EB-5 Immigrant Investor Program (US)

EB-5 — Invest in the U.S. and Obtain Permanent Residence

Our EB-5 team represents investors—particularly from China—in complex investor visa matters. Given the multi-year process, experienced counsel is critical throughout.

View Services & Process
Source of Funds Compliancelawful source, transparent tracing, complete documentation; cross-border audit coordination
Project Compliance & Due DiligenceNCE/JCE structures, job creation models, fund flows, escrow/redeployment policies
Timeline & Quotasreserved visas and priority strategies, concurrent filing and interim authorizations
End-to-End RepresentationI-526E / I-485 / medicals & interview / condition removal / consular processing

Regional Center Path (Most Common)

Invest through an approved regional center. In addition to direct jobs, indirect and induced jobs may count via input-output models, aiding the ten full-time job requirement.

  • Investment Amount: TEA/infrastructure projects $800,000; non-TEA $1,050,000.
  • Job Calculation: may count direct plus indirect/induced jobs (per model).
  • Visa Strategy: prioritize reserved categories (rural/high-unemployment/infrastructure) to mitigate backlog.
  • Common Entities: NCE (New Commercial Enterprise) and JCE (Job-Creating Entity) structures; escrow and fund-flow compliance.

Direct Investment Path (Self-Run/Controlled)

Investors own and operate the enterprise; only direct jobs count, but control is higher—suitable for experienced entrepreneurs.

  • Investment Amount: same thresholds; must show actual operations and job continuity.
  • Job Requirement: create at least ten full-time jobs (≥ 35 hours/week) within a reasonable period.
  • Governance Compliance: financial/tax/employment compliance; written policies and complete HR files.
  • Exit: exit only after meeting risk-bearing and sustainment requirements (per USCIS policy).

Process (Illustrative)

1. Assessment & Due Diligence

determine direct/regional center path; review business plan, job model, funds flow, compliance framework; plan reserved visas and timing.

2. Source of Funds & Compliance

issue SOF checklist; collect bank/tax/title/transaction evidence; design compliant remittance paths and cross-border documents.

3. File I-526E / I-526

prepare business/financial/job and personal packets; consider concurrent I-485 (when current).

4. Interview/RFE & Interim Benefits

respond to RFE/NOID; domestic applicants may seek EAD/AP; consular cases proceed via posts.

5. Conditional Green Card & Removal

at I-829, verify jobs and sustained investment; plan exit and redeployment compliance to complete permanent residence.

FAQ

How do TEA and non-TEA amounts differ?

Under RIA, non-TEA requires at least $1,050,000; rural/high-unemployment/infrastructure projects may qualify at $800,000. Always confirm with the latest USCIS guidance.

Who qualifies for Concurrent Filing?

When visa numbers are current and you are in the U.S., you may file I-485 along with I-526/I-526E; consular processing cases cannot file concurrently.

How are the ten full-time jobs counted?

Direct investments count only direct employees; regional center projects may count indirect/induced jobs per model. Full-time is typically ≥ 35 hours/week permanent positions.

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