EB-5 Green Card Explained: What Is It And Who Is Eligible?

The EB-5 Immigrant Investor Program represents one of the most direct paths for foreign nationals to obtain permanent U.S. residency through business investment. Established by Congress in 1990, this program allows qualified investors and their immediate families to receive green cards by making substantial investments in American commercial enterprises that generate employment opportunities for U.S. workers.

What Is EB-5 Green Card?

The EB-5 green card is a permanent resident visa obtained through the Employment-Based Fifth Preference category. Unlike other employment-based immigration programs that require job offers from U.S. employers, the EB-5 program allows investors to create their own pathway to permanent residency. The program operates on the principle that foreign investment capital can stimulate economic growth and job creation in the United States.

Investors can choose between two primary investment routes: direct investment in a new commercial enterprise or investment through a Regional Center. Regional Centers are entities designated by U.S. Citizenship and Immigration Services (USCIS) to promote economic growth in specific geographic areas. These centers often manage pooled investments in larger development projects, making the program more accessible to individual investors.

Who Is Eligible To Apply For EB-5 Green Card?

Eligibility for the EB-5 program extends to foreign nationals from any country, with some exceptions based on current immigration policies. The primary applicant must demonstrate lawful source of investment funds through comprehensive documentation including tax returns, business records, property sales, inheritance documents, or other legitimate financial sources.

Applicants must invest either $1.8 million in a standard commercial enterprise or $900,000 in a Targeted Employment Area (TEA). TEAs include rural areas or regions with unemployment rates significantly above the national average. The reduced investment amount for TEAs aims to direct capital toward economically disadvantaged communities that benefit most from job creation and economic development.

The program includes derivative beneficiaries, meaning the investor’s spouse and unmarried children under 21 years old can also receive green cards. However, age-out protection rules apply, and children approaching 21 should carefully consider timing to avoid losing eligibility.

Job Creation Requirements

The cornerstone of the EB-5 program lies in its job creation mandate. Each investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States as a conditional permanent resident. These positions must be filled by U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States.

Direct investments require the creation of 10 direct jobs within the commercial enterprise. Regional Center investments can count direct, indirect, and induced jobs created through economic modeling. Indirect jobs result from increased demand for goods and services from suppliers and vendors, while induced jobs stem from increased consumer spending by directly and indirectly employed workers.

Job creation calculations must be supported by reasonable economic methodologies and documentation. USCIS scrutinizes these projections during the petition review process and requires evidence of actual job creation when investors apply to remove conditions on their permanent residency.

---

---

Investment amounts and program requirements may change based on federal regulations and policy updates. Independent research and professional consultation are advised before making financial decisions.

The EB-5 process involves multiple stages, beginning with filing Form I-526E (Immigrant Petition by Standalone Investor) or Form I-526 (for Regional Center investments). Upon approval, investors and their families receive conditional permanent residency valid for two years. Before this period expires, they must file Form I-829 to remove conditions and obtain permanent green cards.

Success in the EB-5 program requires careful planning, thorough due diligence, and often professional guidance from immigration attorneys and financial advisors. The program offers a valuable opportunity for qualified investors seeking U.S. permanent residency while contributing to American economic growth and job creation. However, potential applicants should understand the substantial financial commitment, regulatory requirements, and timeline involved in this immigration pathway.