EB-5 Visa: Complete Guide to US Permanent Residency Through Investment

One of the most structured pathways to obtaining permanent residency in the United States, the EB-5 Green Card program offers foreign investors and their families not just residency, but a long-term future. In effect, since 1990, the program has provided permanent resident status in exchange for capital investment in a qualifying commercial enterprise and job creation. Investors, their spouses, and unmarried children under 21 receive Green Cards through a single application, gaining immediate access to opportunities throughout America.

What is the EB-5 Visa?

The EB-5 visa is an employment-based fifth preference visa category that provides lawful permanent resident status to foreign investors who make a specified capital investment in an approved commercial enterprise in the United States and create at least 10 full-time job positions. The program includes the investor's spouse and unmarried children under 21, making it a comprehensive family visa.

Created by Congress in 1990, the EB-5 Program aims to stimulate the American economy through foreign capital and job creation. Under this program, investors receive lawful permanent residence by committing funds to USCIS-approved projects that meet specific requirements.

Unlike other work visas, the EB-5 visa provides a direct pathway to a Green Card application. Investors first receive a two-year conditional Green Card, then can apply for unconditional permanent residency. Throughout this process, the investment must remain "at risk," and employment requirements must be satisfied.

Advantages of Obtaining a Green Card Through an EB-5 Visa

The opportunities offered by the EB-5 program extend beyond US residency rights, providing a comprehensive set of long-term benefits:

Living and Working Freedom 

The freedom to live, work, and establish businesses across all 50 states is a primary advantage. EB-5 Green Card holders can operate throughout the United States without sponsorship or employer support. This enables building a permanent life without the stress of visa extensions or renewals.

Educational Opportunities

For many families, the United States represents significant educational and career opportunities for their children. It offers world-renowned schools, prestigious universities, and an education system that supports creativity and entrepreneurship. In America, children grow not only academically, but also as confident, independent, and globally minded individuals. 

Applicants and family members can access discounted tuition fees at state universities, scholarships, and student loans. They benefit from in-state tuition rates and domestic student status at public universities. Legal work authorization exists during and after education, meaning you don't need to seek a separate permit to study, work, and build a career in America.

Healthcare System Access

America's strong healthcare infrastructure and insurance systems provide families with long-term peace of mind. Lawful permanent residents may qualify for healthcare programs such as Medicare and Medicaid after meeting eligibility periods.

Clear Path to Citizenship

Lawful permanent residents can typically apply for citizenship after five years. Unlike temporary visas, the EB-5 visa offers a clear path to citizenship. Following American citizenship, EB-5 also provides visa-free travel to 145 countries, including Europe. Holders gain one of the world's most powerful passports, enabling visa-free or visa-on-arrival travel to 145 countries.

Investment Perspective

America's stable economy offers strong legal protections, transparent market structures, and opportunities for foreign-currency-based income. The EB-5 Program offers both a Green Card and long-term investment security in exchange for investments made in approved U.S. projects. Your investment is actively deployed within the U.S. economy rather than remaining purely financial. 

In this respect, EB-5 is not only residency-focused but also a structured investment model. Throughout the investment period, projects continue creating employment in the US, resulting in both Green Card status and potential capital returns. This provides investors not just with residency rights but also with a planned and controlled financial process.

EB-5 Investment Amounts and Regional Requirements

Two distinct investment amounts exist for the EB-5 program, determined by the region where the investment occurs.

The following table illustrates required investment amounts under the EB-5 program and the characteristics of each region type:

• Targeted Employment Areas (TEA): These refer to rural areas, high-unemployment zones, or infrastructure projects designated by the U.S. government as needing economic support. These regions typically show unemployment rates at least 150% above the national average or qualify as rural areas. Investments made within TEA receive encouragement, enabling Green Card applications with lower investment amounts. Rural category projects prove especially attractive to some investors because they qualify for priority processing. The goal is to create new employment opportunities in these regions through investment and to revitalize local economies.
• Non-TEA Regions: These generally encompass major cities such as New York, Los Angeles, and Miami, as well as more economically developed areas. Investments in these regions require higher amounts but offer projects with strong locations, high visibility, and stable business models in return.

Job Creation Requirements

One of the fundamental requirements for EB-5 investors involves job creation. The details of job position creation requirements include:

• Minimum Job Positions: The investment must create or preserve at least 10 full-time job positions
• Qualified Workers: These positions must serve US citizens, permanent residents, or other authorized workers
• Investor's Family Excluded: The investor, spouse, and children fall outside these 10 positions
• Full-Time Requirement: Each position must involve at least 30 hours of work per week

For Direct Investments: The new commercial enterprise itself or its subsidiaries must serve as direct employers. In this case, all 10 full-time positions must be created within the company structure.

For Regional Center Projects: The employment creation requirement for new commercial ventures within the regional center can be met through both direct and indirect (economically induced) job positions. Indirect jobs are positions that arise outside the new commercial venture but are recognized as a result of the investment's economic impact and calculated using accepted economic models. This structure allows the job creation requirement in regional center projects to be met in a more flexible and predictable manner.

EB-5 Application Process and Required Documents

The EB-5 visa application process consists of several stages, each requiring specific documentation. The fundamental steps of the application process and key considerations for each stage include:

• Project Selection and Investment: Invest $800,000 or $1,050,000 USD in a USCIS-approved project
• Form I-526/I-526E Application: Complete I-526E for Regional Center or I-526 for direct investment
• USCIS Review: For most new EB-5 investors choosing a Regional Center project, the current average I-526E processing time is 13.5 months
• Visa Availability: After petition approval, processing continues when visa numbers become available
• Conditional Green Card: Receive a two-year conditional Green Card with investment remaining at risk
• Form I-829 Application: File a petition to remove conditions at the end of two years
• Permanent Green Card: Receive a 10-year permanent Green Card following I-829 approval

Required Documents for Form I-526/I-526E:

• Documentation showing investment source (bank statements, tax returns, business records)
• Evidence proving the investment amount was obtained through legitimate means
• Documents showing capital transfer to the project
• Documentation confirming USCIS approval of the selected project
• Property sale documents or company valuation reports (depending on source type)

Following Form I-526 approval, there are two paths depending on the investor's location. Investors residing in America apply through Form I-485 (Application to Register Permanent Residence or Adjust Status). Investors outside America proceed through consular processing with Form DS-260 (Immigrant Visa Application).

Pathway to US Citizenship

For EB-5 investors, this five-year period begins from the date their conditional Green Card is issued, meaning that the time they spend as a conditional resident counts toward the five-year requirement. This represents a significant advantage because your conditional Green Card period counts toward the five years needed for citizenship.

Citizenship Application Requirements

The fundamental conditions that must be met to apply for American citizenship include:

• Residence Period: Continuous residence in America for the past five years
• Physical Presence: Physical presence in America for at least 30 months (2.5 years) within the five-year period
• Moral Character: Demonstrating good moral character and maintaining a clean criminal record
• Language Proficiency: Basic English language knowledge and passing the civics test
• Constitutional Attachment: Showing attachment to the principles of the US Constitution

You may file your citizenship application 90 days before completing the continuous residence requirement. This practically allows filing after 4 years and 9 months.

After N-400 approval, you receive an invitation to the citizenship oath ceremony. At this ceremony, you officially become an American citizen by taking the Oath of Allegiance to the United States. Citizenship provides additional advantages, including voting rights, federal employment opportunities, and the ability to sponsor relatives for immigration.

Strategic Approach to EB-5 Application

Professional guidance proves critically important for EB-5 process success, with the right approach saving both time and resources:

• Project Selection: Selecting projects aligned with goals and budget represents a crucial step. The advantages and disadvantages of TEA and non-TEA projects should be evaluated, and the most suitable option selected based on the investor's risk profile and expectations. The balance between the priority-processing advantages of rural projects and the prestige of city locations should be considered.
• Source Documentation: Comprehensive documentation becomes necessary to prove that the investment amount originated from legal sources. Tax returns, business records, property sale documents, and bank transactions must be presented in detail. Professional support is recommended, as this stage is among the most complex.
• Form Preparation: USCIS requirements are constantly updated and should be monitored by an experienced team. Professional management of form preparation and follow-up processes minimizes the risk of rejection.
• Privacy and Security: Confidentiality of financial and personal data must be protected in accordance with international standards. Experienced advisory firms maintain client information with the highest-level security protocols.

How Avertiss Assists in the EB-5 Green Card Process?

Avertiss provides comprehensive support to investors throughout the EB-5 process, simplifying the application journey. We develop personalized EB-5 strategies tailored to your goals and budget, guiding you toward the most suitable project.

From investment and documentation to application and follow-up processes, we provide full-scope, end-to-end support, standing by you through complex documentation and form preparation.

Your financial and personal data remain protected in accordance with international confidentiality standards. With an EB-5 application, you, your spouse, and your unmarried children under 21 all obtain Green Cards through a single application, enabling you to enjoy education, healthcare, employment, and other rights together in the United States.

For detailed information about the EB-5 program and personalized consultation, contact Avertiss.

EB-5 Green Card: Frequently Asked Questions

How many people can obtain a Green Card with an EB-5 visa?

The applicant, spouse, and unmarried children under 21 can obtain Green Cards with a single application. All family members enjoy the same rights and possess the right to live together in America.

Is investment return guaranteed?

Since EB-5 investment represents capital "at risk," no 100% guarantee exists. However, USCIS-approved projects target capital return within an average of 4-5 years. Project selection and due diligence hold critical importance in this regard. Working with experienced advisors assists in risk assessment.

What happens if the EB-5 application is denied?

In the event of denial, the rejection reasons are reviewed, and an appeal process can be initiated if necessary. Working with an experienced immigration attorney minimizes this risk. In some cases, reapplication becomes possible after completing missing documents. The majority of applications face denial due to insufficient or inadequate source documentation.

Which is more advantageous: TEA or non-TEA projects?

TEA projects offer advantages, including lower investment amounts, priority processing times, and access to reserved visa quotas. Non-TEA projects typically feature more prestigious locations and stronger business models. Selection should align with investor priorities, budget, and timeframe.

Is residing in America mandatory during the EB-5 process?

There is no requirement to reside in America during the application process. However, after receiving the conditional Green Card, physical presence requirements in America apply to maintain permanent resident status. For citizenship, residing in America for at least 30 months within 5 years and not remaining outside for more than 180 days at a time is required.

Which nationalities are eligible for the EB-5 program?

The EB-5 program remains open to nationals of nearly all countries. However, visa quotas are set annually for specific countries, and waiting times may extend when certain countries experience high demand. Turkish nationals typically experience no significant waiting periods.

What is the difference between a conditional and permanent Green Card?

A conditional Green Card represents a two-year residency permit subject to maintaining the investment. At the end of two years, you file Form I-829 to request removal of conditions. Following approval, your permanent Green Card remains valid for 10 years and can be renewed indefinitely.