Essential guide
How the EB-5 program works
A clear overview of investment amounts, program requirements, reserved categories, and the principal stages of investment immigration.
In brief
At-risk capital. Ten jobs. Immigration eligibility.
Created by Congress in 1990, EB-5 is designed to stimulate the U.S. economy through foreign investment and job creation.
The investor must contribute the required capital to a new commercial enterprise and demonstrate that the investment will create or preserve at least ten permanent full-time jobs for qualifying workers. The capital must remain subject to the risk of gain or loss and have a documented lawful source.
A spouse and unmarried children under 21 may be included as derivatives, subject to eligibility and visa-availability rules.
Current minimum amounts
$800,000 or $1.05 million
The applicable amount depends on the location and classification of the investment at the relevant time.
| Category | Minimum investment | General observation |
|---|---|---|
| Rural area | $800,000 | May qualify as a targeted employment area and for the rural visa set-aside. |
| High-unemployment area | $800,000 | Must satisfy the applicable USCIS definition and methodology. |
| Qualifying infrastructure project | $800,000 | A statutory category for certain projects administered by a governmental entity. |
| Other investments | $1,050,000 | The standard amount outside reduced-investment categories. |
Investment amounts are adjusted by law and can change. Confirm current requirements before transferring or committing capital.
RIA visa set-asides
Three reserved categories.
The EB-5 Reform and Integrity Act reserves annual percentages for qualifying investments. Present availability is not a promise of future availability.
20% OF EB-5 VISAS
Rural
Reserved for qualifying rural investments, a category that also receives statutory priority for petition processing.
10% OF EB-5 VISAS
High unemployment
Reserved for investments in areas that satisfy the statutory high-unemployment criteria.
2% OF EB-5 VISAS
Infrastructure
Reserved for qualifying infrastructure projects as defined in the EB-5 statute.
General stages
The process is not identical for every family.
Residence abroad, current U.S. status, country of birth, children’s ages, and visa availability can alter strategy.
- Develop the family, visa, and capital strategy.
- Select the investment and complete subscription documentation.
- Document the lawful source and path of invested capital.
- File Form I-526 or Form I-526E, as applicable.
- Pursue consular processing or adjustment of status when available.
- Document investment and job creation for Form I-829.
Choose the structure carefully
Regional center and direct EB-5 are different paths.
REGIONAL CENTER
Pooled investment structure
May rely on economic modeling for direct and indirect job creation and generally involves a separately offered investment.
DIRECT EB-5
Operating-business responsibility
Requires qualifying jobs directly tied to the enterprise and often places greater operational responsibility on the investor.
INDEPENDENT ADVICE
Separate immigration and investment questions
Immigration counsel does not replace independent financial, securities, tax, or business advice.
Build the immigration plan before moving capital.
Discuss your family, timing, source of funds, and proposed investment with HarrisLaw.