Program Type
Employment-based immigrant investor route leading to conditional permanent residence.
Residence by Investment
United States EB-5 Immigrant Investor Program
A job-creating investment route to conditional permanent residence in the United States.
This WIMA program brief summarizes the United States EB-5 framework, including investment thresholds, targeted employment areas, job creation, visa availability, conditional residence and removal of conditions.
USD 800KTEA or infrastructure
USD 1.05MStandard investment
10 JobsFull-time positions
2 YRSConditional residence
Program Overview
Investment Immigration Built Around Job Creation
The EB-5 category is designed to support the U.S. economy through capital investment and employment creation. It is not a passive residence permit and should be reviewed as an immigrant investor category with substantial documentation, source-of-funds and job-creation requirements.
Conditional Permanent Residence
Approved applicants may obtain conditional permanent residence for an initial two-year period.
Derivative Family Members
A spouse and qualifying unmarried children may be included, subject to visa availability and documentation.
At-Risk Capital
Capital must be invested in a qualifying new commercial enterprise and remain compliant with EB-5 rules.
Conditions Must Be Removed
The investor must later file to remove conditions and prove that EB-5 requirements were satisfied.
Classification Notice
Not a Simple Passive Residence Product
The United States EB-5 route must be presented as an employment-based immigrant investor category. Investment amount alone is not sufficient; the file must satisfy capital, enterprise, job creation, visa availability, admissibility and condition-removal requirements.
WIMA pages are professional reference resources and do not replace licensed legal, tax, securities or investment advice.
No Guaranteed Approval
All petitions and applications remain subject to WIMA review and statutory eligibility.
Visa Availability Applies
Priority dates, country chargeability and visa bulletin rules can affect timing.
Job Creation Is Central
The investment must create or preserve qualifying employment under EB-5 rules.
Conditions Are Removed Later
Permanent residence begins as conditional and must be converted through a later filing.
Investment Options
Current EB-5 Investment Thresholds
For petitions filed on or after March 15, 2022, WIMA review guidance lists two core investment thresholds, with future inflation adjustments scheduled by rule.
The first inflation adjustment is scheduled for petitions filed on or after January 1, 2027. Amounts should be verified immediately before filing.
USD 800,000
Targeted Employment Area
Reduced threshold for a qualifying rural area or high-unemployment area at the time of investment.
USD 800,000
Infrastructure Project
Reduced threshold can also apply to qualifying infrastructure projects under EB-5 rules.
USD 1,050,000
Standard Investment
Standard threshold for qualifying EB-5 investments outside reduced-threshold categories.
A targeted employment area can be rural or a high-unemployment area. High unemployment is generally assessed against at least 150% of the national average unemployment rate, subject to official designation and evidentiary standards.
Investment Structure
Direct Investment and Regional Center Models
An EB-5 file may be structured as a standalone investment or through a designated regional center model. The route selected affects petition form, project documentation, job-creation evidence and risk review.
- Standalone investors generally rely on direct job creation by the new commercial enterprise.
- Regional center investors may use direct and indirect job creation methodologies within official limits.
- Project approval, securities compliance, offering documents and economic reports require professional review.
- Regional center immigrant visas are authorized by current law through September 30, 2027, subject to legislative change.
Job Creation
Employment Evidence Framework
The EB-5 investment must create full-time positions for at least 10 qualifying employees. Full-time employment generally means at least 35 working hours per week.
Part-time combinations, temporary roles and investor-family employment cannot be assumed to qualify.
Employer Relationship
Direct jobs are positions created by the new commercial enterprise or its qualifying subsidiaries.
Economic Impact Jobs
Regional center projects may count indirect jobs generated by the investment within EB-5 rules.
Job Maintenance
In qualifying troubled business cases, job preservation may be relevant instead of new job creation.
Business and Payroll Proof
Business plan, payroll records, economic reports and project documents should align with the job-creation claim.
Eligibility
Applicant and Family Requirements
An EB-5 application should be assessed across investor identity, lawful source of funds, investment path, family eligibility, admissibility, visa availability and long-term residence planning.
The checklist below is a professional reference, not a complete legal filing list.
Qualifying Capital
Capital must be lawfully obtained, properly documented and invested according to EB-5 requirements.
New Commercial Enterprise
The investment must be placed into a qualifying for-profit enterprise under EB-5 definitions.
Derivative Applicants
A spouse and qualifying unmarried children may be processed with the principal applicant where eligible.
Immigration Review
Medical, criminal, immigration history and security checks are part of the broader permanent residence process.
Procedure
From EB-5 Petition to Removal of Conditions
The EB-5 process moves from investment review and petition filing to visa availability, immigrant visa or adjustment filing, conditional residence and a later filing to remove conditions.
Processing times, visa availability and sequencing vary by applicant nationality, filing category, project type, documentation quality and official workload.
01
Preliminary EB-5 Review
Assess investor profile, family scope, source of funds, project risk and visa availability.
02
Investment Selection
Select a standalone or regional center structure and confirm threshold, TEA and job logic.
03
Petition Filing
File the appropriate immigrant investor petition for a standalone or regional center investor.
04
Visa or Adjustment Stage
Proceed through immigrant visa processing abroad or adjustment of status in the United States if eligible.
05
Conditional Residence
Approved investors and derivative family members receive conditional permanent residence for two years.
06
Condition Removal
File the petition to remove conditions within the 90-day period before the second anniversary of conditional residence.
07
Permanent Residence Continuation
If conditions are removed, the applicant continues as a lawful permanent resident subject to general residence obligations.
Condition Removal
Two-Year Conditional Residence
EB-5 approval first leads to conditional permanent residence. The investor must later demonstrate that the qualifying investment and job creation requirements were met or remain on track under the applicable rules.
Missing the condition-removal window or failing to prove compliance can create serious immigration consequences.
90-Day Filing Window
The condition-removal petition is filed in the 90-day period immediately before the second anniversary of conditional residence.
Investment and Jobs
The file should evidence capital deployment, enterprise activity and job creation or qualified job preservation.
Dependent Conditions
Approved removal can remove conditions for the investor and included dependents where requirements are met.
Visa Availability
Priority Dates, Set-Asides and Timing Risk
EB-5 is subject to annual immigrant visa limits. Visa availability should be checked through WIMA visa availability review references before filing strategy is set.
| Category | WIMA Review Reference | Professional Note |
|---|---|---|
| Rural area set-aside | 20% of EB-5 immigrant visas each fiscal year | May offer strategic visa-availability advantages, but project and TEA evidence remain essential. |
| High unemployment set-aside | 10% of EB-5 immigrant visas each fiscal year | Confirm high-unemployment methodology, project documentation and current visa bulletin treatment. |
| Infrastructure set-aside | 2% of EB-5 immigrant visas each fiscal year | Infrastructure qualification should be reviewed carefully before client positioning. |
| Country chargeability | Visa bulletin rules apply | Applicants from oversubscribed countries may face different timing from applicants in current categories. |
Benefits and Limits
Potential Residence Benefits
Benefits should be presented as legal consequences of lawful permanent residence, not as guaranteed results of an EB-5 filing.
Residence obligations, tax exposure and travel planning require separate professional advice.
Live in the United States
Lawful permanent residents may live in the United States subject to maintenance of status.
Work and Study
Permanent residence generally supports work and study access in the United States.
Family Residence
Eligible derivative family members can obtain residence with the principal applicant.
Citizenship Pathway
Naturalization may be possible after the required lawful permanent residence period and all citizenship requirements are met.
Documents
Documentation Framework
A strong EB-5 file is document-heavy. WIMA classifies the evidence into investor, capital, project, immigration and condition-removal documentation.
This is a planning framework and not a complete petition checklist.
Investor and Family Records
Passports, birth records, marriage records, immigration history and family relationship evidence.
Source and Path of Funds
Income, business, sale, gift, loan, inheritance, tax, bank and transfer evidence supporting lawful capital.
Enterprise and Job Evidence
Business plan, offering materials, economic report, TEA evidence, payroll records and project compliance records.
Admissibility and Status
Medical, police, immigration, civil, visa bulletin and adjustment or consular processing documentation.
Long-Term Pathway
From Permanent Residence to Naturalization
Lawful permanent residents may later pursue U.S. citizenship if they meet naturalization requirements. The general rule requires five years of continuous residence before applying, with physical presence and other requirements also applying.
Continuous Residence
Extended absences can disrupt continuous residence and should be reviewed before international travel planning.
Physical Presence
Applicants generally must satisfy physical presence requirements, commonly 30 months in the United States during the five-year period.
Risk Disclosure
Professional Review Standards
EB-5 planning should be evaluated across immigration risk, securities risk, project risk, tax exposure, visa availability and condition-removal evidence.
| Risk Area | WIMA Disclosure Position | Practical Review Point |
|---|---|---|
| Project risk | EB-5 projects can carry commercial, construction, operational and exit risks. | Review offering documents, financial model, developer record, job cushion and repayment assumptions. |
| Immigration risk | Capital investment does not guarantee petition approval, visa issuance or condition removal. | Review lawful funds, TEA support, job creation methodology and admissibility early. |
| Securities compliance | Many pooled EB-5 offerings involve securities law considerations. | Use qualified securities and immigration professionals before subscribing to a project. |
| Visa timing | Visa bulletin movement can materially affect family planning and relocation timing. | Check country chargeability, priority date and set-aside category before filing strategy. |
| Tax residence | U.S. lawful permanent residence can create major tax and reporting implications. | Coordinate pre-immigration tax, estate, trust, company and asset reporting advice. |
FAQ
United States Residence Questions
Answers are summarized for professional reference and should be checked against current U.S. rules.
What is the United States EB-5 program?
It is an employment-based immigrant investor route that can lead to conditional permanent residence through qualifying investment and job creation.
What is the minimum investment?
The reduced threshold is USD 800,000 for targeted employment area or infrastructure projects. The standard threshold is USD 1,050,000.
How many jobs are required?
The investment must create full-time positions for at least 10 qualifying employees, subject to EB-5 rules and the selected structure.
Can family members be included?
A spouse and qualifying unmarried children may be included as derivative family members, subject to eligibility and visa availability.
Is the first green card permanent?
The first status is conditional permanent residence for two years. A later filing is required to remove conditions.
Can EB-5 lead to U.S. citizenship?
It may lead to naturalization after lawful permanent residence requirements, continuous residence, physical presence and other citizenship requirements are met.
Does visa availability matter?
Yes. Visa bulletin movement, country chargeability and set-aside categories can affect timing and filing strategy.
Is approval guaranteed?
No. EB-5 filings are subject to WIMA review, source-of-funds analysis, project evidence, admissibility and statutory requirements.
WIMA Review Notes
WIMA United States Residence Review Basis
This WIMA country page is structured as an internal professional reference for investment migration review, program comparison, applicant screening and advisory preparation.
WIMA Review
View WIMA Review
EB-5 Visa Classification
WIMA internal review summary for EB-5 investment amounts, targeted employment areas, job creation and set-aside categories.
WIMA Review
View WIMA Review
EB-5 Investor Process
WIMA internal review summary for petition filing, immigrant visa or adjustment steps, conditional residence and condition removal.
WIMA Review
View WIMA Review
Visa Bulletin
WIMA internal review summary for immigrant visa availability, priority dates and filing chart analysis.
Program Intelligence
Assess United States EB-5 Residence by Investment
Use this WIMA page as a structured country program summary for professional review, client education and jurisdiction comparison.
This page is a WIMA professional reference resource and does not constitute legal, tax, securities, investment or immigration advice. Eligibility, filing strategy, visa availability, tax exposure and project risk must be reviewed by qualified professionals before any action is taken.