereafter, so investors must always confirm the current thresholds before committing capital.

Understanding these investment thresholds and selecting the right type of enterprise is critical to building a successful EB-5 application. Investors should carefully review both the location and type of business to maximize eligibility and potential benefits.

Job Creation Requirement

Creating at least 10 full-time jobs is not only a legal requirement for EB-5 eligibility but also the primary way the U.S. measures the economic impact of your investment.

Jobs can be categorized as:

• Direct jobs. These jobs are positions within the enterprise itself. Investors pursuing direct investments must ensure that the 10 positions are created and maintained within the business they control.

• Indirect jobs. Indirect jobs are those that result from economic activity generated by the investment. These are typically recognized when investing through an EB-5 regional center, where pooled funds support large-scale projects such as hotels, housing developments, or infrastructure projects.

Proper documentation of job creation is critical. You must provide payroll records, tax filings, or a detailed business plan outlining how the enterprise will generate employment. For those using a regional center, formal projections and regional employment models may supplement the evidence of indirect job creation.

EB-5 Application Process

The application process for the EB-5 investor visa involves several key steps, each requiring thorough documentation and attention to detail.

1. File the Immigrant Petition by a Standalone Investor. Investors submit this petition along with evidence demonstrating that funds are legally sourced, properly invested, and meet EB-5 criteria. Supporting documentation often includes a comprehensive business plan, financial records, and proof of the investment.

2. Approval and Status Adjustment. After that petition is approved, your next steps depend on your current location, meaning that the petition you file depends on whether you are currently inside or outside of the United States.

3. Conditional Green Card. Once approved, you and your family receive a conditional green card valid for two years. During this period, you must maintain the investment and ensure the creation of 10 full-time jobs.

4. Remove Conditions on Permanent Residency. Within 90 days before your conditional green card expires, file a petition to remove conditions on permanent residency to demonstrate compliance with EB-5 requirements. Approval of this petition will convert your conditional residency into full, permanent U.S. residency.

Careful attention at each stage ensures your petition remains compliant and avoids unnecessary delays.

Processing Times

The EB-5 process timeline can be lengthy, ranging from several years for USCIS to approve your Immigrant Petition by a Standalone Investor, to additional years for them to remove the conditions on your permanent residency. EB-5 processing times vary widely depending on your project type, whether your case is in a reserved category (such as rural or high-unemployment TEAs), and overall USCIS workload. Currently, the wait times look like this:

• Immigrant Petition by a Standalone Investor— Recent reports show a range from under a year for some rural reserved cases to several years for others.

• Petition to Remove Conditions on Permanent Residency—Many investors experience processing times measured in several years, and USCIS regularly updates these estimates.

Due to these long timelines, working with an experienced immigration attorney is essential. Because these timelines change, investors should always check the USCIS Processing Times page and consult with counsel about current trends rather than relying on a fixed month-range. Proper documentation, accurate reporting, and strategic planning can significantly reduce the risk of delays or complications in an already lengthy process.

Regional Center vs. Direct Investment

EB-5 investors can choose between direct investment and investing through a regional center:

• EB-5 Regional Center. These USCIS-approved centers manage large-scale projects, pool investor funds, and allow indirect jobs to count toward the 10-job requirement. Regional center investments often involve less day-to-day management for investors, making it ideal for those seeking a more hands-off approach.

• Direct Investment. Direct investors control and manage their own business, assuming full responsibility for job creation and reporting requirements. While this offers more control, it requires detailed planning and compliance to ensure eligibility.

  
  

Choosing the right investment path depends on your goals, resources, and desired level of involvement in the business.

Industry & Legislative Updates

There has been political chatter in 2025 about replacing the EB-5 program with a high-dollar “gold card,” but as of now the EB-5 program is still in place; no new statute has actually eliminated it. Investors should remain aware of potential legislative developments and consult with an attorney before making long-term decisions.

Why Work with an Immigration Attorney

The EB-5 investor visa process is complex, involving detailed financial, business, and employment documentation. Even minor mistakes can result in costly delays or denials.

An experienced attorney, like Melisa Peña of Jarbath Peña Law Group, can:

• Evaluate your eligibility and investment structure,

• Ensure compliance with EB-5 and USCIS requirements,

• Assist with petition preparation and documentation, and

• Guide you through USCIS and consular processes.

Melisa Peña, a Peruvian-American attorney and founding partner of JP Law Group, has spent her career helping immigrant families navigate the U.S. legal system. Her extensive experience, combined with deep community involvement — including TPS, DACA, and citizenship clinics — ensures clients receive knowledgeable, compassionate guidance.

Start Your Journey Toward Permanent Residency with The Jarbath Peña Law Group

The EB-5 investor visa provides foreign investors a tangible path to living in the United States while contributing to its economy. Whether your goal is entrepreneurship, investment, or building a future for your family, the program offers an opportunity to make a meaningful impact.

At Jarbath Peña Law Group, Melisa Peña and her team provide personalized guidance for every stage of the EB-5 process. Years of experience in immigration law help Melisa and her team provide you with excellent guidance as you navigate these complex procedures.

Call or contact us online today to learn how the EB-5 investor visa can help you achieve your U.S. immigration goals and secure a future for your family.