EB-5: Employment Based Immigration – Immigrant Investor Program

Congress created the Immigrant Investor Program, also known as the EB-5 program, in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.

Eligibility

To qualify for the EB-5 program, a foreign investor must make a minimum capital investment into a new commercial enterprise that creates and/or preserves permanent full-time employment for at least 10 qualified U.S. workers.

You may be eligible to be classified as an EB-5 immigrant investor if you:

  • Invest in a new commercial enterprise, which is any for-profit activity formed for the ongoing conduct of lawful business that was either:
    • Established after Nov. 29, 1990; or
    • Established on or before Nov. 29, 1990; that was:
      • Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or
      • Expanded through the investment so that a 40% increase in the net worth or number of employees; or
  • Invest the required minimum amount of capital: $1,050,000 for standard investments or $800,000 for investment in a commercial enterprise principally doing business in a targeted employment area or in a regional center-associated infrastructure project. For petitions filed before March 15, 2022, the two amounts were $1,000,000 for standard investments or $500,000 for investments in a targeted employment area.

Please visit the E-B Immigrant Investor page for more information.

How to File

You must:

USCIS strongly recommends that you also visit the EB-5 filing tips page.

Want status updates about your case? Learn how to create a USCIS online account to stay informed.

After You File

Once USCIS receives your form, you will receive a:

  • Receipt notice confirming USCIS received your petition;
  • Biometric services notice, if applicable;
  • Notice to appear for an interview, if required; and
  • Notice of USCIS decision.

Forms and Fees

  • Form I-526
  • Form I-526E
  • Find the fee information on Fees page, or use the Fee Calculator to help determine your fee.

For more information visit the USCIS links: 

https://www.uscis.gov/working-in-the-united-states/permanent-workers/em…

https://www.uscis.gov/forms/explore-my-options/eb-5-employment-based-im…

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