EB-5 Visa Program Overview

The EB-5 Visa: A Strategic Investment in Your American Future: The EB-5 Immigrant Investor Program offers a unique and powerful pathway to U.S. permanent residency for individuals and families seeking opportunity, stability, and global mobility. By investing in a qualifying U.S. business applicants not only contribute to U.S. economic growth and job creation but also secure green cards for themselves, their spouses, and unmarried children under 21. With no need for employer sponsorship, no lottery, and no employment or family-based petition delays, EB-5 provides unmatched flexibility and a direct route to permanent residency. For global investors, entrepreneurs, and parents planning for their children’s future, EB-5 is more than a visa—it’s a smart, strategic investment in a life of freedom, world-class education, and long-term security in the United States.

History and Purpose: The EB-5 program was created in 1990 to boost the U.S. economy through job creation and capital investment by foreign investors. In 1992, the Regional Center Program was introduced to facilitate investments in designated areas, allowing for more flexible investment options.

Current Statistics: The EB-5 program remains a popular choice for investors, with thousands of visas issued annually. Recent legislative changes have focused on improving the program's integrity and efficiency, ensuring it continues to meet its economic goals.

The minimum investment required for the EB-5 visa is either $1,050,000 or $800,000, depending on the location of the project. Investments made in rural areas or Targeted Employment Areas (TEAs)—defined as regions where the unemployment rate is greater than 150% of the national average —qualify for the reduced threshold of $800,000. These lower-tier investments often result in faster processing times for permanent residency. Our firm specializes in identifying qualifying TEA and rural investment opportunities to help clients maximize both efficiency and impact in their EB-5 journey.

Your EB-5 investment can be funded through a combination of personal savings, loans, or gifts. For example, an investor might contribute $200,000 from personal savings, receive $350,000 as a loan from relatives or friends, and accept a $250,000 gift from parents. As long as the total reaches the required $800,000 and each source is lawfully documented, the structure is acceptable. There are many creative and compliant ways to assemble the investment capital—our firm will guide you through the options and help tailor a strategy that fits your financial profile. Connect with us for a personalized consultation.

The documentation required to verify the lawful source of funds varies based on your individual circumstances. Commonly requested documents include:

• Proof of Business Ownership and Income
• Tax Returns
• Bank Statements and Financial Records
• Sale Agreements

The investment must create at least 10 full-time jobs for U.S. workers. This is a critical component of the EB-5 program, as it directly ties the investment to economic growth.

Direct investments involve active management of a business, while regional center investments allow for pooled resources and indirect job creation. Each option has its own set of advantages and disadvantages, depending on the investor's goals and involvement level.

The process begins with filing the I-526 Petition, which includes detailed documentation of the investment and its compliance with EB-5 requirements. This step is critical for establishing eligibility.

• Adjustment of Status or Consular Processing

Once the I-526/I-526E petition is approved and the priority date is current (per the Visa Bulletin), the investor proceeds to obtain conditional permanent residency:

• If residing outside the U.S.: File Form DS-260 through consular processing
• If residing within the U.S.: File Form I-485 for adjustment of status. [Can be filed even if I-526 is pending and priority date is current]

Upon approval of the I-526 Petition, investors receive a conditional green card valid for two years. This period allows the investor to fulfill the job creation requirements.

To remove conditions on permanent residency, investors must file the I-829 Petition, demonstrating that the investment has met the job creation criteria. This step is essential for obtaining permanent residency.

EB-5 (Regional Service Center) And Adjustment of Status Timelines and Process.

With over 30 years of legal practice, Shah & Kishore brings unmatched depth in handling complex immigration matters, especially in the EB-5 and multinational investor categories. This longevity translates into nuanced understanding of evolving laws, USCIS trends, and strategic foresight. We are not just a facilitator but a crucial partner in navigating the complex legal landscape of U.S. immigration for EB5 laws. Here’s why our role is indispensable for investors:

• Regulatory Compliance and Risk Mitigation Our law firm stays abreast of policy changes, interpret complex legal texts, and advise clients on potential risks, thus safeguarding against unforeseen legal challenges.


• Complexity and Expertise Most EB5 investors often have diverse and complex financial portfolios. Our attorney with expertise in EB-5 cases can untangle these complexities to ensure that the source of investment funds is clearly documented and meets the U.S. Citizenship and Immigration Services (USCIS) requirements. This is vital, as any discrepancies can lead to delays or denials.


• Documentary Preparation and Legal Advocacy The EB-5 process requires extensive documentation. Our 20-member team delivers personalized, high-touch service while managing the scale and complexity of multi-party documentation and compliance.


• Strategic Business Insight We don’t just process visa we align immigration strategy with business goals. Whether structuring an EB-5 investment, advising on source of funds, or coordinating with tax and corporate counsel, Shah & Kishore acts as a strategic partner, not just a legal advisor.


• Global Reach & Cultural Fluency With offices in Washington D.C., Colombia, and India, we serve clients across continents with jurisdictional expertise and cultural understanding. Our global infrastructure supports high-net-worth individuals, entrepreneurs, and corporations navigating cross-border immigration and investment.