Discover the EB-5 Visa—With Guidance You Can Trust

The EB-5 Immigrant Investor Program offers a pathway to U.S. permanent residency for eligible foreign nationals who invest in American businesses. By making a qualifying investment that creates or preserves at least 10 full-time jobs for U.S. workers, participants can obtain a green card for themselves and their immediate family. Established by Congress in 1990, the program was designed to boost the U.S. economy through job creation and capital investment, while creating an opportunity for investors to build a future in the United States.

As of 2022, the minimum investment amounts are:

• $800,000 for projects located in a Targeted Employment Area (TEA), which includes rural areas or regions with high unemployment.
• $1,050,000 for projects outside of TEAs.

The investment minimums are set by U.S. Citizenship and Immigration Services (USCIS) and may change.

Anyone from any country may apply for the EB-5 program, provided they meet the following criteria:

• Can clearly document that their investment funds come from a lawful source
• Meet standard U.S. immigration requirements (background, security, and medical checks)
• Willing to invest in a USCIS-compliant EB-5 project

The EB-5 program lets you include your spouse and unmarried children under the age of 21 on your petition., so your entire immediate family can secure U.S. permanent residence together.

The EB-5 process timelines may vary based on your country of origin, individual circumstances, and USCIS processing times.

Generally, the initial process and approval of an EB-5 petition can take 3-24 months or more. Once approved, you will receive a conditional green card valid for two years, allowing you and your family to live, work, and study in the U.S. After about 21 months of holding a conditional green card you can apply for permanent residency, as long as all EB-5 program requirements have been met.

Because processing times and visa availability can vary; it is highly recommended that you work with an experienced immigration attorney to navigate the process and ensure everything is done correctly.

Hiring an immigration attorney is a key step toward protecting your investment and maximizing your chances of success in the EB-5 process. While it is not legally required to hire an immigration attorney, it is strongly recommended. The EB-5 process involves complex legal, financial, and immigration requirements, including:

• Documenting the lawful source and path of your investment funds
• Preparing and filing the Form I-526E petition correctly
• Ensuring your investment meets USCIS criteria for job creation
• Keeping up with evolving EB-5 policy and regulations

An experienced EB-5 immigration attorney can help you navigate these requirements, reduce risk, and strengthen your application. That’s why most investors choose to work with an immigration attorney to protect their immigration goals.

Administrative fees for EB-5 investments typically range from $50,000 to $80,000, depending on the project. This fee is separate from the required investment amount and is used to cover operational costs associated with managing the EB-5 offering, including:

• Project administration and regulatory compliance
• Ongoing investor reporting and communication
• Legal, escrow, and due diligence services

Administrative fees vary by project. For a clear breakdown of the fee for your specific investment opportunity, please contact us directly.

* The administrative fee is not applied toward the minimum qualifying investment for immigration purposes and is non-refundable. Specific fees and terms may vary by project and are outlined in the applicable offering documents. Investors should consult their attorney and review the Private Placement Memorandum (PPM) before making any financial commitment. Source: USCIS EB-5 Policy Manual – Volume 6, Part G, Chapter 2, https://www.uscis.gov/policy-manual/volume-6-part-g-chapter-2

To qualify for the EB-5 Immigrant Investor Program, you must have invested — or be actively in the process of investing — the full required amount at the time your petition (Form I-526E) is filed.

While some investors begin transferring funds in stages, USCIS generally expects that:

• The full capital amount (either $800,000 or $1,050,000) is committed and traceable
• You are actively engaged in the process of investing at the time of application
• You can demonstrate the lawful source and path of funds for the full investment

Not all EB-5 investments are structured to permit partial or delayed funding, so it is essential that you work with your immigration attorney to ensure your investment meets EB-5 program requirements and gives you the strongest chance of approval.

•  Form I-526E petition approval: Can generally range from 3–24 months, though times may vary.
• Conditional green card issuance: Once your I-526E is approved and a visa is available, you can apply for your 2-year conditional green card, allowing you and your family to live, work, and study in the U.S
• Permanent green card: After maintaining your investment and meeting job creation requirements, you may file to remove conditions (Form I-829) at the end of your 2-year conditional period. If approved, you will receive a 10-year permanent resident card. This card can be easily renewed every 10 years, similar to renewing a passport—no need to reapply for your green card from scratch.

Some EB-5 projects located in a designated Rural Targeted Employment Area (TEA), may qualify for priority processing, offering faster timelines and earlier access to U.S. permanent residence.

**Processing times are subject to change. You should consult with an experienced immigration attorney for personalized guidance based on your situation and nationality.

An EB-5 investment benefits multiple groups:

• You and Your Family: If your application is approved and program conditions are met, you and your qualifying family members may receive lawful U.S. permanent residency (a green card), with the freedom to live, work, and study anywhere in the country.
• The U.S. Economy: Helps fund projects that create jobs and stimulate economic growth in communities across the United States.
• American Workers: Each EB-5 investment is required to create or preserve at least 10 full-time U.S. jobs, providing opportunities in sectors like construction, hospitality, and services.
• Project Developers and Local Businesses: EB-5 investments provide important funding for projects that may not otherwise receive traditional financing, helping to advance development, infrastructure, and innovation.

Note: All EB-5 investments must be “at risk” and comply with USCIS requirements. Please consult with an immigration attorney and a financial advisor before making any investment decisions.

Civitas has a proven track record, achieving a 100% approval rate on all EB-5 projects submitted to USCIS across its 50+ investment funds. By using Regional Centers it owns or partners with, Civitas structures most of its funds as limited partnerships, enabling investors to meet EB-5 requirements without active business management. To support compliance and investor confidence, Civitas provides clear legal documentation and regular updates to both investors and USCIS throughout the lifecycle of the EB-5 investment and immigration process.

Yes. If you are currently in the U.S. on a nonimmigrant visa such as H-1B, F-1, or other visa, you can still apply for an EB-5 visa by filing the I-526 petition and will likely be able to get many of the immigration benefits faster than if you were applying from abroad.

Concurrent filing (also known as “adjustment of status”) lets you submit your EB-5 petition (Form I-526E) and your green card application (Form I-485) at the same time. This means you can stay in the U.S. while your case is processed and may receive work and travel permits within a few months. It's a faster, more flexible path to starting your life in the U.S. while your EB-5 application is underway.

It’s important to consult with an immigration attorney to understand the best strategy for your situation.

A Regional Center is an organization designated by USCIS to sponsor EB-5 investment projects. Regional Centers help pool EB-5 capital from multiple investors to fund large-scale projects, often making it easier to meet job creation requirements through indirect and direct jobs. Investing through a Regional Center can offer additional flexibility in meeting EB-5 program criteria.

The EB-5 program offers a powerful opportunity for foreign nationals seeking permanent residency in the U.S. through investment. While it does involve significant financial commitment, investment risk, and a complex immigration process, it has helped thousands to achieve their immigration and lifestyle goals. Success depends on meeting USCIS requirements, including job creation and investing in a qualifying project. It’s important to carefully consider your personal, financial, and immigration goals. We’re excited to help you explore whether the EB-5 program is the right path for you and your family.