EntryNest
Check eligibility

EB-5 · Investment · Self-petition

EB-5 Investor Green Card

EB-5 grants permanent residence to foreign nationals who invest in a qualifying U.S. enterprise that creates at least ten full-time jobs for U.S. workers. The EB-5 Reform and Integrity Act of 2022 restructured the program, introducing set-aside visas for rural, high-unemployment, and infrastructure projects — which currently avoid the general EB-5 backlog for Indian and Chinese investors.

Check my eligibility All pathways
EB-5 Investor Green Card — U.S. Green Card pathway

Who qualifies

You qualify if you invest either $800,000 in a Targeted Employment Area (rural or high-unemployment) or $1,050,000 in a standard commercial enterprise, place the funds at risk, and generate at least 10 full-time direct or indirect U.S. jobs. Source of funds must be lawful and fully documented.

Eligibility requirements

  • Investment of $800,000 (TEA — rural or high-unemployment) or $1,050,000 (standard).
  • Funds placed at risk in a new commercial enterprise (or troubled business).
  • Creation of at least 10 full-time (35+ hours/week) U.S. jobs within 2 years.
  • Fully lawful source of funds, documented through a source-of-funds narrative.
  • Applicant admissible under INA §212(a).

Step-by-step process

  1. 1

    Project selection

    Choose a USCIS-designated Regional Center project or structure a direct EB-5 investment. Regional Centers dominate current filings.

  2. 2

    Source-of-funds documentation

    Assemble a comprehensive narrative tracing every dollar of the investment amount back to its lawful source — often the most time-consuming step.

  3. 3

    I-526E petition

    File I-526E after investment is committed. Processing 18–30 months absent set-aside; faster for rural set-aside cases (12–24 months).

  4. 4

    Concurrent I-485 (if in U.S.)

    Since REIA 2022, concurrent I-485 filing is allowed with pending I-526E if priority dates are current — grants immediate EAD and Advance Parole.

  5. 5

    Conditional green card

    2-year conditional residence issued on approval.

  6. 6

    I-829 removal of conditions

    File Form I-829 in the 90-day window before the 2-year card expires, showing investment was sustained and 10 jobs created.

Required documents

  • Detailed source-of-funds narrative with bank records, tax returns, business valuations, property sale deeds, gift agreements
  • Investment subscription agreement, escrow release, capital contribution evidence
  • Business plan meeting Matter of Ho standards (economic and market analysis)
  • For Regional Centers: I-956 approval evidence, offering memorandum, economist report
  • For direct EB-5: payroll records, tax filings, corporate documents
  • Passport, birth certificate, police clearances

Processing times

I-526E currently runs 18–30 months for non-set-aside cases; 12–24 months for rural set-aside. Concurrent I-485 filing (if in the U.S.) grants immediate EAD/AP. Conditional green card is issued 2 months to a year after I-526E approval depending on consular scheduling. I-829 (removal of conditions) takes 24–48 months to adjudicate.

Costs and fees

Investment (TEA — rural or high-unemployment)$800,000
Investment (standard)$1,050,000
I-526E filing fee$11,160
Integrity Fund fee$1,000 per investor
Regional Center administrative fee$50,000–$70,000 (typical)
Attorney fees$25,000–$60,000 for full EB-5 representation
I-485 package (if AOS)$1,440
I-829 removal of conditions$9,525

Pros and cons

Pros

  • Self-petition — no employer, no PERM, no family sponsor.
  • Whole family qualifies as derivatives on one investment.
  • Set-aside visas (rural, high-unemployment, infrastructure) currently bypass backlogs for India and China.
  • Concurrent I-485 filing grants immediate work and travel authorization for investors already in the U.S.

Cons

  • Substantial capital commitment with real business risk.
  • Source-of-funds documentation is extensive and time-consuming.
  • Regional Center project quality varies enormously; due diligence essential.
  • Failure to create 10 jobs by I-829 stage results in loss of permanent residence.

Frequently asked questions

What is a Targeted Employment Area (TEA)?+

A TEA is either a rural area (population under 20,000, outside a metropolitan statistical area) or a high-unemployment area (unemployment 150%+ of the national average). Investment in a TEA project reduces the required investment from $1,050,000 to $800,000.

What are the EB-5 'set-aside' visas?+

REIA 2022 reserves 20% of annual EB-5 visas for rural projects, 10% for high-unemployment projects, and 2% for infrastructure projects. These set-aside categories currently have no backlog for Indian and Chinese investors, unlike the general EB-5 pool.

How do I document lawful source of funds?+

Trace every dollar of the required investment amount back through bank statements, tax returns, business earnings, property sales, gifts, inheritance, or loans. USCIS wants a clear, complete audit trail — vague or partial documentation is the top denial reason.

What is a Regional Center and why do most investors use one?+

USCIS-designated Regional Centers pool EB-5 capital into larger real-estate or business projects, allowing investors to count both direct and indirect job creation. Most investors choose Regional Centers because they simplify job-creation compliance compared to direct investment.

Can I get my money back after I-829 approval?+

Only after the investment period ends and the sustainment requirement is met, per the project's operating agreement. Many Regional Center projects have exit horizons of 5–7 years. There is no guaranteed return of capital.

EntryNest tools that help

  • Use the Risk Analyzer to score source-of-funds documentation completeness.
  • Use the Document Review tool to test your business plan against Matter of Ho requirements.
  • The Timeline Planner projects I-526E, I-485, and I-829 windows for set-aside vs standard filings.