USA EB 5 Visa Requirements: Everything Investors Must Know

Are you an international investor seeking permanent residency in the U.S.? Understanding the USA EB 5 visa requirements is the essential first step. A swift pathway to obtaining a green card is presented by the EB-5 program via investments that foster job creation and strengthen the American economy.

Nevertheless, in addition to capital, a solid investment strategy, compliance with United States Citizenship and Immigration Services (USCIS) regulations, and well-prepared documentation are required for a successful application.

This guide gives you a clear and simple overview of the USA EB 5 visa requirements, along with key updates for 2025 and step-by-step advice to help you move forward with confidence.

1. What is the EB‑5 Visa?

The EB-5 Immigrant Investor Program helps foreigners get a U.S. Green Card by investing in a U.S. business that creates at least 10 full-time jobs for American workers.

Congress created the program in 1990 to boost the U.S. economy with foreign investment and job opportunities. In 1992, the program expanded to include the Regional Center Program, which lets investors join government-approved projects that help economic growth.

Key Benefits:

• Green cards for you, your spouse, and unmarried children under 21
• No need for sponsorship, job offer, or language/education qualifications
• Live, work, study, or retire anywhere in the U.S.
• Access to top-tier healthcare, education, and lifestyle
• Direct pathway to U.S. citizenship after 5 years of permanent residency

2. Who is Eligible for the EB‑5 Visa?

• Citizens of any country (except those under U.S. sanctions)
• 18 years or older (minors may apply with a legal guardian managing the investment)
• Able to prove lawful source of funds (e.g. income, business profits, real estate sales, inheritance)
• Invest individually or through a Regional Center (USCIS-approved for pooled projects)

Applicants must meet USA EB 5 visa requirements regardless of nationality or profession, including the lawful source of capital and commitment to job creation in the U.S.

3. USA EB 5 Visa Requirements

To get a green card through the EB-5 visa, you must meet several important rules. Below are the key US EB 5 visa requirements every investor needs to follow.

Discover the USA EB 5 Visa Requirements before you apply

3.1. Minimum Investment Amount

The USA EB 5 visa requirements specify a minimum investment of $1,050,000 in a new business company in the United States. This barrier, however, might be decreased to $800,000 if created in a Targeted Employment place (TEA), which USCIS defines as a rural region or a place with high unemployment (at least 150% of the national average).

• The $1,050,000 investment is for economically robust areas with a reduced demand for employment development. This includes projects like technological startups, private medical practices, and high-end restaurants.
• In contrast, a Targeted Employment Area (TEA), which is a rural site or an area with substantial unemployment, allows for a $800,000 investment. All are intended to stimulate growth in underserved places.

3.2. Job Creation Requirement

One of the core USA EB 5 visa requirements is creating or preserving at least 10 full-time jobs for qualifying U.S. workers within two years of receiving conditional permanent residency. In some cases, USCIS may grant a one-year extension to meet this requirement.

To qualify, jobs must be:

• Full-time: Minimum 35 hours per week
• Permanent: Lasting at least two years (not seasonal or temporary)
• Held by eligible U.S. workers: Citizens, lawful permanent residents, or individuals authorized to work in the U.S.

Under EB 5 visa requirements USA, job categories include:

• Direct jobs: Created within the business receiving EB-5 funds (required in Direct Investment cases)
• Indirect jobs: Resulting from project impact, such as construction or supply chain roles - primarily used in Regional Center projects.

3.3. Investment Type: Direct vs. Regional Center

To meet US EB 5 visa requirements, investors must choose between two types of investments: Direct Investment or Regional Center Investment. Both options differ in terms of management responsibilities and job creation strategies, but both can lead to a green card.

• Direct Investment The investor directly manages the business and must create 10 direct full-time jobs.
• Regional Center investment funds are invested in large-scale projects managed by USCIS-approved Regional Centers, allowing passive participation and including indirect or induced job creation.

3.4. Lawful Source of Funds

USA EB 5 Visa Requirements for green card through investment

One of the essential USA EB 5 visa requirements is proving that your investment capital was legally and traceably acquired. USCIS strictly enforces this to prevent money laundering and ensure that all EB-5 investments are legitimate.

This requirement involves providing a clear paper trail showing the legal origin of your funds - whether from earnings, inheritance, business profits, or gifts.

Accepted proof of lawful funds includes:

• Financial statements and bank records
• Tax returns (usually 3–5 years)
• Property sale documents
• Business ownership records

3.5. Active Involvement or Management

While EB‑5 investors are not required to manage daily business operations, US E5 visa requirements state that they must have a meaningful role in the enterprise’s policy-making or strategic direction. This ensures that the investment is not purely passive.

This involvement, even if minimal, satisfies USA EB 5 visa requirements for investor engagement and avoids classification as a purely financial contributor.

3.6. New Commercial Enterprise

USA EB 5 requirements specify that investors must place capital into a New Commercial Enterprise (NCE)—a for-profit, lawful business formed on or after November 29, 1990. If the business was created earlier, it must be restructured or expanded in a way that increases either its net worth or number of employees by at least 40%.

An NCE can take various legal forms, including a corporation, partnership, sole proprietorship, joint venture, or business trust. The enterprise must be actively engaged in commercial operations and structured to generate profit, in accordance with USA EB 5 visa requirements.

4. Step-by-Step Guide to Meet USA EB 5 Visa Requirements

Though the EB‑5 visa process is highly regulated and document-intensive, UOM’s expertise transforms it into a clear and manageable journey. Our end-to-end service ensures you’re never navigating it alone—from initial consultation to permanent residency.

Each stage in the process is designed to satisfy specific USA EB 5 visa requirements, from choosing a qualifying investment project to documenting job creation and legal fund origin.

4.1. Personalized Consultation

• Assess your financial profile and long-term immigration goals to determine if you meet the USA EB 5 requirements.
• Recommend suitable EB‑5 projects (direct or Regional Center)
• Outline required documentation and expected timelines

4.2. Investment & Document Preparation

• Select your project and transfer the required capital
• Work with advisors to gather and verify supporting documents
• Prepare a detailed source of funds report and complete petition package with legal partners

This phase plays a pivotal role in meeting all USA EB 5 visa requirements, especially related to lawful funds and investment structure.

Step-by-step guide to USA EB 5 Visa Requirements for applicants

4.3. Petition Filing with USCIS

• Submit the I‑526E petition (or I‑526 for direct investors) through an authorized legal team
• Monitor USCIS processing (typically 12–24 months)
• Respond to any requests for evidence (RFE) as needed

4.4. Visa Approval & Conditional Green Card Issuance

• Proceed with either adjustment of status (Form I‑485) or consular processing (Form DS‑260)
• Upon approval, receive a 2-year conditional green card for you and qualifying family members

4.5. Permanent Residency (I‑829 Filing)

• File Form I‑829 within 90 days before your conditional card expires
• Submit evidence of job creation and sustained investment
• When all EB 5 visa requirements USA are met and the petition is approved, applicants can obtain a 10-year permanent green card that can be renewed indefinitely.

5. Recent EB‑5 Policy Changes & Reform Act Overview

The EB‑5 Reform and Integrity Act of 2022 introduced key reforms to increase transparency, investor protection, and program efficiency in the USA EB 5 visa requirements. Notably, it created visa set-asides for priority categories: 20% for rural areas, 10% for high-unemployment areas, and 2% for infrastructure projects—helping qualified investors avoid backlogs.

The Act also reauthorized the Regional Center Program through September 30, 2027, ensuring continuity for indirect investment routes.

To meet US E5 visa requirements, USCIS now uses stricter audits, background checks, and asks for more transparency with investment funds. Projects that support national interests may also get faster processing.

Conclusion

Understanding the USA EB 5 visa requirements is the first step toward more than immigration—it’s a gateway to opportunity, stability, and a better future. From top-tier education for your children to financial security for your family, EB‑5 can truly change lives.

With UOM as your partner, the path becomes clearer. We help you navigate regulations, select the right project, and protect your investment at every stage—so you can focus on the life you’re building, not the paperwork behind it. Start with clarity. Move forward with confidence.

Connect with UOM today—your future in the U.S. starts now.