Do I have to run the business myself?

You must be engaged in the enterprise at least through policy formation, but you do not have to manage day-to-day operations. Regional-center investments are more passive, while a direct investment typically involves more active management. We help you choose the model that fits your goals.

How are the ten jobs counted?

Direct investments must create ten full-time positions on the enterprise's own payroll. Regional-center projects may also count indirect and induced jobs created by the project, using accepted economic methodologies, which makes the job requirement easier to meet.

What is the conditional green card?

When your EB-5 petition is approved and a visa is available, you first receive a two-year conditional green card. Before it expires, you file Form I-829 to prove the investment was sustained and the jobs created, after which the conditions are removed and you hold a permanent green card.

Can my family be included?

Yes. Your spouse and unmarried children under 21 can obtain green cards as derivatives of your EB-5 petition. This is one of the program's key advantages for families seeking permanent residence together.

Are there reserved visas for certain projects?

Yes. The 2022 law set aside a portion of EB-5 visas each year for investments in rural areas, high-unemployment areas, and infrastructure projects. These set-asides can mean shorter waits for investors in qualifying projects. We factor visa availability into your strategy.

EB-5 — Immigrant Investor — Headman Law Group

What Is the EB-5 Program?

The EB-5 Immigrant Investor Program is a direct path to a U.S. green card for individuals who invest in a new commercial enterprise and create jobs for American workers. It is one of the few green-card categories open to nationals of any country, regardless of family ties or employer sponsorship.

Under the EB-5 Reform and Integrity Act of 2022, an investor must invest $1,050,000 in a new commercial enterprise, or $800,000 if the project is located in a targeted employment area — a rural area or a region of high unemployment. The investment must create or preserve at least ten full-time jobs for qualifying U.S. workers.

What EB-5 Provides

A green card for the investor, spouse, and unmarried children under 21.
Open to nationals of every country — no employer or family sponsor needed.
Freedom to live, work, study, and retire anywhere in the United States.
Reserved visa categories for rural and high-unemployment projects.
A path to U.S. citizenship after meeting residence requirements.
Investment through either a direct enterprise or a regional center.

Direct Investment vs. Regional Center

EB-5 investors choose between two models. A direct investment means funding and actively managing your own new commercial enterprise, where you must create the ten jobs directly on the company's payroll.

A regional-center investment pools your capital into a larger, professionally managed project designated by USCIS. Regional centers may count indirect and induced jobs created by the project, which makes the job requirement easier to satisfy, but you have less day-to-day control. We help you weigh control, risk, and job-counting before you choose.

EB-5 Eligibility

An EB-5 petition is built around the following core requirements.

Qualifying Investment
You invest $1,050,000, or $800,000 in a targeted employment area, in a new commercial enterprise established after the program's effective date.
Capital at Risk
Your capital is genuinely at risk for the purpose of generating a return — not guaranteed or merely parked — and is sustained throughout the required period.
Job Creation
The investment creates or preserves at least ten full-time jobs for qualifying U.S. workers within the required timeframe.
Lawful Source of Funds
You document that the invested capital was obtained through lawful means and trace it from its origin to the enterprise.
Engagement in the Enterprise
You are involved in the enterprise, at minimum through policy formation, as an equity holder or limited partner.

The EB-5 Process

EB-5 is a multi-stage process that moves from petition to conditional residence to a permanent green card.

Step 01

Project & Source-of-Funds Diligence

We help evaluate the project (direct or regional center) and assemble the lawful source-and-path-of-funds record that EB-5 demands.

Step 02

File Form I-526E

We prepare and file the immigrant petition by a standalone or regional-center investor, establishing the investment and job-creation plan.

Step 03

Conditional Green Card

Once the petition is approved and a visa is available, you obtain a two-year conditional green card through adjustment of status or consular processing.

Step 04

Remove Conditions (Form I-829)

Near the end of the two-year period, we file Form I-829 to show the investment was sustained and the jobs were created, converting to a permanent green card.

Evidence for an EB-5 Petition

EB-5 is documentation-heavy, especially on source of funds. The set below is typical.

Source of Funds

Tax returns and bank records
Business ownership or sale documents
Property sale, gift, or inheritance records
A clear path tracing funds to the enterprise

Investment & Project

Business plan and job-creation projections
Enterprise formation and ownership documents
Regional-center offering documents (if applicable)
Evidence the capital is invested and at risk

Frequently Asked Questions

The standard minimum is $1,050,000. If you invest in a targeted employment area — a rural area or one with high unemployment — the minimum is $800,000. These amounts were set by the EB-5 Reform and Integrity Act of 2022 and are subject to future adjustment.