The EB-5 VISA is a United States immigrant visa program that enables foreign nationals to obtain lawful permanent residency, commonly known as a Green Card, by investing in American businesses that create U.S. jobs. Established by Congress in 1990, this program is administered by U.S. Citizenship and Immigration Services (USCIS) and has become a popular route for investors seeking to secure a future in the United States.
At Orange Law, we help qualified investors navigate every stage of the EB-5 VISA journey from selecting a vetted project to meeting all immigration requirements. If you want permanent residency in the US and also want to participate in the economic growth, the EB-5 visa is a good way to go.
Before committing to an investment, it is important to evaluate both the EB-5 program requirements and your personal financial planning. Understanding the structure and risks involved ensures the EB-5 VISA is a sound decision for your immigration and investment future.
There are two primary pathways through which foreign nationals can participate in the EB-5 VISA program: direct investment and Regional Center investment. Each option has different responsibilities and controls, depending on the investor’s preference.
A direct EB-5 investment involves placing funds into your own business or a standalone commercial enterprise that you manage personally. This pathway requires investors to:
While this route offers full operational control, it also involves significant responsibility. It is best suited for hands-on entrepreneurs who want to be directly involved in business operations and meet immigration criteria through their own efforts.
EB-5 Regional Centers are USCIS-approved entities that pool and manage investor funds, directing them to job-creating projects. These centers ensure compliance and simplify the investment process for foreign investors seeking U.S. residency.
Investors who invest in projects located in TEAs—rural or high-unemployment areas—can qualify with a reduced minimum investment of $800,000, compared to $1,050,000 for projects outside TEAs.
Regional Centers manage pooled investor funds, track project progress, provide individual reports, and handle USCIS compliance. This centralized management reduces investor risk and simplifies regulatory reporting.
Regional Centers allow indirect and induced jobs to count toward the required job creation, making it easier to meet EB-5 employment criteria compared to direct investments that require ten full-time direct jobs.
Regional Centers must maintain investor accounts, demonstrate proper fund use, and submit detailed USCIS reports to prove compliance and ongoing eligibility under EB-5 program rules.
Concurrent Filing allows EB-5 investors already in the U.S. under a different visa category to file for adjustment of status (Form I-485) at the same time they submit their EB-5 petition (Form I-526E). This means you can live in the U.S. legally while your EB-5 application is under review.
The EB-5 Reform and Integrity Act of 2022 introduced “Set-Asides” for specific project types. These include:
Set-asides reserve visa allocations for these project categories and often lead to faster processing and reduced wait times, especially for investors from backlogged countries like India or China.
An EB-5 Investor Green Card is a permanent residency permit granted to eligible foreign investors who meet the program’s criteria. After investing the required amount and creating 10+ U.S. jobs, investors and their immediate family (spouse and children under 21) receive the right to live, work, and study anywhere in the United States.
The timeline for capital return varies by project but generally ranges from 5 to 7 years. Funds are typically repaid after the project achieves certain financial or operational milestones and once the investor has received their permanent Green Card. Terms and exit strategies are detailed in the offering documents for each project.
Looking to secure U.S. residency through a reliable investment? The EB-5 VISA program may be your gateway to a brighter future. Contact Orange Law and explore the best EB-5 opportunities based on your immigration and financial goals.
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