Introduction and Overview of the EB-5 Visa

Do you want to obtain a Green Card by investing in the United States? The EB-5 investor visa may help you turn this dream into reality.

Keep reading to learn all the details about the EB-5 visa and program. Discover the investment amounts, application timelines, and how recent regulations have made the process more secure—and start a new chapter in the U.S.

What is the EB-5 Visa?

The EB-5 visa is an employment-based immigrant visa under the 5th preference category (employment-based 5th preference). This visa is part of a program that allows foreign investors to obtain lawful permanent residency (Green Card) in the United States by making a qualifying investment. The program is administered by the United States Citizenship and Immigration Services (USCIS).

Purpose and Key Benefits of the Program

The EB-5 program was established by Congress in 1990 to stimulate the U.S. economy through job creation and the attraction of foreign capital. In 1992, a model allowing investors to obtain EB-5 visas through USCIS-approved Regional Centers was introduced. These Regional Centers are responsible for implementing projects that support the growth of the U.S. economy.

All investors participating in the program are required to create and maintain at least 10 permanent, full-time jobs for qualified U.S. workers.

Advantages of the EB-5 Investor Visa

Since the EB-5 visa falls under the immigrant visa category, it inherently grants successful applicants the right to obtain a Green Card directly.

The key advantages of investing through the EB-5 visa include:

• Family unity, including spouse and children under 21: This visa allows the investor to immigrate to the U.S. together with their family. The investor's spouse and unmarried children under the age of 21 can obtain Green Cards simultaneously.
• Opportunity to apply for U.S. citizenship: After holding a conditional Green Card for two years and completing the five-year EB-5 program, investors and their family members may become eligible to apply for U.S. citizenship.
• Work and residency rights: The investor may live and work anywhere in the United States without restrictions.
• Access to advanced educational opportunities: If they meet the requirements of the state of residence, the investor’s children may benefit from grants, scholarships, and in-state tuition rates.
• Freedom to travel and access to healthcare services: Although some restrictions may apply, conditional Green Card holders can travel within and outside the United States. They also have access to the same quality of healthcare services as U.S. citizens.

Recent Legal Reforms and Updates (2025)

The EB-5 Reform and Integrity Act (RIA), which came into effect on March 15, 2022, along with similar legislative changes, has shortened processing times and enhanced transparency.

Thanks to this law, the program has been extended through 2027 and includes significant provisions aimed at subjecting regional centers to stricter oversight and protecting investors.

Among the major regulatory changes to the EB-5 Immigrant Investor Program are the revised minimum investment requirements for Targeted Employment Areas (TEAs) and other areas, introduced under the RIA.

TEAs are generally rural areas or areas with high unemployment rates. To support the local economy, the EB-5 program encourages capital investment in these regions by setting a lower investment threshold.

Finally, on July 16, 2024, the United States Citizenship and Immigration Services (USCIS) updated its policy manual to reflect the new regulations in the EB-5 program.

These updates aim to make the program more transparent and compliant, while also protecting investor rights. For example, investors are no longer required to keep their funds tied to a specific project for a fixed period, and access to information about the financial structure and projects of regional centers has become more readily available.

EB-5 Visa Requirements and Eligibility (2025)

To qualify for an EB-5 visa, foreign investors must meet certain requirements. The new updates clarify the program’s investment, business model, and job creation criteria, allowing for a broader and more comprehensive approach to the application process.

Below are the main EB-5 visa criteria:

Investment Amounts and Categories
The required investment amount under the EB-5 program varies depending on the geographic characteristics of the investment location.

• TEAs (Targeted Employment Areas): The minimum investment amount is $800,000 USD. Higher investment amounts may increase the chances of finding more attractive projects.
• Non-TEA areas: The minimum investment amount is $1,050,000 USD. The size of the investment will influence the selected project and its potential returns.

This differentiation is based on the economic dynamics and employment potential of the investment area.

Business Model and Job Creation Requirements

Your investment must be equity-based, meaning the capital you contribute must be at risk.

In clearer terms, for the investment to qualify as capital under the EB-5 visa, applicants must invest in a new commercial enterprise. This new enterprise can be a sole proprietorship, partnership, holding company and its subsidiaries, joint venture, corporation, business trust, LLC, or any other publicly or privately owned entity.

Additionally, the investment under the program must create or preserve at least 10 full-time, permanent jobs. For example, each of the 10 full-time positions must consist of at least 35 working hours per week.

This requirement applies to both direct investments and applications made through a regional center.

Eligibility Criteria

To submit a successful EB-5 application, investors must possess sufficient financial resources and clearly document the lawful source of their investment funds. For example, if you plan to use a loan for the EB-5 program, the loan must be secured by the investor’s personal assets in order to qualify under program requirements.

Providing a detailed explanation of the source of funds is one of the most critical steps in the EB-5 process. Applicants are strongly advised not to initiate this process alone, but rather to seek professional support from the outset.

It is also important to note that reviewing the criteria mentioned above—as well as similar program requirements—with your immigration attorney and a financial advisor is highly recommended.

Preparing a comprehensive and realistic business plan is also a mandatory component. The business plan must clearly demonstrate how the investment will generate economic benefit, create employment, and contribute to the regional economy.

Beyond all the technical requirements listed above, it may be reassuring to note that there are no academic criteria such as language proficiency or educational background required for this program.

How to Obtain an EB-5 Visa? (Application Methods)

Foreign investors seeking an EB-5 visa are offered two primary investment pathways: direct investment and investment through a regional center.

Direct Investment

Under the direct investment model, the investor either establishes a new business or invests directly in an existing enterprise in the United States. If the business is located in a TEA (Targeted Employment Area), the minimum investment is $800,000 USD, and the investment must create at least 10 full-time jobs.

Some advantages of direct investment include active management and full control over the enterprise.

However, this method also involves disadvantages such as higher operational risk and the need for active involvement in business management.

Investment through a Regional Center

In this method, the investor invests through a USCIS-approved regional center. These centers are organizations that raise and manage capital for specific projects. This type of investment allows for indirect and induced job creation to be counted toward the job creation requirement, making it easier to meet the employment threshold.

In addition, this pathway reduces operational risk and provides investors with a monitoring and feedback mechanism by allowing them to track progress and engage when necessary.

Strategic Selection and Recommendations
For those who wish to live and work in the United States, the U.S. investor visa presents an attractive opportunity. It is strongly advised to seek support from a team of experienced professionals during the application process:

• A registered investment adviser in the U.S. can conduct financial and operational analyses of available projects and inform you about the most suitable investment opportunities.
• They can assess the track record of the businesses or regional centers you are considering and offer recommendations on reliable options.
• They will help develop a financial plan that aligns your investment with your personal goals, thereby supporting your long-term success.

A tax advisor can assist in minimizing the long-term tax burden associated with your investment.

Your immigration attorney, experienced in EB-5 matters, will ensure that your investment meets all program requirements and that all documentation submitted to USCIS is complete and accurate.

Working with such a professional team will help you make strategic decisions and reach your goals more effectively.

EB-5 Visa Process and Timeline (2025)

Obtaining lawful permanent residence (Green Card) in the United States through the EB-5 investment route is a multi-step and complex process that requires comprehensive preparation and adherence to specific procedural steps.

An investor who meets the EB-5 requirements should first consult with their immigration attorney and professional advisors to evaluate the investment options explained in the previous section and select the most suitable pathway. The formal application process begins after this step.

Below are the main stages of the EB-5 application process and the estimated timelines:

1. Form I-526 Petition

The first step involves preparing a detailed investment and business plan and submitting Form I-526 to USCIS.

How to proceed?
At the outset of your application, you must file either Form I-526 for standalone investors or Form I-526E if applying through a regional center.

Key Points: The business plan and supporting documentation form the backbone of your petition. USCIS will closely review these materials. If your application is incomplete or additional documents are requested, the process may be delayed.

2. I-526 Approval and Green Card Application Procedures

Once Form I-526 is approved, the next step to obtain a Green Card under the EB-5 visa depends on whether the applicant is inside or outside the United States: Adjustment of Status (Form I-485) or Consular Processing (Form DS-260).

• Adjustment of Status (Form I-485) – From Within the U.S.:
  Investors residing in the U.S. on a valid visa may apply to adjust their status to lawful permanent residence. This process allows the applicant to receive a Green Card without leaving the U.S.
• Consular Processing (Form DS-260) – From Outside the U.S.:
  Investors residing abroad apply for their Green Card through consular processing. This involves submitting Form DS-260 and attending an interview and medical examination at the U.S. consulate in their country of residence.

3. Conditional Green Card (2-Year Residence Permit)

After completing either the I-485 or DS-260 process, the investor and their family are granted a 2-year conditional Green Card.

The term “conditional” indicates that this status is subject to certain requirements. It means that the investment and business plan must meet the specified conditions during this two-year period.

Monitoring Phase: Throughout this period, regular reviews are conducted to ensure that investment and job creation targets are being met.

4. Form I-829 Petition to Remove Conditions

It is important to note that Form I-829 must be filed within the final 90 days before the expiration of the conditional Green Card.

Final Step: Filing this petition removes the conditions, making the Green Card permanent. It also confirms that the investment has been sustained and the required employment targets have been achieved.

Convenience: Family members may be included in the main applicant’s I-829 petition without needing to file separate applications. The resulting permanent Green Card is valid for 10 years and can be renewed indefinitely.

5. General Timeline of the Process
It is important to remember that the duration of the EB-5 process may vary depending on USCIS workload and the volume of applications.

Traditionally, the I-526 phase—including preparation, filing, and adjudication—can take anywhere from a few months to one year. The conditional Green Card phase (via I-485 or DS-260) and the I-829 petition may each take approximately 6 to 18 months.

However, reforms introduced in 2022 and subsequent mandamus lawsuits have, in theory, allowed USCIS processing times to be reduced to the 4-to-6-month range recommended by Congress:

• I-526 Petition: Preparation, filing, and adjudication can range from a few months to one year. However, in certain cases, filing a mandamus lawsuit may significantly accelerate this process.
• Conditional Green Card Application: Note the slight time differences between Adjustment of Status (I-485) within the U.S. and Consular Processing (DS-260) abroad.

These differences stem from additional steps in consular processing, such as the consulate interview and medical exam, which can add time to the process. Processing times generally range from 6 to 18 months.

Note: For long-pending applications, mandamus lawsuits may reduce the approval time to 1 to 3 months.

• Conditional Green Card: Granted for 2 years following I-526 approval.
• Form I-829 Petition: Must be filed within the final 90 days of the 21-month conditional period. The review process can take several months.

Note: Completing the traditional process can take 12 to 52 months overall. At this stage, filing a writ of mandamus may help shorten the expected timeline.

6. Permanent Residence and Eligibility for Citizenship

Once the I-829 petition is approved, the investor and their family receive a 10-year permanent Green Card that can be renewed indefinitely. After maintaining this status for five years, they may apply for U.S. citizenship.

EB-5 Visa Fees and Expenses

The EB-5 visa application process includes various fees and expenses payable to USCIS at different stages.

Below is a list of the applicable USCIS fees for each stage of the process, valid for the 2025 fiscal year, along with potential additional costs:

Fees Payable Until Conditional Green Card is Issued

Filing from Within the U.S. (Adjustment of Status – Form I-485)

If the investor is in the United States on a valid visa, they may apply for adjustment of status.

Note: Investors applying from within the U.S. (Form I-485) do not need to go through the immigrant visa process abroad.

Note: Once Form I-526 is approved, the investor and eligible family members will be issued a 2-year conditional green card.

Fees for Filing from Outside the U.S. (Consular Processing – Form DS-260)

If the investor is outside the U.S. and wishes to obtain a green card through consular processing, an immigrant visa application is submitted.

Note: Investors applying from outside the U.S. (DS-260) must attend an interview at a U.S. embassy and will be issued an immigrant visa. A green card will be mailed to them upon entry into the U.S.

Note: All listed fees are estimates and may vary depending on the country and current circumstances.

Fees for Removal of Conditions (Conversion to Permanent Green Card)

It is recommended to file within the 90-day period before the expiration of the conditional green card.

Note: If the principal applicant files Form I-829, the spouse and children may be included in the same petition. Separate applications are not required.

Source: You can access the USCIS Fee Calculator here:
https://www.uscis.gov/feecalculator?form=i-526e

Regional Center Investments: Advantages and Selection Criteria

This section briefly discusses the potential benefits of investing through regional centers, key selection criteria, and examples of successful outcomes:

Advantages of Regional Centers

• Passive Investment Opportunity

Regional Centers allow investors to participate in projects without being actively involved in daily business operations. This is particularly ideal for investors who do not reside in the U.S. or lack business management experience.

• Indirect Job Creation

Projects under Regional Centers contribute to both direct and induced (indirect) employment, offering an additional advantage. Through these types of investments, the EB-5 job creation requirement is often easier to meet.

• Reduced Operational Risk

Regional Centers also have a proven track record of reducing operational risk by professionalizing project management and execution processes.

Selection Criteria

• Experience and Reputation

It is advisable to choose Regional Centers with a long-standing presence and a history of completing successful projects. In addition to their job creation capacity, factors such as references, past performance, and positive feedback should be evaluated.

• Professional Advisory and Legal Support

The consulting and legal support services provided by Regional Centers contribute to a smoother investment and application process.

At Gozel Law Firm, we provide legal support to immigrant investors throughout the EB-5 visa and naturalization process.
Our services ensure that your petitions fully comply with all applicable USCIS rules, regulations, and policies. We invite you to consult our expert team for your Regional Center investments.

Financial Structure and Return Timeline

A strong financial structure and the expected return timeline should be carefully reviewed. In general, the return period for investments made through Regional Centers ranges from 3 to 7 years. This timeframe must be taken into account when planning long-term, and investors should ensure it aligns with their financial expectations.

It is also highly important that the Regional Center provides regular reporting to investors and remains open to audits.

Note: Each Regional Center has its own advantages and disadvantages. Therefore, it is highly recommended to conduct a thorough evaluation and consult with a professional before making any decisions.

Success Stories

Certain Regional Centers have participated in real estate, energy, and infrastructure projects reported to provide investors with stable returns and successful green card outcomes.

Real estate projects under the EB-5 program remain a popular option among investors—especially hotel and luxury residential developments, which are preferred for their stable return potential and capacity to generate employment.

Investments made through Regional Centers have proven to offer significant advantages to investors during the EB-5 visa process.

In conclusion, with the right selection criteria and strategies, investors can achieve both their financial goals and secure permanent residency in the United States through Regional Center investments.

Frequently Asked Questions (FAQ)

What is the EB-5 visa and who can apply?
The EB-5 visa is a program that allows foreign investors to obtain permanent residency in the United States.
Foreign nationals from eligible countries who meet the criteria set by U.S. Citizenship and Immigration Services (USCIS) may apply for the EB-5 visa.

How can I obtain an EB-5 visa?
There are two main ways to obtain an EB-5 visa:

• Through Direct Investment: Apply by starting a new business or investing in an existing enterprise in the U.S.
  This method offers more control and active management, but also involves higher operational risk and requires hands-on participation.
• Through a Regional Center: Apply by investing through an approved regional center.
  This offers the benefits of passive investment, potential for indirect job creation, and reduced operational risk.

What is a Regional Center?
A Regional Center is an entity approved and overseen by USCIS that pools capital from foreign investors to fund projects in the United States with job creation potential.
These centers often focus on rural economic development and employment generation.

What is a Targeted Employment Area (TEA)?
A Targeted Employment Area (TEA) is a location that meets one of the following criteria at the time of investment:

• Rural Area: Located outside a Metropolitan Statistical Area (MSA) or has a population of less than 20,000.
• High-Unemployment Area: Has an unemployment rate of at least 150% of the national average.

What is the minimum investment amount for the EB-5 visa?
The minimum investment amount depends on the filing date and location of the investment:

Under the changes effective March 15, 2022:

• Standard Investment: $1,050,000
• TEA (and infrastructure projects): $800,000

These amounts will be adjusted for inflation every five years (first adjustment on January 1, 2027). See the article for details.

How do Forms I-526, I-485, and I-829 work?

• Form I-526: The EB-5 Immigrant Petition by Alien Investor. Demonstrates the eligibility of the investment and job creation potential. Approval grants conditional permanent residency.
• Form I-485 (Adjustment of Status): Used by investors already in the U.S. to adjust their immigration status if they hold a valid U.S. visa.
• Form I-829: Petition by Investor to Remove Conditions on Permanent Resident Status. Demonstrates that the investment is ongoing and job creation requirements have been met.

What documents are required for the EB-5 visa?
Required documentation includes Forms I-526, I-485, and I-829, along with evidence of investment and lawful source of funds, a comprehensive business plan, financial records, medical examination reports, and identity documents.
See the relevant section of this article for details.

What is the difference between Adjustment of Status (AOS) and Consular Processing?

• Adjustment of Status (AOS): For individuals lawfully present in the U.S. The process may be faster and allows the applicant to remain in the U.S. during processing.
• Consular Processing: For applicants outside the U.S. The process may take longer and requires travel to a U.S. consulate.

How are the fees and expenses calculated?

• Form I-526: Filing fee: $11,160; Additional Integrity Fee: $1,000
• Form I-485: For the principal applicant and dependents over age 14: $1,440; Children under 14 (if filing with a parent): $950
• Form I-829: Filing fee (covers entire family if included in the petition): $9,525

See the relevant section of this article for detailed fee information.

What are the risks of the EB-5 visa?

• Investment Risks: Return on investment is not guaranteed. Risks include economic uncertainty, business plan feasibility, and market fluctuations.
• Legal and Procedural Risks: Incomplete documentation, incorrect filings, and unpredictability due to USCIS audits and policy changes.
• Regional Center Risks: The experience, track record, advisory quality, and references of the chosen Regional Center are critical factors.

Does the EB-5 investment guarantee a return?
No. Investments made through the EB-5 program do not guarantee returns. Investors must conduct due diligence and assess the risks associated with the project.

What happens if my EB-5 investment fails?
For investments made through a Regional Center, the expected outcome is the creation of at least 10 jobs within 2 years.
If the project fails to meet this requirement, the green card application may be denied at the end of the conditional period.

In cases of direct investment in a failing business, the investor may be held responsible, and their green card application may be denied.

When will I receive the results of my green card application?
Processing times vary based on the type of petition, the USCIS service center, and workload:

• Form I-526: Historically took 14 to 55 months due to complexity and backlog. However, under new regulations and with the help of experienced immigration attorneys via mandamus lawsuits, this may be reduced to 1–3 months. See case studies for examples.
• Form I-485: Typically processed within 12 to 18 months for adjustment of status in the U.S. A mandamus action can potentially expedite this timeline.
• Form I-829: Previously took 12 to 52 months (for pre-2022 filings), but as of 2025, processing times have significantly shortened.

Why was my EB-5 visa application denied?
Common reasons for denial include:

• Inaccurate or inconsistent information
• Missing critical documentation or evidence
• Incorrect petition form
• Criminal record or negative immigration history in the U.S.
• Insufficient investment amount
• Unlawful source of funds

What Should I Do If My EB-5 Visa Application Is Denied?

If your application is denied, you should carefully review the reasons for the denial and, if necessary, consult with an immigration attorney to evaluate your options for appeal or reapplication.

Can Family Members Be Included in the EB-5 Green Card Application Process?

Yes. Your spouse and unmarried children under the age of 21 may be included in your application for lawful permanent residency based on your EB-5 investment.

Can I Apply for U.S. Citizenship Through the EB-5 Visa?

Yes. After obtaining a Green Card through the EB-5 program, you may apply for U.S. citizenship once you meet the applicable residency and eligibility requirements.

Where Can I Live in the U.S. with an EB-5 Visa?

EB-5 visa holders are free to live anywhere in the United States.

Shape Your Future with an EB-5 Investment

Recent changes to the EB-5 program and anticipated developments present both opportunities and important considerations for investors.

EB-5 investments not only provide you and your family with the right to live and work in the United States, but also offer a pathway to shaping your future.
Due to the evolving structure of the program, it is essential for investors to closely follow current regulations and industry trends.

For this reason, staying informed through official sources and acting based on accurate, up-to-date information will significantly increase your chances of success as an investor.

Contact Gozel Law Firm

Gozel Law Firm is here to guide you through the process of obtaining an EB-5 Green Card through investment in the United States.

Start your journey to the U.S. by receiving EB-5 visa and green card consultation from our licensed and professional team. Take the first step toward achieving your dreams.

Schedule a consultation to learn more about the EB-5 visa and receive personalized legal guidance.

Website: https://gozellaw.com/tr/iletisim
Email: eb5@gozellaw.com
Phone: +1 862 799 2200