EB-5 Immigrant Investor Visas — Permanent Residency Through U.S. Investment

What Is the EB-5 Immigrant Investor Program?

The EB-5 program allows qualifying investors to seek permanent residence by making a qualifying investment in a new commercial enterprise that satisfies federal immigration requirements. Eligible spouses and unmarried children under 21 may also obtain immigration benefits through the investor’s petition.

Unlike temporary investor visas, EB-5 is an immigrant visa category that can ultimately lead to lawful permanent residence and, if all requirements are met, the removal of conditions on that residence.

Current Investment Thresholds

Current investment thresholds established by USCIS are:

• $800,000 for qualifying Targeted Employment Area (TEA) or qualifying infrastructure investments.
• $1,050,000 for investments outside a Targeted Employment Area.

These amounts are established by federal law and may be adjusted in the future. Investment eligibility should always be confirmed using the current USCIS requirements before filing.

Direct Investment vs. Regional Center Investment

One of the first decisions in an EB-5 case is whether to pursue a direct investment or invest through a USCIS-designated Regional Center. Each option has different operational, evidentiary, and job creation considerations.

The appropriate structure depends on the investor’s goals and the specific project involved.

Job Creation Requirements

An EB-5 investment generally must create at least 10 qualifying full-time jobs for U.S. workers. Depending on the investment structure, job creation may be measured differently, making documentation an important part of the petition.

Source of Funds Documentation

Demonstrating the lawful source and path of investment funds is one of the most demanding aspects of an EB-5 case.

Evidence may include business records, tax returns, employment records, property sale documents, bank statements, inheritance records, gift documentation, and other financial evidence showing how the investment capital was lawfully obtained and transferred.

EB-5 Process Timeline

Most EB-5 cases involve filing Form I-526E, obtaining conditional permanent residence after approval and visa availability, and later filing Form I-829 to remove conditions by demonstrating continued compliance with the program requirements.

How Takhsh Law Approaches EB-5 Cases

EB-5 petitions are among the most document-intensive matters in employment-based immigration. A successful petition requires more than demonstrating that an investment has been made. It also requires carefully organized evidence, a clear explanation of the investment structure, and comprehensive documentation tracing the lawful source and transfer of investment funds. Because each investor’s financial background is different, every EB-5 case demands an individualized strategy.

Our firm works closely with clients to prepare detailed immigration filings, organize source-of-funds documentation, develop a persuasive legal narrative, and assemble supporting evidence that satisfies USCIS requirements. We also assist with responding to Requests for Evidence (RFEs) when necessary and provide guidance throughout each stage of the immigration process. Our objective is to present a well-prepared, thoroughly documented petition that accurately reflects the client’s eligibility while helping them understand what to expect from filing through the completion of the EB-5 process.

What We Do Not Do

Takhsh Law, P.C. provides legal representation for the immigration aspects of EB-5 petitions. We do not recommend or endorse specific Regional Centers, evaluate the financial performance or viability of investment projects, provide securities or investment advice, or advise clients on whether a particular investment opportunity is financially appropriate. Those decisions involve financial, tax, and business considerations that fall outside the scope of immigration law.

We encourage every EB-5 investor to perform thorough due diligence and consult with qualified financial advisors, accountants, and securities professionals before making an investment decision. Once an investment strategy has been selected, our role is to help ensure that the immigration petition is accurately prepared, properly documented, and supported by the evidence required under federal immigration law.

Frequently Asked Questions