US EB-5 Investor Visa

What is EB-5?

The EB-5 Immigrant Investor Visa Program grants conditional Green Cards to non-US investors who invest in a US business creating at least 10 full-time jobs. Real estate-linked Regional Centers are the most common path — investors pool capital into developments, with the Regional Center managing job creation tracking.

After 2 years, conditions are removed and investors receive permanent Green Cards (10-year renewable). After 5 years total, eligible for US citizenship.

Investment amounts

• $1,050,000 — Standard investment
• $800,000 — Targeted Employment Area (TEA): Rural, High-Unemployment, or Infrastructure

Most Chinese applicants invest in TEA Regional Centers since the lower threshold + set-aside visa categories mean faster processing.

Family included

The principal investor + spouse + unmarried children under 21 all receive Green Cards under the same petition. Children can attend US public schools at in-state tuition rates upon receiving the visa.

Job creation requirement

The investment must create or preserve 10 full-time US jobs. Direct EB-5 (own a business) requires direct employees. Regional Center EB-5 (most common) allows indirect/induced jobs counted via economic models — far easier to meet for real estate development projects.

Timeline (Chinese applicants)

Historically Chinese applicants faced 5-10 year waits due to per-country limits. The 2022 Reform Act created set-aside visa categories that may bypass these limits:

• Rural TEA: 20% set-aside, currently no backlog for China
• High-Unemployment TEA: 10% set-aside
• Infrastructure: 2% set-aside
• Standard EB-5: still subject to 7+ year backlog for China

Realistic timeline for set-aside categories: 24-36 months from investment to conditional Green Card.

Source-of-funds requirement

EB-5 requires extensive documentation of how the investment funds were lawfully earned and transferred from China. Common sources:

• Salary and bonus history (5+ years)
• Business profits with tax documentation
• Real estate sale proceeds
• Inheritance or family gift (with donor's source-of-funds)
• Stock or business sale

Currency transfer through China's $50,000/year individual limit requires creative structuring — typically multi-year planning with a US attorney.

Risks to understand

• Investment is at risk — capital loss is possible
• Regional Center fraud has occurred — diligence is critical
• If the project fails to create 10 jobs, conditional Green Card not lifted
• Conditional Green Card removal requires separate I-829 petition (24+ months after I-526 approval)