The designation "EB-5" refers to the Employment Based Fifth Immigrant Visa Preference for Foreign Investors who make an "at risk" investment in a new commercial Enterprise in the U.S. This program is the higher-investment immigrant visa preference, with a minimum capital investment of $1,050,000 (or $800,000 if invested in a Targeted Employment Area) — see the USCIS EB-5 program page for current amounts. The investor and their family can first apply for Conditional Residency (conditional Green Card) through the EB-5 program and then upgrade to Permanent Lawful Residence (Green Card) upon proving to U.S. Citizenship & Immigration Services (USCIS) that all EB-5 conditions and requirements have been satisfied. The EB-5 Program was created to entice foreign capital investments and to create jobs in the U.S. nationwide, including in rural or targeted employment areas with high rates of unemployment.

Overview

EB-5 is both an investment and immigration process. Capital source documentation, project structure, and job-creation analysis are central to a successful case.

Key Requirements

Investment Amount

Per the EB-5 Reform & Integrity Act of 2022, the standard minimum investment is $1,050,000, reduced to $800,000 for projects located in a Targeted Employment Area (TEA). Information current as of April 2026; verify the latest amounts at USCIS.

Employment Creation

The investment must create at least ten full-time jobs for qualifying U.S. workers under the EB-5 rules.

At-Risk Capital

The funds must be genuinely at risk for the purpose of generating a return, not merely parked or nominally committed.

Petition Filing

Filing an EB-5 petition does not by itself grant lawful status in the United States. Investors often need a separate lawful basis to enter or remain while the case is pending.

Benefits of the EB-5 Investor Visa

Provides a direct path to permanent residency for the investor and qualifying family members
No sponsorship requirements from employers or family members
Freedom to live and work anywhere in the United States
Access to public education and universities at resident costs
No minimum language requirements

Documentation Is Critical

EB-5 cases often turn on detailed proof of the lawful source and path of funds, job-creation methodology, and the structure of the underlying enterprise.

Contact Serianni Law, LLC

If you're interested in exploring the EB-5 Immigrant Investor Program, schedule a consultation to discuss requirements, investment options, and filing procedures.

EB-5 Investor Visa