Securing a Green Card Through Real Estate Investment Explained

Key Takeaways

• EB-5 investors must invest $800,000 in TEAs or $1.05 million in general U.S. commercial projects.
• The 2022 EB-5 Reform and Integrity Act extends Regional Centers until 2027 with stricter oversight.
• EB-5 visas are currently available with a direct path to conditional then permanent Green Cards.

Foreign nationals looking for a reliable way to live and work in the United States 🇺🇸 have long considered the EB-5 Immigrant Investor Program. As of July 4, 2025, this program remains a key route for high-net-worth individuals to secure a Green Card by investing in U.S. real estate and other commercial projects. Recent changes, especially the EB-5 Reform and Integrity Act of 2022, have shaped the program’s rules and future direction. Here’s a detailed look at how the EB-5 program works, what’s new, and what investors need to know before starting the process.

What Is the EB-5 Immigrant Investor Program?

The EB-5 Immigrant Investor Program lets foreign nationals get a U.S. Green Card by investing in a new commercial business that creates at least 10 full-time jobs for qualifying U.S. workers. The program was created to boost the U.S. economy by attracting foreign investment and creating jobs. Over the years, it has become especially popular among people who want a direct path to permanent residency for themselves and their families.

How Does the EB-5 Program Work?

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

• Invest a set amount of money in a new commercial enterprise in the United States 🇺🇸.
• Prove that their investment will create at least 10 full-time jobs for U.S. workers.
• Meet all legal and financial requirements set by U.S. immigration authorities.

There are two main ways to invest:

1. Direct Investment: The investor starts or buys a business and is directly involved in its management. The business must create the required jobs.
2. Regional Center Investment: The investor puts money into a project managed by a USCIS-approved Regional Center. These centers often focus on large real estate projects like hotels, apartment buildings, or mixed-use developments.

Recent Changes: The EB-5 Reform and Integrity Act of 2022

The EB-5 Reform and Integrity Act of 2022 brought important updates to the program. Here’s what changed:

• Program Reauthorization: The law extended the EB-5 Regional Center Program until September 30, 2027. This gives investors more confidence that the program will continue for at least a few more years.
• Visa Set-Asides: The law now reserves a certain number of EB-5 visas for investments in rural areas and high-unemployment areas. Currently, 20% of EB-5 visas are set aside for these projects. This makes it easier for investors who choose these areas to get a visa.
• Stronger Oversight: The law added new rules to prevent fraud and make sure projects are run honestly. Regional Centers must now follow stricter rules and report more details about their projects.

Investment Amounts and Thresholds

The amount of money needed for an EB-5 investment depends on where the project is located:

• $1.05 million for projects in general areas (not considered high-need).
• $800,000 for projects in Targeted Employment Areas (TEAs), which include rural locations or places with high unemployment.

There has been talk about raising these amounts even more in the future. The goal is to make sure only people with significant financial resources can use the program.

Visa Availability and Processing

Each year, the EB-5 program can use up to 7.1% of the total employment-based Green Cards available. As of April 2025, all reserved EB-5 categories (such as rural and high-unemployment areas) are “Current.” This means eligible investors in these categories can move forward with their applications without waiting for a visa to become available.

Step-by-Step: How to Get a Green Card Through EB-5

The EB-5 process involves several steps. Here’s a simple breakdown:

1. Choose Your Investment Path: Decide between direct investment or investing through a Regional Center.
2. Invest the Required Amount: Place your funds in the chosen project. For TEAs, this is $800,000; for other areas, it’s $1.05 million.
3. File Form I-526E: Submit Form I-526E, Immigrant Petition by Regional Center Investor to U.S. Citizenship and Immigration Services (USCIS). This form shows you have invested the money and that the project will create the required jobs.
4. Receive a Conditional Green Card: If your petition is approved, you and your immediate family (spouse and children under 21) can get a conditional Green Card. This lets you live and work in the United States 🇺🇸 for two years.
5. Meet Job Creation Requirements: During the two-year period, the investment must create at least 10 full-time jobs for U.S. workers.
6. File Form I-829: After two years, submit Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This form proves the jobs were created and the investment stayed in place.
7. Get a Permanent Green Card: If USCIS approves your I-829 petition, you and your family become permanent residents.

Costs and Fees Involved

Besides the main investment, there are other costs to consider:

• Regional Center Fees: If you invest through a Regional Center, expect to pay non-refundable fees ranging from $100,000 to $200,000. These cover administrative costs and project management.
• Legal and Filing Fees: You’ll need to pay for immigration lawyers, document preparation, and government filing fees.
• Returns on Investment: Most EB-5 projects focus on meeting immigration requirements, not making big profits. Returns are usually modest, and the main benefit is the Green Card.

Investment Duration and Exit

Most EB-5 investments stay in the project for 4 to 8 years. The exact timeline depends on the project and how long it takes to meet job creation rules. Investors should be ready to keep their money in the project until all immigration requirements are met and their Green Card is permanent.

Buying Property as an EB-5 Investor

Some investors wonder if they can buy a house or apartment in the United States 🇺🇸 before getting their Green Card. The answer is yes, but there are important things to consider:

• Legal Status: Owning property does not give you the right to live in the United States 🇺🇸. You still need a valid visa or Green Card.
• Financing: Getting a mortgage can be harder for non-residents. Lenders may ask for a bigger down payment or charge higher interest rates.
• Taxes: Property owners must pay U.S. property taxes and may face other tax rules, depending on their home country.

Why Choose the EB-5 Program?

The EB-5 Immigrant Investor Program is popular for several reasons:

• Direct Path to a Green Card: Unlike many other visa programs, EB-5 leads directly to permanent residency for the investor and their family.
• No Sponsorship Needed: Investors do not need a job offer or family sponsor.
• Flexibility: Investors can live, work, and study anywhere in the United States 🇺🇸.
• Family Benefits: Spouses and children under 21 can also get Green Cards.

Risks and Challenges

While the EB-5 program offers many benefits, it also comes with risks:

• Investment Risk: There is no guarantee the project will succeed or that you will get your money back. If the project fails, you could lose your investment and your chance at a Green Card.
• Changing Rules: Laws and policies can change, affecting investment amounts, job creation rules, and processing times.
• Fraud and Scams: Some projects or Regional Centers may not be honest. It’s important to do careful research and work with trusted legal and financial advisors.

Expert Advice and Legal Guidance

Experts recommend staying up to date on policy changes and working with experienced immigration lawyers. The EB-5 Reform and Integrity Act of 2022 added new rules to protect investors, but the process can still be complex. Legal guidance helps make sure you meet all requirements and avoid costly mistakes.

Implications for Stakeholders

• Investors: The EB-5 program is best for people with significant financial resources who want a direct path to U.S. residency. Investors should be ready for a long process and possible changes in rules or costs.
• U.S. Communities: Projects funded by EB-5 investments often help build new housing, hotels, or businesses, creating jobs and boosting local economies.
• Immigration Lawyers and Advisors: The program’s complexity means there is strong demand for legal and financial experts who can guide investors through each step.

Future Outlook for the EB-5 Program

The EB-5 program is expected to continue, but more changes are likely. Lawmakers may raise investment amounts or add new rules to make sure projects are honest and truly create jobs. Investors should be prepared for possible higher costs and stricter oversight in the coming years.

Where to Find Official Information

For the most accurate and up-to-date details, visit the U.S. Citizenship and Immigration Services (USCIS) EB-5 page. This site has official forms, instructions, and news about the program. You can also find a list of approved Regional Centers and learn about recent policy changes.

Practical Steps for Interested Investors

If you’re thinking about the EB-5 Immigrant Investor Program, here’s what you should do:

1. Research Projects Carefully: Look for Regional Centers and projects with a strong track record and clear job creation plans.
2. Consult Legal Experts: Work with immigration lawyers who specialize in EB-5 cases. They can help you understand the rules and avoid common mistakes.
3. Prepare Financial Documents: You’ll need to prove the source of your investment funds and show that the money was earned legally.
4. Stay Informed: Keep up with policy changes and new rules that could affect your investment or application.

Conclusion: Is the EB-5 Program Right for You?

The EB-5 Immigrant Investor Program offers a unique way for foreign nationals to get a Green Card by investing in the United States 🇺🇸. Thanks to the EB-5 Reform and Integrity Act of 2022, the program now has stronger rules and more oversight, making it safer for investors. However, the process is still complex and can be costly. It’s important to weigh the benefits against the risks and to get expert advice before making any decisions.

As reported by VisaVerge.com, the EB-5 program remains a strong choice for high-net-worth individuals who want to live and work in the United States 🇺🇸. But with possible changes on the horizon, acting sooner rather than later may help investors secure their place before new rules take effect.

For more information, always rely on official sources like the USCIS EB-5 page and consult with trusted legal professionals. This approach will help you make the best decision for your future and your family’s future in the United States 🇺🇸.

Learn Today

EB-5 Immigrant Investor Program → A U.S. program granting Green Cards to foreigners investing in businesses that create jobs.
Regional Center → USCIS-approved entities managing EB-5 investment projects, often large real estate developments.
Targeted Employment Areas (TEAs) → Designated rural or high-unemployment regions qualifying for lower EB-5 investment thresholds.
Form I-526E → Petition filed by Regional Center investors proving investment and job creation compliance.
Form I-829 → Petition to remove conditions on permanent residency after meeting EB-5 requirements.

This Article in a Nutshell

The EB-5 Immigrant Investor Program allows foreign nationals to secure U.S. Green Cards by investing in businesses that create jobs. Recent reforms strengthen oversight and reserve visas for targeted areas. Investors must meet financial thresholds and comply with legal requirements for permanent residency benefits.
— By VisaVerge.com