Fifth Preference EB-5: Immigrant Investor Program

Immigration through investment using the EB-5 fifth preference visa is one of the least complex methods you can use to come to the United States, if you can afford it. The EB-5 visa is among the best of the investor visas available in the U.S. because it is a path to permanent residence, a.k.a., a green card. Other advantages include the fact that, aside from the capital, background checks, and extensive paperwork about the business, this is one of the green card paths with the fewest personal requirements. In this article, we’ll go over the EB5 visa requirements, cost details, processing time, and more. Keep in mind that this guide offers general information based on public sources. For advice on your specific case, we strongly recommend speaking with an experienced EB-5 visa lawyer. Without further ado, let’s get right into it!

What is the EB-5 Investor Visa?

The EB-5 visa is part of the fifth preference employment-based immigration category in the United States. It was created by Congress in 1990 to stimulate the U.S. economy. The idea was simple: attract foreign investors who can bring capital into the country and create jobs for American workers. In return, investors and their immediate families can get U.S. green cards. The EB-5 visa gives a path to permanent residency through investment. It’s a great option for those who want to live in the U.S. without needing a job offer. Compared to other employment-based visas, the EB-5 has fewer personal requirements. You don’t need a job offer, a sponsoring employer, or a specific academic or professional background. But the financial requirements are strict. You must invest a large amount of money and prove that your funds come from a legal source. You also need to help create at least ten full-time jobs. The paperwork can be complex, especially when dealing with foreign-language documents or proving the source of funds. Planning and professional guidance are key. If you’re considering this visa, it’s always smart to speak with an EB-5 visa lawyer.

EB-5 Visa vs. E-2 Visa: What’s the Difference?

The EB‑5 and E‑2 visas are both investment-based, but they work very differently. Understanding the key differences can help you choose the right path.

The EB‑5 visa leads to a green card. It’s available to investors from any country who meet the minimum investment and job creation requirements.

The E‑2 visa is a temporary, non-immigrant visa. It’s only available to nationals of certain treaty countries. It does not directly lead to a green card.

The investment amount is another big difference. The EB‑5 program requires at least $800,000 or $1,050,000. The E‑2 has no fixed minimum, but most successful applicants invest $100,000 or more.

With an E‑2, you must actively manage the business. The EB‑5 regional center option allows for a passive investment.

Also, the E‑2 visa must be renewed every few years. You can stay long-term, but only as long as the business remains active and profitable.

So, which should you choose? If your goal is permanent residency and you can meet the EB‑5 requirements, it’s the stronger option. If you’re from a treaty country and want flexibility, the E‑2 may be a better fit.

EB5 Visa Requirements

To qualify for an EB-5 visa, you must meet a few key requirements. These focus mostly on your investment amount, the source of your funds, and job creation.

• The first requirement is the investment amount. You must invest $1,050,000 in a U.S. business. If your project is in a Targeted Employment Area (TEA), the minimum drops to $800,000. A TEA is usually a rural area or a location with high unemployment. These areas are designated to encourage development where it’s needed most.

• Second, your investment must lead to the creation of at least ten full-time jobs for U.S. workers. These jobs must last at least two years.

• Third, you need to prove that your investment funds came from a lawful source. This includes salaries, business income, property sales, gifts, or inheritance. You’ll need solid documentation.

The source of funds requirement is one of the strictest parts of the process. You’ll have to provide detailed financial records and certified translations if any documents are not in English. Finally, working with an EB5 visa lawyer or EB5 visa attorney is strongly recommended. They can help you avoid costly mistakes and make sure your application meets every rule.

Translations for EB-5 Visa Documents

If your documents are not in English, you’ll need certified translations for your EB‑5 petition. This is a USCIS requirement and a common source of delays.

Certified translations must be accurate and complete. They should include a signed certificate from the translator stating that the translation is correct and that they are qualified to translate.

USCIS may reject your petition if the translations are incomplete, inaccurate, or missing certification. This could delay your case or even cause a denial.

Some of the most commonly translated documents in EB‑5 cases include:

• Bank statements
• Tax returns and income reports
• Property sale records
• Business licenses and registrations
• Investment contracts and transfer records
• Birth and marriage certificates

Every translated page must match the format and layout of the original. This helps USCIS understand the source and verify the content quickly. Avoid using automatic tools or uncertified translators. Even small errors can raise red flags and lead to a Request for Evidence (RFE).

To avoid problems, use a professional translation service that understands USCIS rules.
MotaWord provides fast, affordable, and 100% USCIS-compliant certified translations for all EB-5 visa documents and more. We make sure your paperwork is accurate, complete, and ready to go.

EB5 Visa Investment Options

The EB-5 program offers two main investment paths: direct investment and regional center investment. Each comes with its advantages and challenges.

A direct investment means you invest in and actively manage your own business. You are involved in day-to-day operations and are responsible for job creation. This option gives you more control, but also more responsibility. You’ll need a strong business plan and enough experience to manage it successfully.

The second option is investing through a regional center. These are USCIS-approved organizations that pool investments for larger projects. With this route, you’re not involved in daily operations. The regional center handles the business side and job creation requirements. Many investors prefer this option because it’s more passive. It also makes it easier to meet the job creation rules through indirect employment.

Each path carries some risk. Projects can fail, and job creation may fall short. That’s why due diligence is essential before choosing where to invest.

EB5 Visa Processing Time and Timeline

Here is an overview of the EB‑5 visa timeline and estimated processing time at each stage.

1. Form I‑526E (Investor Petition):

Once you file, USCIS reviews your petition and documentation. Processing can take between 24 and 36 months, depending on workload and completeness of your submission.

2. Visa Interview or Adjustment of Status:

After I‑526E approval, you apply for a visa stamp or adjustment of status. This step may take another 6 to 12 months depending on your location, visa backlogs, and embassy schedules.

3. Conditional Residency Period:

Once your visa is approved, you enter the U.S. with a two‑year conditional green card. During this stage, your investment must remain active, and job creation requirements must be met.

4. Form I‑829 (Removing Conditions):

You file this petition 90 days before the two‑year card expires. USCIS typically takes 18 to 24 months to process the I‑829.

Several factors can influence overall timing:

• Country of chargeability and backlog.
• Completeness and accuracy of your documents.
• Whether you invest directly or through a regional center.
• Legal issues, project delays, or USCIS requests for evidence.

While some investors navigate this process faster, others wait longer. Working closely with an EB5 visa attorney can help you track deadlines, stay organized, and plan accordingly.

EB5 Visa Duration and Status

After your I‑526E petition is approved and your visa is issued, you enter the U.S. with a two‑year conditional green card. This conditional status requires you to adhere to specific rules.

You must keep your investment active and maintain the job creation for the full two years. USCIS will review whether you meet these conditions when you file Form I‑829.

You can file the I‑829 petition up to 90 days before your conditional green card expires. USCIS will check if your investment is still valid and if you created or preserved at least ten full‑time jobs.

If USCIS approves the I‑829, the conditions are removed from your green card. You then become a lawful permanent resident without restrictions.

Once your green card is no longer conditional, you typically can apply for U.S. citizenship after five years of permanent residency. During that time, you must meet the general naturalization requirements, like English proficiency and good moral character.

Your conditional period and timeline may vary depending on delays, country of chargeability, or project changes. An experienced EB5 visa attorney can help you stay on schedule and avoid pitfalls.

EB5 Visa Cost Breakdown

The main cost of the EB-5 visa is the capital investment. You’ll need to invest $1,050,000, or $800,000 if the project is in a Targeted Employment Area.

On top of that, there are other fees to keep in mind. If you’re going through a regional center, expect to pay an administrative fee. This usually ranges from $50,000 to $70,000.

You’ll also need to pay for legal help, which can vary significantly depending on your case and location. USCIS filing fees are a major part of the cost. The I‑526E fee is $11,160, plus a $1,000 Integrity Fund fee, for a total of $12,160 for most initial filings. Later in the process, you must file Form I‑829 to remove conditions. The fee is $9,525, with a separate $85 biometric fee.

You may also need to make small payments for certified translations, doc prep, and courier services. Even though it’s pricey, many investors see the EB-5 visa as a reliable path to a green card for them and their family.

Choosing the EB-5 Investment Path is a Smart Move

The EB‑5 visa is one of the most direct ways to get a U.S. green card through investment. But it comes with high costs, strict rules, and a long timeline.

If you qualify, it can be a great option for gaining permanent residency for you and your family. Just make sure you understand every part of the process before moving forward.

From picking the right investment to preparing the paperwork, every detail matters. Mistakes can lead to delays or denials, and that’s the last thing you want after such a big financial commitment.

So take your time, plan carefully, and always work with experienced professionals. A qualified EB5 visa attorney and a trusted translation provider can make all the difference. With the right support, the EB‑5 path can be a smart move toward building a future in the United States. Need help translating your EB-5 documents? MotaWord provides fast, affordable, and USCIS-compliant certified translations. Trusted by immigration professionals and global investors. Get your documents translated right the first time.