What is EB-5
EB-5 is the fifth employment-based preference category. Investors earn a green card by investing in a U.S. enterprise that creates jobs. It is one of the few U.S. green card paths that requires no employer sponsorship and no special skills.
Investment thresholds
Under the 2022 EB-5 Reform and Integrity Act (RIA):
| Project type | Minimum investment |
|---|---|
| TEA (Targeted Employment Area) | $800,000 |
| Non-TEA | $1,050,000 |
TEAs cover rural and high-unemployment areas. Both categories also receive reserved visa set-asides, which is why they are currently the lower-backlog option for applicants born in mainland China.
Regional center vs. direct
- Regional center projects may count indirect and induced jobs. The vast majority of investors choose this route.
- Direct investment counts only full-time employees hired directly, which suits people running their own business.
The two-stage process
- I-526E: file proof of investment and source of funds. Once approved, apply for a conditional green card (concurrent I-485 filing is possible from inside the U.S.).
- I-829: file within the 90 days before the conditional green card expires, proving the investment was sustained and 10 jobs were created. Approval converts it to a permanent green card.
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