EB-5 Immigrant Investor Program

The Comprehensive Guide to U.S. Residency by Investment

The EB-5 visa provides a direct route to a U.S. Green Card for foreign investors and their families (spouse and unmarried children under 21). By making a qualifying investment that creates jobs for U.S. workers, investors can secure permanent residency without the need for an employer sponsor.

The “New” EB-5: Reform and Integrity Act of 2022 (RIA)

The RIA has fundamentally transformed the EB-5 landscape, offering unprecedented benefits for new investors:

1. Concurrent Filing

Investors already in the U.S. (on H-1B, F-1, etc.) can file for their Green Card (I-485) at the same time as their investment petition (I-526E). This grants a Work Permit (EAD) and Travel Doc in months.

2. Visa Set-Asides

32% of visas are reserved for specific projects (20% Rural, 10% High Unemployment, 2% Infrastructure). These categories currently have No Visa Backlog, bypassing the long wait for China/India born applicants.

Core Requirements

1. Investment Amount

$800,000: Minimum investment for projects in Targeted Employment Areas (TEA) or Rural Areas.

$1,050,000: For standard investments in non-TEA locations.

2. Job Creation

Must create 10 full-time jobs for U.S. workers within the conditional residency period.

Regional Centers: Can count indirect and induced jobs (economic impact), making job creation easier to prove.

3. Source of Funds

Capital must be lawfully obtained. Investors must provide a documented “path of funds.”

Common sources: Property sale, shareholder dividends, gifts from parents, or secured loans.

The EB-5 Process Lifecycle

From the initial retainer to the return of your capital, here is the roadmap.

PHASE I: Preparation & Filing
1. Retainer & Strategy

Sign with Wang Law PLLC. We analyze your Source of Funds (SOF) and select the best visa category (Reserved vs. Unreserved).

2. Investment

Sign project subscription documents. Transfer the $800k Capital + Admin Fee to the project’s Escrow Account.

3. Filing I-526E

Attorney files the Immigrant Petition with USCIS. This locks in your Priority Date.

PHASE II: Obtaining Conditional Residency

Once I-526E is approved (or filed concurrently), you proceed via one of two paths:

Path A: Consular (Overseas)
  1. Case sent to NVC (National Visa Center).
  2. Submit DS-260 & Civil Documents.
  3. Interview at U.S. Consulate (e.g., Guangzhou).
  4. Enter U.S. -> Receive 2-Year Green Card.
Path B: Adjustment (In U.S.)
  1. File Form I-485 (Adjustment of Status).
  2. Receive EAD (Work) & AP (Travel) in ~6-10 mos.
  3. Interview usually waived.
  4. Receive 2-Year Green Card by mail.

PHASE III: Removal of Conditions & Repayment
8. File Form I-829

Must be filed within the 90-day window before your 2-year card expires. Proves jobs were created.

9. Permanent Green Card

Upon approval, you receive the 10-year Permanent Resident Card. Citizenship eligibility begins 5 years after initial landing.

10. Capital Repayment

Depending on the loan term (usually 5-7 years), the project repays your $800k capital investment.

Expert Representation for Complex Cases

  • Due Diligence: We verify Regional Center credentials to avoid fraud.
  • Source of Funds: Expertise in handling complex assets, crypto, and currency controls.
  • Concurrent Filing: Helping students and H-1B holders lock in status immediately.
  • Redeployment: Advising on capital rules if projects finish early.

Plan Your EB-5 Strategy

Contact Wang Law PLLC to evaluate your eligibility and Source of Funds.