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For many international investors, the United States offers not only economic opportunities but also the possibility of permanent residency. One of the most well-known programs for this is the EB-5 Immigrant Investor Visa, which allows qualified investors and their families to obtain a U.S. Green Card by making a substantial investment that creates American jobs. For many international investors, the EB-5 Immigrant Investor Program provides a secure pathway to residency while creating new opportunities in the United States.

At The Law Office of Jimena Cabrera, we understand that pursuing U.S. permanent residency is more than a legal process — it is a life-changing decision for you, your family, and your future. As an immigration attorney dedicated to guiding clients through this journey, here is an overview of the EB-5 program, its requirements, and the reforms that shape it today.

What is the EB-5 Visa?

The EB-5 Immigrant Investor Program was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Successful applicants can obtain permanent residency for themselves, their spouse, and unmarried children under 21.

The EB-5 Reform and Integrity Act of 2022

In March 2022, the EB-5 Reform and Integrity Act (RIA)was signed into law, bringing significant updates to the program. The Act reauthorized the Regional Center Program until at least 2027 and introduced stricter compliance and transparency requirements to protect investors.

Key highlights include:

• Stronger oversight of Regional Centers.
• Annual reporting and audits to prevent fraud.
• Priority processing for investments in rural areas and high-unemployment zones.
• Increased security for investors, ensuring their capital is better protected.

Investment Amount

Under the RIA, the minimum investment amounts are:

• $1,050,000 USD for a standard EB-5 investment.
• $800,000 USD if the investment is in a Targeted Employment Area (TEA) — either a rural location or an area of high unemployment — or in infrastructure projects.

EB-5 Visa Requirements

To qualify for the EB-5 program, investors must:

1. Invest the required capital ($800,000 or $1,050,000 depending on the location).
2. Create or preserve at least 10 full-time jobs for qualifying U.S. workers.
3. Show that the investment funds were obtained lawfully.
4. Actively engage in managing or overseeing the investment project (more hands-on in direct investments, less so in Regional Centers).

The EB-5 Process

The steps generally include:

1. Select an Investment Project — either through a Regional Center or direct      investment.
2. File Form I-526E (Immigrant Petition by Regional Center Investor) or I-526 (for direct investment).
3. USCIS reviews the petition.
4. Apply for Conditional Green Card — either through Adjustment of Status (if in the U.S.) or Consular Processing (if abroad).
5. Maintain Investment and Job Creation for at least two years.
6. File Form I-829 to remove conditions and obtain permanent Green Card.

Investment Options: Regional Center vs. Direct Investment

Regional Center Investment

• Investors pool their funds in government-approved Regional Centers.
• Job creation can be counted indirectly (e.g., through economic impact).
• Less involvement in day-to-day management.
• Preferred by most investors because it simplifies compliance.

Direct Investment

• Investors invest in and manage their own business.
• Job creation must be direct and proven with payroll records.
• Provides more control but comes with more responsibility.
• Suitable for entrepreneurs who want to be actively involved.

The EB-5 Visa remains one of the most attractive paths for foreign investors seeking permanent residency in the United States. With the reforms of 2022, the program is more transparent, secure, and focused on real economic impact.

Navigating the EB-5 process can be complex, but with the right legal guidance, it can open the door to a new life and lasting opportunities in the United States.