EB-5 immigrant investor

All EB-5 investors must invest in a new commercial enterprise that was established: After Nov. 29, 1990; or On or before Nov. 29, 1990, that was: Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or Expanded through the investment, resulting in at least a 40% increase in the net worth or number of employees.

Capital means cash and all real, personal, or mixed tangible assets owned and controlled by the immigrant investor.

Under a program first enacted as a pilot in 1992 and regularly reauthorized since then, investors may also qualify for EB-5 classification by investing through regional centers designated by USCIS based on proposals for promoting economic growth.

The minimum investment amounts by filing date and investment location are: Petition Filing Date Minimum Investment Amount Targeted Employment Area Investment Amount High-Employment Area Investment Amount Before 3/15/2022 $1,000,000 $500,000 $1,000,000 On or After 3/15/2022 $1,050,000 $800,000 (includes infrastructure projects) N/A

Future adjustments will be tied to inflation using the change in the Consumer Price Index for All Urban Consumers (CPI-U) from March 15, 2022, to the date of adjustment. These adjustments will occur every five years, with the first such adjustment effective for petitions filed on or after Jan. 1, 2027.

A targeted employment area can be, at the time of investment, either: A rural area; or An area that has experienced high unemployment (defined as at least 150% of the national average unemployment rate).

Once we approve your Form I-485 application or upon admission into the United States with an EB-5 immigrant visa, we will grant conditional permanent residence to the EB-5 investor and derivative family members for a two-year period.

File Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period immediately before the second anniversary of your adjustment of status or admission to the United States as a conditional permanent resident.

If USCIS approves this petition, we will remove the conditions from your lawful permanent resident status and from that of any dependents you included.

USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for lawful permanent residence (become a Green Card holder) if they: