By cmatthewschulz , 17 January, 2025

Immigrating Through Investment and Job Creation

EB-5 Immigrant Investor Program

By C. Matthew Schulz

The EB-5 Immigrant Investor Visa Program offers foreign investors a pathway to U.S. permanent residency through significant financial investment in the U.S. that creates or saves jobs for U.S. workers. 

This article is for people interested to invest in businesses in the United States, as well as U.S. business seeking such investment. The article discusses one of the types of permanent (green card) visas that these groups should consider.

Where you invest changes the minimum required investment and the processing time to immigrate to the U.S., as well as return on investment.

Key Requirements

American workers in factory in the US
  • Investment Amount:
    • Targeted Employment Areas (TEAs). Minimum investment of $800,000 in rural or high-unemployment areas.
    • Non-TEAs: Minimum investment of $1.05 million in other areas.
  • Job Creation. The investment must create or preserve at least 10 full-time jobs for U.S. workers.
  • Lawful Source of Funds. Investors must provide documentation proving that the investment funds were obtained through lawful means, such as salary, property sales, loans, or gifts.

Government Processing

  • Immigrant Petition by Alien Investor). Times vary, but in January 2025 when this article was written, USCIS reports approximately 29.5 to 61 months.
  • Conditional Permanent Residency. Times vary, but approximately 8 to 14 months. Note that it is sometimes possible for individuals in the U.S. to file the EB5 immigrant visa petition and conditional residence applications at the same time, assuming an immigrant visa is available.
  • Maintaining Conditional Permanent Residency. The investor must maintain the investment and fulfill the job creation requirements for two years.
  • Petition by Investor to Remove Conditions on Permanent Resident Status. Must be filed within the 90-day period before the second anniversary of obtaining conditional permanent residency. Approximately 35 to 52 months.

Inconsistent laws and government processing standards, long wait times, expensive government fees, and complex requirements make EB-5 a good path to immigrate only for limited types of immigrants.

Changes in EB-5 Law in 2023 and Visa Allocation

The EB-5 Reform and Integrity Act of 2022 introduced significant changes to the EB-5 program, which took full effect in 2023. These changes include the allocation of a limited number of EB-5 immigrant visas and the introduction of set-aside visas for specific types of investments. Savvy investors take advantage of these changes to choose investments that result in faster resident status.

Visa Allocation and Set-Aside Categories

Under the new law, 32% of the total yearly quota of EB-5 visas are reserved as set-aside visas:

  • 20% for investments in rural areas. These areas are defined as regions outside of metropolitan statistical areas (MSAs) and outside the outer boundaries of any city or town with a population of 20,000 or more.
  • 10% for investments in high-unemployment areas. These areas are defined as regions with an unemployment rate of at least 150% of the national average.
  • 2% for investments in infrastructure projects. These projects are defined as public works projects, such as roads, bridges, and utilities, that are administered by a federal, state, or local government entity.

Timing to Immigrate Based on Investment Type

Investments in these set-aside categories can lead to faster immigration processing times due to priority processing and the reserved visa quotas:

  • Rural Area Investments. These investments benefit from the highest priority processing and the largest reserved visa quota, potentially leading to faster adjudication of I-526 petitions and quicker overall immigration timelines.
  • High-Unemployment Area Investments. These investments also receive priority processing and a significant reserved visa quota, though not as high as rural area investments.
  • Infrastructure Project Investments. These investments have the smallest reserved visa quota but still benefit from priority processing, which can expedite the immigration process.

Conclusion

The EB-5 Immigrant Investor Visa Program provides a valuable opportunity for foreign investors to obtain U.S. permanent residency through significant economic contributions. By understanding the key requirements, procedural steps, and the impact of recent legal changes, investors can navigate the process more effectively and achieve their immigration goals.

For more information, please contact the author.

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