The EB-5 Immigrant Investor Program offers a US green card to investors who put the required capital into a new commercial enterprise that creates jobs. The core EB-5 requirements are a qualifying investment of $1,050,000, or $800,000 in a targeted employment area, the creation of at least ten full-time US jobs, capital that is genuinely at risk and from a lawful source, and a credible plan showing how it all happens. This guide breaks down each requirement under the rules set by the 2022 Reform and Integrity Act.
This is general information, not legal advice, and approval is decided by USCIS. Work with a qualified EB-5 immigration attorney on your petition.
The EB-5 investment amount
Since the EB-5 Reform and Integrity Act of 2022, the standard minimum investment is $1,050,000. It drops to $800,000 if you invest in a targeted employment area (TEA), meaning a rural area or one with high unemployment, or in an infrastructure project. These amounts are indexed and adjust over time. The reduced-amount set-aside categories also reserve a share of annual visas: 20% for rural, 10% for high-unemployment, and 2% for infrastructure projects.
The job-creation requirement
Each investment must create at least ten full-time jobs for qualifying US workers, where full-time means 35 or more hours per week. Direct investors must create direct W-2 jobs in the enterprise. Investors through a regional centermay also count indirect and induced jobs estimated by an accepted economic methodology, which is why regional centers are popular for projects that create jobs more diffusely. The jobs generally must be created within about two years of the investor's admission or conditional residence.
At-risk capital and lawful source of funds
- At risk. The capital must be fully committed and subject to loss, not a loan back to the investor or a guaranteed return.
- Lawful source. You must document, in detail, that the funds came from a lawful source, salary, business income, sale of property, gift, or inheritance, with a complete paper trail. Source-of-funds problems are among the most common reasons for a request for evidence.
Direct investment vs a regional center
A direct EB-5 means you invest in and actively manage your own new commercial enterprise, counting only direct jobs. A regional center investment pools capital into a larger, USCIS-designated project, allows indirect job counting, and is more passive. The route changes which forms you file and how much the business plan carries the case.
The EB-5 business plan and Matter of Ho
For a direct EB-5, the business plan is the heart of the petition. It must meet the Matter of Ho standard, the 1998 precedent requiring a plan comprehensive and credible enough to convince USCIS the enterprise will genuinely create the required jobs. A Matter of Ho-compliant plan clearly shows what the business does, where it operates, exactly how the invested capital will be spent, and a hiring timeline reaching at least ten full-time jobs, all backed by credible five-year financials. Regional-center cases pair an economic impact report with a business plan for the underlying project.
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We write comprehensive, credible EB-5 plans with detailed job-creation and use-of-capital analysis and defensible five-year financials, revised to your attorney's strategy.
Request a quoteThe EB-5 process and timeline
Investors file Form I-526E (regional center) or I-526 (direct) to establish eligibility. After approval, you obtain conditional permanent residence through consular processing or adjustment of status. Roughly two years later, you file Form I-829 to remove conditions, proving the investment was sustained and the jobs were created. Timelines vary widely by category and country of birth.
How EB-5 compares to other routes
EB-5 leads directly to a green card but requires the most capital and documentation. If you are comparing investor options, see E-2 visa vs EB-5 visa and the E-2 visa requirements. Our immigration business plan service builds EB-5 plans to the Matter of Ho standard.
