Created by Congress in 1990 under the Immigration Act, the EB-5 Immigrant Investor Program allows foreign nationals to obtain permanent U.S. residency — a Green Card — by making a qualifying capital investment in a U.S. commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

The program is administered by U.S. Citizenship and Immigration Services (USCIS). In 1992, Congress created the Regional Center Program, which allows investors to pool capital through USCIS-approved organizations and count both direct and indirect job creation — making it the most practical pathway for most investors.

On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act, 2022. This landmark legislation reauthorized the Regional Center Program through September 30, 2027, introduced new investor protections, created dedicated visa set-asides for Rural TEA projects, and established stronger oversight requirements for Regional Centers.

Unlike employment-based green cards (EB-1, EB-2, EB-3), the EB-5 program requires no employer sponsorship, no job offer, and no specific educational background. It is entirely investor-driven and independent of your employment status.

Investment Requirements

Visa Set-Asides (Annual)

Rural TEA Set-Asides May Help Investors Avoid Current EB-5 Backlogs

Investors from India, China, and other countries affected by backlogs in the unreserved EB-5 visa category may benefit from investing in Rural TEA projects such as WildAir. Rural EB-5 investments qualify for a reserved visa category that is currently current for all countries, which may allow eligible investors to avoid the longer wait times currently associated with the unreserved EB-5 visa pool. Visa availability is determined by the U.S. Department of State and is subject to change.

Select a USCIS-Approved Project

Choose a Regional Center project that meets your investment goals, risk tolerance, and immigration timeline. Verify the Regional Center is USCIS-approved and that the project has received I-956F approval.

Document Your Source of Funds

Work with your immigration attorney to document the lawful source of your investment capital. Acceptable sources include salary/wages, business income, real estate proceeds, gifts, inheritance, or loans secured by your own assets.

File Form I-526E (Regional Center Petition)

Your attorney files Form I-526E — Immigrant Petition by Regional Center Investor — with USCIS. This petition establishes your eligibility and ties your investment to the approved project. Rural TEA projects receive priority adjudication.

USCIS Adjudication & Visa Availability

USCIS reviews your I-526E petition. While pending, monitor the Visa Bulletin for visa availability. If a visa is immediately available, you may file Form I-485 (Adjustment of Status) concurrently with your I-526E.

Consular Processing or Adjustment of Status

If outside the U.S.: file DS-260 with the State Department for an immigrant visa at a U.S. consulate. If inside the U.S.: file Form I-485 with USCIS to adjust status to conditional permanent resident.

Receive Conditional Green Card (2 Years)

Upon approval, you and your spouse and unmarried children under 21 receive 2-year conditional Green Cards. You are now lawful permanent residents of the United States with full work and travel authorization.

File Form I-829 to Remove Conditions

Within the 90-day window before your 2-year conditional Green Card expires, file Form I-829 — Petition by Investor to Remove Conditions. USCIS verifies the investment was maintained and jobs were created.

Permanent, Unconditional Green Card

Upon I-829 approval, USCIS removes the conditions and issues permanent, unconditional Green Cards to you and your family. You may then apply for U.S. citizenship after 5 years of permanent residency.

Immigrant Petition by Regional Center Investor

The initial EB-5 petition filed by investors in a Regional Center project to demonstrate eligibility for the EB-5 program.

Step 1 — filed with USCIS to establish eligibility

Immigrant Petition by Standalone Investor

The initial EB-5 petition for investors pursuing a direct (non-Regional Center) investment.

Step 1 — alternative to I-526E

Application to Register Permanent Residence or Adjust Status

For eligible investors already in the United States seeking to adjust their status to conditional permanent resident (Green Card holder).

After I-526E approval (or concurrently if visa available)

Application for Immigrant Visa and Alien Registration

For investors outside the United States applying for an immigrant visa through a U.S. consulate or embassy.

After I-526E approval — filed with State Dept.

Application for Employment Authorization (EAD)

Allows eligible investors and certain family members to obtain work authorization while an adjustment-of-status application is pending.

Filed concurrently with I-485

Application for Travel Document (Advance Parole)

Allows eligible investors and certain family members to travel internationally while an adjustment-of-status application is pending.

Filed concurrently with I-485 to allow international travel

Petition by Investor to Remove Conditions on Permanent Resident Status

Filed to demonstrate that the EB-5 investment and job creation requirements have been satisfied and to obtain a permanent Green Card.

Filed within 90 days before 2-year conditional Green Card expires