United States•North AmericaE5 — Employment Fifth Preference - Immigrant Investor
At a Glance
12 months – 5.0 years
Varies by processing route
USD $1,864,170
Indefinite
Renewable
Renewal
Renewable
Family
Dependents allowed
PR Pathway
Yes
Sponsor
No job offer needed
Work
Remote not required
Living in United States
Overview
Permanent residency for foreign investors of $800K (TEA) or $1.05M (non-TEA) in a US enterprise creating 10+ jobs; no employer sponsor required.
The EB-5 is a US employment-based immigrant visa offering permanent residency to foreign nationals who invest in a job-creating commercial enterprise. Restructured by the EB-5 Reform and Integrity Act of 2022, it is profession-agnostic and requires no employer sponsor or labor certification.
Minimum investment is $800,000 in a Targeted Employment Area (rural, high-unemployment, infrastructure) or $1,050,000 elsewhere, must be "at risk", and must create 10 full-time US jobs. I-526/I-526E filing costs $3,675, plus $1,000 Integrity Fund for Regional Center filings. About 10,000 visas issue yearly with 20%/10%/2% set-asides; residency is conditional for two years before I-829.
This visa is ideal for high-net-worth investors seeking a direct green card pathway for themselves and immediate family without a job offer.
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Cost Breakdown
Processing Time
| I-526E — Rural Set-Aside (Regional Center) | 12 months – 3 years |
| I-526E — High Unemployment Area (HUA) Set-Aside (Regional Center) | 1.4–4.3 years |
| I-526E — Unreserved (Regional Center) | 2.5–5.0 years |
| I-526 — Direct (Standalone) | 1.5–3 years |
| I-829 — Remove Conditions | 1.6–3 years |
Stay & Extensions
| Status type | Permanent / indefinite |
Annual Cap & Quota
~10,000 visas per fiscal year (including spouses and children under 21); set-asides under the EB-5 Reform and Integrity Act of 2022: 20% rural, 10% high unemployment, 2% infrastructure. Regional Center Program authorized through September 30, 2027.
Requirements
PUBLISHED REQUIREMENTS
Minimum investment of $800,000 in a Targeted Employment Area (rural or high unemployment) or infrastructure project, or $1,050,000 in non-TEA locations
Investment in a new commercial enterprise (NCE) established after November 29, 1990, or one that has been restructured, expanded, or purchased
Investment must be 'at risk' — no guaranteed return
Investment must create at least 10 full-time jobs for qualifying U.S. workers (direct W-2 jobs for standalone/direct path; direct or indirect jobs for Regional Center path)
Investor must be involved in management of the NCE (can be limited partner in a Regional Center)
Funds must come from a lawful source — comprehensive source-of-funds documentation required
KEY CRITERIA
Investment
800,000 USD
REQUIRED DOCUMENTS
Form I-526E (Regional Center) or Form I-526 (Direct/Standalone)
Evidence of lawful source of funds (tax returns, bank statements, financial records, gift documentation)
Evidence of investment transfer and 'at risk' status
Comprehensive business plan demonstrating job creation
Evidence of qualifying jobs created or projected (economic impact report for Regional Center)
Evidence of new commercial enterprise qualification
Valid passport
Biographical and immigration history documents
Form I-829 with supporting evidence (at conditions-removal stage)
Advantages & Considerations
Key Benefits
- Direct path to US permanent residence — no temporary visa required first
- No labor certification (PERM) or job offer required — investor self-petitions
- Spouse and unmarried children under 21 receive green cards as derivatives
- Unrestricted US work authorization upon receiving green card
- Rural set-aside (20%) currently offers shorter processing and backlog relief
- Regional Center path allows passive investment with indirect job counting
- Concurrent filing of I-485 allowed when visa is immediately available
Worth Knowing
- Extremely high capital requirement ($800K TEA / $1.05M non-TEA) plus government fees
- Investment must be 'at risk' — no guaranteed return; capital can be lost
- Country-specific backlogs (China and India) create multi-year priority-date waits
- Regional Center Program currently authorized only through September 30, 2027
- Rigorous source-of-funds scrutiny requires extensive financial documentation
- Cannot meet $800,000 minimum TEA investment threshold from lawful documented sources
- Inadmissibility grounds (serious criminal record, security or fraud findings)
Application Process
Choose investment vehicle
USCIS-designated Regional Center or direct standalone investment
Make the qualifying capital investment in a new commercial enterprise
File Form I-526E (Regional Center) or Form I-526 (Direct) with USCIS along with source-of-funds and business plan evidence
Await I-526/I-526E approval (3–36+ months depending on set-aside and path)
Apply for an immigrant visa abroad (Form DS-260, consular processing) or adjust status inside the US (Form I-485)
Receive conditional permanent resident card valid for 2 years
File Form I-829 within 90 days before the 2-year conditional card expires to remove conditions and prove job creation
Receive unconditional (10-year) permanent resident card upon I-829 approval
Application Forms
Go to application portal| I-526EOptional Immigrant Petition by Regional Center Investor | Fill online |
| I-526Optional Immigrant Petition by Standalone Investor | Fill online |
| I-485Optional Application to Register Permanent Residence or Adjust Status | Fill online |
| DS-260Optional Application for Immigrant Visa and Alien Registration | Fill online |
| I-829 Petition by Investor to Remove Conditions on Permanent Resident Status | Fill online |
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Work
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