US EB-5 Visa: The Green Card for Investors

The EB-5 visa is America's version of the so-called "golden visa". After a qualifying investment, it lets its wealthy holder live, work, study or retire in the USA without having to find an employer.

As with other golden visas, getting an EB-5 visa means making a very large investment in the USA. This visa is a fit for very wealthy foreign nationals who want a green card or US citizenship.

Want to travel to the United States without a visa? Find out everything about the ESTA application here.

1The EB-5 visa at a glance

• To get this visa, you must invest at least $800,000 in a US business and create at least 10 American jobs.
• If you qualify for the EB-5 visa, you receive a green card and may live in the USA.
• You can include your dependent family members in the application, so your spouse and children receive green cards too.
• The USA issues only 10,000 EB-5 investor visas a year, including those issued to family members.

For help with the paperwork and procedures for a US golden visa, it is wise to work with representatives who specialize in residence by investment.

Mount Bonnell Advisors has years of experience with golden visas and investment programs. Our team of experts can advise you on the fastest route to a US green card and tell you which investment program suits you best.

Read more →

2EB-5 investment options

IMPORTANT: The US government's Regional Center Program was relaunched by the EB-5 Reform and Integrity Act of 2022 and is authorized until September 30, 2027. EB-5 applications are therefore possible through both regional centers and direct investment.

Two investment options qualify you for an EB-5 visa:

• Investing at least $800,000 in a Targeted Employment Area (TEA). This means investing in a rural area or an area of high unemployment through a government-approved program.
• Direct investment of at least $1.05 million outside a TEA. You can invest in another business of your choice or start your own company in the USA, but you must make sure it meets USCIS requirements.

Read more →

3EB-5 investment through regional centers

USCIS has a number of regional centers across the country, all aimed at boosting economic growth in specific parts of the USA. You can find the list of approved EB-5 immigrant investor regional centers here.

If you invest in a TEA, you must show that your investment created at least ten jobs, directly or indirectly. Indirect jobs are those created not in the business you invest in but, for example, at one of its suppliers.

The vast majority of EB-5 applications go through regional centers, because most applicants care more about the immigration side of their investment than about the return.

4EB-5 direct investment

A direct EB-5 investment means you start your own company in the USA or buy an existing business. Because the investment is made outside a USCIS-approved TEA, you need to invest more: at least $1,050,000 instead of $800,000.

You must also show that your investment or business directly created at least 10 new jobs, and you must play a direct role in the business.

Read more →

5Requirements for an EB-5 investment

The key requirements for an EB-5 investment are:

• It must meet the minimum capital amount: either $800,000 in a TEA or $1.05 million outside a TEA.
• It must create at least 10 new full-time jobs for at least two years. If you cannot show right away that the investment created the jobs, you should be able to show that the need for at least 10 new full-time positions will arise.
• The money you invest must have been obtained legally.
• The investment must be approved by USCIS.
• The business you invest in must be a new "for-profit" commercial enterprise established after 1990.
• The money you invest must be "at risk", meaning there is no guarantee you will get your capital back.

You must choose the business you want to invest in, either yourself or through a regional center. 

Given the size of the investment, you may need professional representation to guide you through the process. If you are unsure whether your potential investment meets the EB-5 requirements, you can book a consultation with Mount Bonnell Advisors. Our experts will use their experience in this field to show you the best options.

Once your investment is settled, you need to gather the required evidence and file the EB-5 visa application.

6How do I apply for an EB-5 visa?

Once you have made your investment, the EB-5 application process works like this:

• You file your petition with USCIS on Form I-526, which is essentially the investor visa petition. USCIS may update the filing address, so check its website.
• USCIS reviews the petition and forwards it to the National Visa Center (NVC).
• The NVC contacts you and asks you to pay the relevant fees and submit the required documents. The NVC tells you where and how to pay.
• You apply for an immigrant visa and attend an interview at the US embassy. The NVC tells you where and when the interview will take place and which documents to bring.
• If everything is in order, the US embassy issues your immigrant investor visa (that is, the two-year green card).
• If you are already in the USA: instead of applying at a US embassy, you file an application for adjustment of status (Form I-485) with USCIS.

6.1Please note

Keep in mind that the application process can vary depending on where you live. So if you are outside the USA, start by contacting the US embassy in your country. They are likely to have the best information on the process and requirements.

Because of the large sums involved, many applicants choose professional representation to help them with their EB-5 application.

Read more →

7How long does the EB-5 process take?

Getting an EB-5 visa takes an average of 13 months from the day you file your petition with USCIS. Since that is an average, the actual processing time may be longer or shorter depending on your situation.

Read more →

8Documents required for the EB-5 application

When you apply for an EB-5 visa, USCIS will ask you to prove that your investment meets the requirements. The documents you need to submit include:

• Evidence that you have invested, or are actively in the process of investing, in a new for-profit business established after 1990; or
• have acquired a new for-profit commercial enterprise that was established before 1990 but restructured so that a new business was created; or
• You invested in a new for-profit commercial enterprise established before 1990, and your investment increased its net worth or its headcount by at least 40%.
• Evidence that you will manage or oversee the new business.
• Evidence that your investment has created at least ten new full-time jobs (directly or indirectly). If that is not yet the case, submit a comprehensive business plan showing that at least ten new positions will be needed.
• Evidence that you intend to keep the new employees for at least two years.
• Evidence that you have made the required minimum investment:
• Evidence that your investment funds were obtained lawfully, for example:
• Foreign business registration documents
• Corporate, partnership or personal tax returns
• Evidence of any other source of capital
• Records of any pending civil or criminal proceedings against you in a court inside or outside the US within the last 15 years (if applicable).
• Your passport.
• Passport-size photos.
• Civil documents such as birth and marriage certificates.
• Completed medical examination forms.

9Benefits of the EB-5 visa

With an EB-5 visa, you can:

• Live, work and study in the US, and so can your family.
• Hold a green card you can renew again and again.
• Apply for US citizenship a few years later, giving you one of the strongest passports in the world.
• Travel in and out of the US without applying for a visa.
• Travel to other countries that grant green card holders visa-free entry.
• Get your invested capital back, if you invested wisely.
• Access American healthcare, known as one of the best in the world.

10How long can I stay in the US with an EB-5 visa?

Your first green card through an EB-5 investment gives you "conditional residence". The green card is valid for 2 years, during which you can live, work and study in the US. You must not stay outside the country for more than a year, or you lose your resident status.

After two years of conditional residence, you can apply for "unconditional/permanent residence": a 10-year green card you can keep renewing.

Read more →

11Can I live anywhere in the US with an EB-5 visa?

Yes. With an EB-5 visa you can live and work wherever you like in the US. If you invested through a regional center, you do not have to live in the state where you invested.

If you made a direct investment, however, you may need to live near the business you invested in, because you have to show that you are actively involved in it.

12Family members of EB-5 visa holders

Once your EB-5 visa is approved, these family members can join you in the US:

• Your spouse. Your spouse can receive both conditional and permanent residence, provided you were married when you entered the US or when you change from conditional to permanent residence after two years. Same-sex spouses also qualify. Unmarried partners do not.
• Your children. You can bring all children under 21, who are entitled to conditional or permanent residence. This includes biological children, adopted children and stepchildren. You must be able to prove the legal parent-child relationship. A child under 21 who is married does not qualify for the visa.

13Can I become a US citizen with an EB-5 visa?

Yes, an EB-5 visa can lead to US citizenship. You can apply after holding permanent resident status for five years, and the two years on the conditional green card count toward that. In total, you need to live in the US as a permanent resident for at least five years before applying.

You also need to meet the other requirements for US citizenship by naturalization.

14Do I get access to American healthcare with an EB-5 visa?

Yes, as an EB-5 visa holder you have access to healthcare in the United States. Keep in mind, though, that US medical costs are among the highest in the world.

Treating a broken leg or arm can cost you $2,500, and a hospital stay in the US can average over $10,000. Choose the health insurance that suits you best, is affordable overall and covers your needs. Here is our overview of US health insurance.

15EB-5 visa costs

The EB-5 petition itself (Form I-526) costs $3,675. That comes on top of the $800,000 you invest and any other administrative fees, such as:

• Processing fee for Form DS-260
• Medical examination fees
• Fees for obtaining supporting documents
• Any fees for translating documents into English
• Any legal fees you pay during the investment process

Read more →

For an overview of every route to the US, see our visa overview. Not sure whether a green card by investment or the more flexible investor visa suits you better? Our comparison E-2 visa or EB-5 green card helps you decide.

Find US visa options for freelancers, the self-employed & influencers here.

In short

• The EB-5 takes you straight to a green card through investment, for you, your spouse and your children under 21.
• You need at least $800,000 in a Targeted Employment Area or $1.05 million elsewhere, lawfully obtained capital that is genuinely at risk, and at least ten new full-time jobs.
• You can invest through a regional center or directly in a business you start or buy; the regional center program is authorized until September 30, 2027.
• Your first green card is conditional for two years; then comes the unconditional green card, and after five years as a permanent resident you can apply for citizenship.

Frequently asked questions

How much do I need to invest for the EB-5 visa?

At least $800,000 if you invest in a Targeted Employment Area (a rural area or one with high unemployment), otherwise at least $1.05 million.

How many jobs does my investment need to create?

At least ten new full-time jobs. With a regional center investment, indirect jobs count too; with a direct investment, the jobs must be created within the business itself.

Does my family get a green card through the EB-5 too?

Yes. Your spouse and your unmarried children under 21 can be included in the petition, adopted children and stepchildren too. Married children do not qualify.

How long is the first EB-5 green card valid?

First you receive a conditional green card for two years. After that you apply for the unconditional green card, which is issued for ten years and can be renewed.

Do I have to live where I invest?

Not with a regional center investment: you can live anywhere in the US. With a direct investment you may need to live near the business, because you have to show you are actively involved there.

Can I become a US citizen through the EB-5?

Yes. After five years as a permanent resident you can apply for naturalization; the two years on the conditional green card count. The other requirements are on our page Becoming a US citizen.

How we help you

• Visa RoadmapIn writing: which visa fits you and your family, prepared with the immigration attorney on the firm's team.
• Visa and Green Card ConsultationWhich route to the USA fits you, settled in one conversation.
• Visa Roadmap for Company FormationFormation and visa in one plan, so the company carries the visa.
• US Company FormationLLC, Inc or LP in Delaware, Florida, California, New York, Texas or Wyoming.
• Form a CorporationThe US corporation (Inc) for growth, investors and your visa.