How to Get EB-5 Funding for a Green Card

The EB-5 Immigrant Investor Program offers a pathway to permanent residency in the United States for qualifying foreign investors and their immediate family members. This program aims to stimulate the U.S. economy by encouraging capital investment and job creation. Investors contribute capital to new commercial enterprises, which in turn generate employment for U.S. workers. The EB-5 program is administered by U.S. Citizenship and Immigration Services (USCIS) and provides a structured process for investors to obtain lawful permanent resident status. This immigration avenue is an employment-based fifth preference visa, designed to attract foreign capital and promote economic growth across the country.

Eligibility and Investment Pathways

Individuals seeking to participate in the EB-5 program must demonstrate that their investment funds were obtained through lawful means. This requirement ensures the integrity of the program. USCIS requires extensive documentation to verify that the capital was obtained legally and not through illicit activities.

The program sets minimum investment amounts based on the location of the new commercial enterprise. For investments in a standard, non-targeted employment area (TEA), the required amount is $1,050,000. For investments within a Targeted Employment Area, the minimum capital contribution is reduced to $800,000. TEAs are designated geographic areas that are either rural or experience high unemployment, defined as having an unemployment rate of at least 150% of the national average. A rural area is generally defined as any area not within a metropolitan statistical area or outside the boundary of any city or town with a population of 20,000 or more. These lower investment thresholds are intended to direct capital toward areas most in need of economic development and job creation.

Investors can choose between two primary investment pathways: direct investment or regional center investment. A direct investment involves the investor placing capital directly into a new commercial enterprise that they manage or actively participate in. This pathway requires the creation of at least 10 full-time, permanent jobs for qualified U.S. workers directly within the new commercial enterprise. These jobs must be held by U.S. citizens, lawful permanent residents, or other authorized immigrants, and cannot be filled by the investor or their immediate family members. Each full-time position must require at least 35 hours per week.

The regional center investment pathway is a common choice for many investors, accounting for a significant majority of all EB-5 investments. Regional centers are entities designated by USCIS that facilitate EB-5 investments by pooling funds from multiple investors into large-scale economic development projects. This pathway allows for a more passive investment role, as regional centers typically handle operations and job creation. Regional center projects can count direct, indirect, and induced jobs created through economic methodologies.

Assembling Your Initial Petition

Preparing the initial EB-5 petition, Form I-526E or Form I-526, involves compiling comprehensive information and supporting evidence. This stage requires gathering documents that establish personal eligibility, substantiate the investment, and prove its lawful origin. The petition must clearly demonstrate adherence to all program requirements.

Essential personal documents include copies of passports for the investor and all dependent family members, birth certificates, marriage certificates, and records of previous visa history. These verify identity and familial relationships for inclusion of spouses and unmarried children under 21. Ensuring all personal information is consistent across documents is important for a smooth review process.

Detailed evidence of the investment itself forms a substantial part of the petition. This includes escrow agreements, wire transfer confirmations, bank statements showing fund movement, and legal documents for the new commercial enterprise. For direct investments, this might involve articles of incorporation or partnership agreements. Regional center investments require subscription agreements and offering memoranda. These documents collectively prove that the required capital has been committed to the qualifying enterprise.

The most scrutinized aspect of the petition is the documentation of the lawful source of funds. USCIS requires a comprehensive and verifiable paper trail for every dollar invested. Acceptable sources include income from salary or wages, business profits, proceeds from property sales, gifts, or loans.

Documenting Lawful Source of Funds

Salaried Income: Provide multiple years of personal income tax returns, employment verification letters, pay stubs, and bank statements showing consistent deposits.
Business Profits: Submit audited financial statements for the business, corporate tax returns, and business registration records.
Property Sales: Include the purchase agreement, deed, sale agreement, and bank statements confirming the transfer of proceeds. It is also important to show how the property itself was lawfully acquired.
Gifts: A gift deed or affidavit from the donor is needed, along with documentation proving the donor’s lawful source of funds, such as their tax returns or business records.
Loans: Provide the loan agreement, collateral documents if applicable, and evidence of the lender’s lawful source of funds.

For direct investments, a comprehensive business plan is mandatory. This plan details the business nature, market analysis, financial projections, and how it will create at least 10 full-time jobs. It must include projected staffing needs, job descriptions, and a hiring schedule to demonstrate job creation within the required timeframe, typically two years. For regional center investments, comprehensive project documents, including economic impact reports and job creation methodologies, are provided by the regional center. Evidence of due diligence performed on the investment project or regional center, such as third-party reviews or financial audits, further strengthens the petition.

The official Form I-526E or I-526 can be obtained from the USCIS website. Accurately filling in the informational fields of the form requires careful attention and consistency with supporting evidence. Engaging experienced legal counsel, such as immigration attorneys, is highly recommended. These professionals can provide guidance on document preparation and ensure compliance. Economists or business plan writers may also be instrumental in developing robust job creation methodologies and business plans.

The Conditional Residency and Final Approval Process

The completed Form I-526E or I-526, with all supporting documentation and the applicable filing fee, is submitted to USCIS. It is important to ensure that all required fees are submitted separately for each form if filing concurrently with other applications. Upon submission, USCIS issues a receipt notice. Processing times for I-526E/I-526 petitions vary significantly, ranging from several months to a few years.

During this phase, USCIS may issue Requests for Evidence (RFEs) if additional information or clarification is needed. Responding to RFEs promptly and comprehensively is important to avoid delays or potential denial. Applicants may also be required to attend a biometrics appointment to provide fingerprints and photographs. Once the I-526E/I-526 petition is approved, the investor applies for conditional permanent residency through one of two pathways: consular processing or adjustment of status.

Consular Processing

Consular processing is for applicants residing outside the U.S. It involves interaction with the National Visa Center (NVC) and a U.S. embassy or consulate abroad. The NVC processes the approved petition and instructs the applicant to submit required forms, including the DS-260, Immigrant Visa Application. After submitting the DS-260 and supporting civil documents, and paying fees, applicants attend a visa interview at a U.S. consulate or embassy. A medical examination is also a required part of this process. If successful, an immigrant visa is issued, allowing entry to the U.S. as conditional permanent residents.

Adjustment of Status

Adjustment of status (Form I-485) is for applicants already lawfully present in the U.S. This pathway allows them to change their immigration status to conditional permanent resident without leaving the country. Eligible applicants may even be able to file Form I-485 concurrently with their Form I-526E/I-526 petition, which can expedite the process and allow for earlier access to employment authorization and travel documents while the petition is pending. The I-485 process typically involves filing the application, attending a biometrics appointment, and potentially an interview at a USCIS office. Upon approval, the investor and their family are granted conditional permanent residency.

The initial green card obtained through the EB-5 program is conditional, valid for two years. To remove these conditions and obtain unconditional permanent residency, investors must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This petition must be filed within the 90-day window immediately preceding the two-year conditional residency expiration date. The I-829 demonstrates that the investment was sustained and the required jobs were created or maintained.

Supporting evidence for the I-829 petition includes updated business financial records, such as audited financial statements, federal and state tax returns for the new commercial enterprise, and bank statements. To prove job creation, documentation like payroll records, W-2 forms, I-9 forms, and personnel files for U.S. workers are submitted. If the investment was made in a troubled business, evidence must show that the pre-investment level of employees was maintained. After filing the I-829, applicants may again be required to attend a biometrics appointment and potentially an interview. Upon approval of the I-829 petition, the investor and their family are granted unconditional permanent residency.