EB-5 Visa Program

The US EB-5 Visa Program (Immigrant Investor): The Most Strategic Path to a Green Card in the USA (2025 COMPREHENSIVE GUIDE AND LATEST UPDATES)

The United States of America continues to be a magnet for investors as the world’s largest economy, a hub of innovation, and a land of global opportunities. One of the most direct gateways to these opportunities is the “Employment-Based Fifth Preference Immigrant Visa” program, commonly known as the EB-5 Visa, which was enacted in 1990. This program offers foreign investors and their families the chance to obtain permanent residency (a Green Card) in the U.S., while simultaneously contributing significantly to the American economy. At NotteGlobal, we position the EB-5 program as one of the most effective and strategic methods for international investors to achieve their dreams in the U.S.

Beyond merely being a visa type, the EB-5 program is a comprehensive immigration solution that grants investors and their families the privileges of living, working, and studying in the U.S., and ultimately applying for U.S. citizenship. Recent legislative updates, particularly the EB-5 Reform and Integrity Act (RIA) of 2022, have made the program more transparent, secure, and predictable. In this guide, we will cover the most current EB-5 program details, investment options, advantages, disadvantages, costs, and the complex application process from A to Z, as applicable for 2025. Our goal is to help every investor considering a Green Card in the U.S. make informed and accurate decisions.

What is the US EB-5 Visa (EB-5 Green Card) and Why is it Preferred for US Residency?

The EB-5 Visa is an immigrant visa category that allows foreign investors to obtain a two-year conditional Green Card (permanent residency) for themselves, their spouse, and unmarried children under 21, in exchange for investing in a new commercial enterprise in the U.S. and creating or preserving a specified number of full-time jobs. After two years, once the investment and job creation requirements are met, the conditional status is removed, and a permanent Green Card is obtained.

Key reasons why the EB-5 program is considered one of the most strategic paths to obtaining permanent residency in the U.S.:

Direct Path to a Green Card: Unlike many other visa categories, the EB-5 offers a direct route to permanent residency (Green Card). Investors and their families, upon approval of their application, become Green Card holders, albeit initially with conditional status.
Family Inclusion: The main investor’s spouse and unmarried children under 21 also qualify for a Green Card under the same application. This allows for comprehensive future planning for the entire family.
Flexible Place of Residence: EB-5 Green Card holders have the freedom to live, work, and study in any state across the U.S. There is no requirement to be tied to a specific region or state.
Pathway to U.S. Citizenship: After obtaining the conditional and then permanent Green Card, investors who fulfill the legal residency requirement in the U.S. for 5 years (including physical presence requirements) become eligible to apply for U.S. citizenship.
No Active Business Participation Required: Especially for investments made through a Regional Center, investors are not required to actively participate in daily operations. This allows business professionals to continue managing their existing businesses or global investments.
Educational Opportunities: Green Card holders can access the same educational advantages as U.S. citizen students (such as in-state tuition fees), which can significantly reduce the cost of university education.
Global Mobility: A U.S. Green Card provides its holders with greater travel freedom and flexibility worldwide.

US EB-5 Visa Investment Options (2025 CURRENT & DETAILED GUIDE)

There are two main investment options under the EB-5 program. Both options have their own investment amounts and job creation requirements:

1. Direct Investment:

Investment Amount:
- Areas Not Designated as Targeted Employment Areas (TEA): A minimum investment of $1,050,000 USD is required.
- Targeted Employment Areas (TEA – High Unemployment or Rural Area): A minimum investment of $800,000 USD is required. TEA regions are defined as either urban areas with high unemployment rates or rural areas. These regions are incentivized to attract EB-5 investors with a lower investment threshold.
Job Creation: The investor must directly create or preserve 10 full-time jobs within their own enterprise. These jobs must be for U.S. citizens or Green Card holders who are not members of the investor’s family.
Management Involvement: The investor is expected to participate in the daily management of the enterprise or play a policy-making role.
Eligibility: Investors can establish a new commercial enterprise, restructure an existing business, or expand an existing business.

2. Investment Through a Regional Center:

Most Popular Option: This is the most common and preferred EB-5 investment route among international investors.
Investment Amount:
- Non-TEA Areas: A minimum of $1,050,000 USD.
- Targeted Employment Areas (TEA): A minimum of $800,000 USD.
Job Creation: In this option, the Regional Center channels the investor’s capital into various projects (e.g., real estate, infrastructure, hospitality). The job creation requirement (10 full-time jobs) can be met not only through direct job creation but also through the project’s economic impact (indirect and induced jobs). This significantly eases the burden of job creation for the investor.
Management Involvement: Investors are not required to actively participate in daily operations. They typically assume a passive investor role within a Limited Partnership or Limited Liability Company (LLC) structure managed by the Regional Center.
Reliability and Transparency: The 2022 EB-5 Reform and Integrity Act (RIA) has increased oversight of Regional Centers, ensuring greater transparency and investor protection. This act mandates regular audits of Regional Centers by USCIS (U.S. Citizenship and Immigration Services) and stricter management of investor funds.
Important Note: NotteGlobal only presents investors with reputable, high-performing, and RIA-compliant Regional Center projects. Project selection is one of the most critical stages of the EB-5 process and requires meticulous due diligence.

US EB-5 Visa Application Process (STEP-BY-STEP GUIDE & WORKFLOW)

The EB-5 visa application process consists of several complex stages and requires working with an experienced immigration attorney and an EB-5 consultancy firm. NotteGlobal will guide you through every step of the process:

1. EB-5 Project and Regional Center Selection: NotteGlobal experts will help you identify the most suitable EB-5 project (typically through a Regional Center) based on your investment goals, risk tolerance, and immigration status. The financial soundness of the projects, their job creation potential, and past success rates are thoroughly examined. This is the most critical starting point of the process.

2. Submission of Form I-526E (Immigrant Investor Petition): Once the investment is made (or placed into an escrow account), Form I-526E is filed with USCIS. This petition demonstrates the investor’s eligibility for the EB-5 program and proves that the investment funds originated from lawful sources. The preparation of this form requires detailed financial documentation (proof of source of funds) and legal arguments. With the 2022 RIA, certain prioritizations for I-526E processing times have been introduced (e.g., for rural area projects).

3. I-526E Approval and Adjustment of Status/Consular Processing:

For Those Within the U.S. (Adjustment of Status – Form I-485): If the investor and their family are already in the U.S. on a legal status (e.g., a student visa), Form I-485 (Application to Register Permanent Residence or Adjust Status) can be filed concurrently with or after the I-526E approval. This allows the conditional Green Card to be obtained from within the U.S.
For Those Outside the U.S. (Consular Processing): If the investor and their family are located outside the U.S., after I-526E approval, their case is sent to the National Visa Center (NVC). The NVC collects necessary documents and then schedules an interview at the U.S. Embassy or Consulate in the investor’s country of residence. The visa is issued after a successful interview.

4. Conditional Green Card Period (2 Years): The investor and their family enter a two-year probationary period after receiving their conditional Green Cards. During this time, they can live, work, and study in the U.S. It is crucial to maintain the investment and ensure that the job creation requirements are met.

5. Submission of Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status): Within 90 days before the end of the conditional Green Card period, the investor files Form I-829 with USCIS to prove that the investment has been sustained and that the required jobs have been created or maintained. This form requires detailed project reports, financial statements, and evidence of job creation.

6. I-829 Approval and Permanent Green Card: Upon approval of Form I-829, the investor and their family obtain an unconditional, permanent Green Card. From this point, the path to U.S. citizenship opens (generally after 5 years of permanent residency).

Advantages and Disadvantages of the US EB-5 Program (Detailed Comparison)

Like any investment and immigration program, the EB-5 has its unique advantages and potential challenges.

Advantages:

Direct Green Card Pathway: Compared to many other U.S. immigration routes (e.g., employer sponsorship or family-based petitions), the EB-5 is generally a faster and more direct path to permanent residency, especially for certain categories (e.g., rural area projects).
Family Inclusion: The ability for the main investor’s spouse and unmarried children under 21 to also obtain a Green Card offers a holistic solution for families.
Flexibility: Green Card holders have the freedom to live and work anywhere they choose in the U.S. It adapts to various lifestyles such as establishing a business, pursuing education, or retirement.
Educational Opportunities: Access to the U.S.’s world-class education system and the possibility of benefiting from in-state tuition fees is a significant advantage for children.
No Active Business Participation Required (Regional Center): Those investing through Regional Center projects are not required to actively participate in daily business operations, which is ideal for investors with existing global businesses.
Enhanced Oversight and Transparency (RIA): The 2022 EB-5 Reform and Integrity Act has strengthened the program by subjecting Regional Centers to stricter oversight, increasing the security of investor funds.

Disadvantages and Potential Challenges:

High Investment Amount: The minimum of $800,000 or $1,050,000 USD is a substantial amount for many investors. This is the program’s biggest entry barrier.
Involves Risk: As with any investment, there is risk involved in an EB-5 investment. It is not a guaranteed return program, and there is a risk of capital loss. Therefore, careful project selection is vital.
Long-Term Fund Commitment: Investor funds remain committed throughout the conditional Green Card period (typically 5-7 years). This duration can vary depending on project completion and meeting job creation requirements.
Complex Application Process: The EB-5 application is a multi-step, complex process requiring detailed legal and financial documentation. Incorrect or incomplete applications can lead to delays or denials.
USCIS Processing Times: Application processing times can vary depending on USCIS’s workload and specific category priorities. In some cases, these periods can be lengthy.
Visa Backlogs: For some countries (especially those with high demand like China and India), visa backlogs may occur in the Visa Bulletin, which can extend the time to receive the Green Card. However, countries like Turkey are generally not affected by these backlogs.

US EB-5 Visa Costs (2025 DETAILED ANALYSIS)

Participating in the EB-5 Visa program involves various administrative, legal, and processing costs in addition to the investment amount:

1. Investment Amount:

For TEA Regions: Minimum $800,000 USD.
For Non-TEA Regions: Minimum $1,050,000 USD.

2. Administrative and Management Fees (for Regional Centers):

Regional Center projects have their own administrative fees. These fees typically range between $50,000 – $80,000 USD and are paid in addition to the investment amount. These fees cover project management, business plan preparation, and ensuring USCIS compliance.

3. USCIS Filing Fees:

I-526E Petition Fee: Approximately $4,675 USD.
I-485 Adjustment of Status Petition Fee (for those inside the U.S.): Approximately $1,440 USD (including biometric fee, per person).
I-829 Petition to Remove Conditions Fee: Approximately $3,905 USD.
Biometrics Services Fee: Approximately $85 USD (included in some forms).

4. Legal and Consulting Fees:

This is the cost of working with an experienced immigration attorney and an EB-5 consulting firm (like NotteGlobal). These fees vary based on the complexity of the case, the attorney’s experience, and the scope of services provided. They can generally range from $20,000 – $50,000 USD. This fee is critical for the preparation of all documents, communication with USCIS, and legal representation.

5. Other Expenses:

Source of Funds Report: Cost of a report prepared by an independent auditor or financial advisor to prove the lawful source of the investment funds (variable).
Translation and Notarization Fees: Cost for translating necessary documents into English and obtaining notary certifications.
Medical Examination Fees: Mandatory medical examination required before the visa interview.
Travel Expenses: Travel costs to the U.S. for biometric appointments or interviews.

These cost items constitute the total cost of the EB-5 program. NotteGlobal offers transparent consultation on these costs, ensuring that investors do not encounter any surprises.

Requirements and Eligibility for the US EB-5 Program

To apply for the EB-5 program, investors and their investments must meet specific criteria:

1. Investor Requirements:

Lawful Source of Funds: All funds used for the investment must be proven to have been obtained through lawful means. This is often the most complex and scrutinized part of the application. Various sources such as inheritance, property sales, business profits, salaries, bonuses, gifts, or loans can be accepted, but each must be meticulously documented.
Clean Criminal Record: The applicant, their spouse, and unmarried children under 21 must have a clean criminal record.
Medical Eligibility: Must pass a medical examination to be deemed medically admissible under U.S. immigration law.
Age Limit: The principal applicant must be 18 years of age or older.

2. Investment Requirements:

Minimum Investment Amount: The investment must meet the specified minimums of $800,000 USD (for TEA) or $1,050,000 USD (for non-TEA).
At-Risk Investment: The investment must be entirely “at-risk,” meaning there is no guarantee of return. This implies that the funds cannot be passively held in a bank account or via a debt arrangement.
New Commercial Enterprise: The investment must qualify as a “new commercial enterprise.” This can be a business established after November 29, 1990, or one established before that date that has been restructured to the extent that a new commercial enterprise results, or has expanded its net worth or number of employees by at least 40 percent.
Job Creation: The investment must directly or indirectly create or preserve 10 full-time jobs. A full-time job refers to a position for a qualifying employee working at least 35 hours per week.

Post-Application and Pathway to US Citizenship via EB-5

The EB-5 program not only grants a Green Card but also serves as a bridge to U.S. citizenship:

Unconditional Green Card: Upon approval of Form I-829 at the end of the conditional Green Card period (2 years), the investor and their family obtain an unconditional and permanent Green Card. This card is renewable every 10 years.
Application for U.S. Citizenship: After obtaining the permanent Green Card, investors are generally eligible to apply for U.S. citizenship if they meet the legal residency requirements in the U.S. for 5 years (including specific physical presence requirements, such as not spending more than 6 months outside the U.S. per year). Citizenship also requires passing basic English language proficiency and U.S. history/government tests.

The EB-5 program offers a unique opportunity for individuals and families dreaming of living, working, and investing in the U.S. Due to the program’s complexity, working with an expert EB-5 consulting firm and immigration attorneys is paramount for a successful application.

Confidence and Transparency with the EB-5 Reform and Integrity Act (RIA): Enacted in 2022, the RIA has significantly strengthened the EB-5 program. This legislation was designed to enhance investor protection, ensure program integrity, and subject Regional Centers to stricter oversight. The RIA mandates regular audits of Regional Centers by USCIS, transparent management of funds, and better protection of investors’ rights. This, in turn, increases investor confidence in EB-5 projects.

Seize US EB-5 Visa Opportunities with NotteGlobal!

The US EB-5 Visa program, with its current legal regulations, remains one of the most attractive options for international investors seeking permanent residency and the opportunity to establish businesses/invest in the United States. Given the complexity of the EB-5 program and the substantial investment amount, partnering with an experienced consulting firm like NotteGlobal is crucial for the success of your application.

Our expert team will guide you through every step of the process, from selecting the most suitable EB-5 project and proving the lawful source of your funds, to meticulously preparing Forms I-526E, I-485, and I-829, and managing all communications with USCIS. At NotteGlobal, we are by your side to help you achieve your Green Card dreams in the U.S.

Don’t wait any longer to step into the limitless opportunities and a global future that the United States of America offers.

Contact NotteGlobal today, and let’s explore together how the US EB-5 Visa program can provide a tailored solution for you!