Talk Clearly About the US EB-5 Investor Visa Program

Imagine you're thinking about a major life plan—exploring new possibilities for the future of you and your family. Among the many pathways to the United States, one method that often comes up in conversation is the EB-5 Immigrant Investor Program. This isn't some sort of fast track; it's a long-term plan that requires serious consideration. In simple terms, it offers you an opportunity: to obtain a U.S. Green Card through a qualifying business investment. It begins by explaining what the program is—a pathway to a Green Card based on a qualifying investment and job creation—and outlines the two main investment options and their requirements. The guide then walks through the multi-step application process, discusses the important topic of visa availability and set-aside categories, and details the tangible benefits of obtaining permanent residency, such as educational and career opportunities. Finally, it addresses common practical questions and concerns that potential applicants may have.

Part 1: What Exactly is EB-5?

You can think of EB-5 as an exchange based on "investment and job creation." The U.S. government welcomes foreign investors who can inject vitality into the American economy and create jobs. In return, the government provides permanent residency status—commonly known as a "Green Card"—to the investor and their immediate family (spouse and unmarried children under 21).

This program isn't new; it has been around for many years and has become particularly popular in recent times. The latest industry data shows that just in the first three quarters of the 2025 fiscal year, the number of applications has already surpassed the total for the entire previous year, and the approval rate for applications is also quite high, with regional center application approvals reaching around 94%. What does this tell us? It indicates that this program is real, effective, and attracts widespread attention.

Currently, there are primarily two investment options. You can see which one might better suit your situation:

Part 2: What Conditions Do You Need to Meet to Take This Path?

It might sound like the only hurdle is money? Actually, it's more than that. To embark on this path, there are several key things you must accomplish:

• Funds Must Be Committed and Lawful: You really need to come up with that amount of money to invest. More importantly, you must be able to clearly prove that this money was earned through legal channels, such as salary income, business profits, real estate transactions, or investments. Preparing detailed bank statements, tax returns, and contract documents to prove the source of funds is a crucial step in the entire process.
• Investment Must Be "At Risk": This money cannot be a "loan" to the project or have a guaranteed fixed return; it must be an equity investment that bears commercial risk. Of course, if the project ultimately succeeds, you may also receive a financial return.
• Must Create 10 Full-Time Jobs: This is the core objective of the EB-5 program. Your investment must create at least 10 full-time jobs for U.S. workers within a specified period. If you invest through a Regional Center, the method for calculating these jobs is more flexible.
• You Must Be Involved in Management: You can't just invest the money and be a hands-off investor. You need to prove that you are involved in the management of the new enterprise, whether through direct participation in day-to-day operations or having a say in major policy decisions.

Part 3: From Start to Green Card, What Steps Are Involved?

This process is like a marathon; each step must be taken firmly. We can break it down into several main stages:

1. Step One: Select a Project and Invest This is the starting point for everything. You need to spend time researching and choosing a reliable project approved by USCIS, often through a Regional Center, and then commit your funds. Choosing the right project is extremely important because it relates to whether the future job creation goals can be met.
2. Step Two: File the I-526E Immigrant Petition After the investment is made, you can formally submit your petition to U.S. Citizenship and Immigration Services (USCIS). This application package is very substantial. Its core is to prove three things to the immigration officer: your investment is real and valid, your source of funds is legal, and the project has the ability to create the 10 required jobs. Once the petition is approved, it means USCIS has preliminarily recognized your investment qualifications.
3. Step Three: Apply for Conditional Green Card After the I-526E is approved, and if your visa priority date is current (more on visa availability later), you can proceed to the next stage. If you are outside the U.S., you will need to attend an interview at a U.S. consulate. If you are already in the U.S. under another legal status, you can apply to adjust your status directly. If successful, you and your family will receive a two-year Conditional Permanent Resident status.
4. Step Four: File the I-829 Petition to Remove Conditions About 21 months after receiving the conditional green card, you need to prove to USCIS again that, over the past two years, your investment has been sustained and, crucially, that the promised 10 jobs have been substantively created. Success in this step removes the "conditions" from your green card.
5. Step Five: Obtain the Formal Permanent Green Card Once the I-829 petition is approved, congratulations! You and your family officially become U.S. permanent residents. This green card has no expiration on the status itself (though the physical card needs renewal every 10 years) and can be renewed permanently.

Part 4: An Unavoidable Topic – Visa Availability and "Set-Aside Visas"

This is a point that confuses and causes anxiety for many applicants. The number of EB-5 visas the U.S. government issues each year is limited. When the number of applicants from a particular country exceeds this quota, a waiting line forms, known as a "visa backlog."

However, there's important good news now! To encourage investment in specific areas, immigration law has established visa "set-asides." Each year, a portion of visas is specifically reserved for investors in the following three types of projects:

• Rural Area Projects
• High-Unemployment Area Projects
• Infrastructure Projects

Currently, these set-aside categories are essentially current, meaning there is little to no backlog. This implies that choosing a suitable set-aside project can significantly shorten the wait time to obtain a green card. For applicants already in the U.S. on another valid visa, choosing a set-aside project often also allows for "concurrent filing," enabling quicker access to work authorization and travel documents, providing more certainty for family planning.

Part 5: So, What Are the Tangible Benefits After Getting the Green Card?

Why are so many people willing to invest time, energy, and funds to pursue this green card? Because it offers more than just the right to reside.

• Freedom and Choice in Education: Your children can enjoy public education from elementary through high school, just like U.S. domestic students. At the university level, they can pay in-state tuition rates (typically much lower than international student rates) and are eligible for scholarships, grants, and low-interest student loans available only to U.S. residents and citizens.
• Vast Opportunities for Career Development: You are free to work for any employer anywhere in the United States, without restrictions based on visa type. Starting a business, changing careers, or switching jobs is entirely up to you. Many high-level positions, government contract jobs, and roles requiring security clearances are open only to permanent residents or citizens.
• Worry-Free Family Reunification and Travel Freedom: With a green card, you, your spouse, and children can live in the U.S. long-term and stably. You can also freely enter and exit the United States without needing a visa each time. In the future, you can petition for your parents, adults children, and siblings to immigrate.
• Social Security and Benefits: After accumulating sufficient work credits, you become eligible to receive Social Security benefits upon retirement and enroll in Medicare. You may also qualify for certain social assistance programs if needed.
• Pathway to Citizenship: After holding a green card and meeting conditions like continuous residence (typically for 5 years), you can choose to apply for U.S. citizenship, enjoying full political rights.

Part 6: What You Might Want to Know – Frequently Asked Questions

Q1: Is the EB-5 investment risky? Could the money be lost?
A: All commercial investments carry risk, and EB-5 is no exception. USCIS explicitly requires the investment to be "at risk," with no guarantee of principal return or profit. Choosing a project that has undergone rigorous due diligence, has a successful track record, and has strong commercial prospects is key to mitigating risk. The success of the green card application is also a separate matter from the security of the investment principal; these are two distinct issues.

Q2: Roughly, how long does the entire process take?
A: This is a long-term process. From filing the petition to receiving the conditional green card, if you choose a "set-aside visa" project with no current backlog, it might currently be shortened to several years. After that, it takes about two more years to remove the conditions. If you choose a non-set-aside project, the wait time for visa availability could be longer. Overall, planning for a process spanning several years from start to obtaining the permanent green card is necessary.

Q3: My family and I are not good at English. Will that affect the application?
A: Not at all. The EB-5 program has no hard requirements regarding the applicant's language skills, education, or business background. Its core requirements are the investment capital and job creation. As long as you can prove the legality of your fund sources through documentation, language is not a barrier.

Q4: If my I-526E petition is denied, can I get my investment back?
A: This depends entirely on the terms of the investment agreement you signed with the project. USCIS does not regulate the return of funds. Therefore, before investing, it is essential to have a qualified attorney review all legal documents to clearly understand under what circumstances and by what means you can recover part or all of your investment. This is paramount for protecting your rights.

Q5: After getting the conditional green card, must our whole family stay in the U.S. all the time?
A: You don't have to live there continuously, but you need to maintain the U.S. as your "permanent residence." This means you should spend most of your time living in the United States. You can leave for short periods for work, education, etc., but if you are absent for an extended period (typically over six months), you may need to explain the reason for your absence upon re-entry. If you leave for more than one year without obtaining a re-entry permit in advance, your green card may be considered abandoned.

In summary, EB-5 is a lawful pathway designed for investor families to obtain U.S. permanent residency. It is both a significant financial decision and a long-term life plan. Its value lies not in being "fast," but in being "stable" and "comprehensive." It provides you with a possibility to build a more stable and freer future platform for your family through your own efforts. Remember, before embarking on this journey, obtaining authoritative information from the official USCIS website and consulting with experienced immigration attorneys and independent financial advisors is your essential first step.

Sources and Further Reading:

• https://iiusa.org/eb5-visa-data-dashboard/?
• https://www.reuters.com/legal/legalindustry/what-investors-need-know-about-immigration-services-updated-policy-manual-eb-5-2024-09-20/?
• https://www.federalregister.gov/documents/2025/10/23/2025-19642/us-citizenship-and-immigration-services-employment-based-immigrant-visa-fifth-preference-eb-5-fee?
• https://apnews.com/article/trump-gold-card-website-live-us-visa-22edbd7e65d188bbf6c8ec1d5f78d11a
• https://eb5visainvestments.com/blog/december-2025-visa-bulletin-positive-movement-in-eb-5-final-action-dates-set-aside-categories-remain-current/?
• https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html?
• https://www.uscis.gov/archive/eb-5-questions-and-answers-eb-5-reform-and-integrity-act-of-2022-updated-april-2022?
• https://iiusa.org/blog/iiusa-report-uscis-q3-fy2025-data-highlights-record-high-i-526e-approvals-and-continued-growth-of-eb-5-demand/?
• https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program?
• https://www.uscis.gov/policy-manual/volume-6-part-g-chapter-2?
• https://www.uscis.gov/sites/default/files/document/forms/i-526e.pdf?
• https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-immigrant-investor-process?
• https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program?