Immigration for investors

How EB-5 works

EB-5 gives a green card to an investor who puts lawfully obtained capital into a U.S. business that creates at least 10 full-time jobs. The green card is conditional for two years, then permanent once the investor shows the requirements were met.

What we handle

Investors and their families, from the first comparison of projects to the permanent green card.

  • Regional center petitions

    Form I-526E for investments through a USCIS-designated regional center.

  • Direct investment petitions

    Form I-526 for investors who start or buy a business they help run.

  • Source of funds

    Tracing the investment from where it was earned to the business, with the records USCIS asks for.

  • Project review

    Reading offering documents for the immigration requirements: job creation, risk and use of funds.

  • Green card applications

    Adjustment of status in the United States or immigrant visas abroad, for the investor and family.

  • Removing conditions

    Form I-829, with evidence that the capital stayed invested and the jobs were created.

How the process works

Six steps from investment to permanent residence. The waiting times between them depend on the investor’s country of birth.

  1. Choose the investment

    A regional center project or a business of your own. We review the documents for what immigration law requires of them.

    Who: the investor, with the firm and financial advisors

  2. Document the source of funds

    We trace every dollar to a lawful source and follow its path to the investment.

    Who: the investor and the firm

  3. Invest and file the petition

    The capital is invested and at risk. We file Form I-526E or Form I-526 with the business plan and the job creation evidence.

    Who: the firm files for the investor

  4. Apply for the green card

    When a visa is available, the investor and family apply in the United States or at a consulate. They receive conditional green cards valid for two years.

    Who: the firm

  5. Keep the investment in place

    The capital stays invested for the period the law requires, and the business carries out its plan to create the jobs.

    Who: the investor and the business

  6. Remove the conditions

    In the 90 days before the second anniversary of residence, we file Form I-829. On approval the green cards become permanent.

    Who: the firm files; USCIS decides

Three ways to invest

Most investors choose a regional center. Some prefer a business of their own, or a visa instead of a green card.

  • Regional center

    Invest through a designated project

    Indirect and induced jobs count toward the 10. The investor is usually a limited partner, not a manager.

  • Direct

    Start or buy a business

    Only employees of the business count. The investor takes part in running it.

  • E-2

    A treaty investor visa instead

    For nationals of treaty countries. A renewable visa, not a green card, with no fixed minimum investment.

Representative matters

A few recent EB-5 matters, described without client names.

  • Regional center

    I-526E approval for an investor in a hotel project, with funds from the sale of a family business abroad.

  • Direct

    I-526 approval for an investor who bought and expanded a regional bakery, documenting the new full-time positions.

  • Family

    Green cards for an investor, his wife and their two children, filed before the elder child turned 21.

  • I-829

    Permanent residence for a group of investors in an infrastructure project after a delay in construction.

Attorney advertising. Prior results do not guarantee a similar outcome. Every case turns on its own facts.

Common questions

How much must I invest?

At least the current amount, which USCIS publishes. The amount is lower for projects in targeted employment areas and for infrastructure projects, and it is adjusted for inflation over time.

Do I have to live where the business is?

No. EB-5 investors can live anywhere in the United States.

What happens if the jobs are not created?

The conditions may not be removed. We review the job creation plan before you invest and track it while you wait.

Considering an EB-5 investment?

Bring a summary of your assets and where they came from, and any project you are considering. In the first meeting we tell you what the documentation will involve.