EB‑5 Explained Simply: How to Invest and Immigrate

by | Oct 1, 2025 | Uncategorized

If you’re an investor looking for a clear, rule‑based path to U.S. permanent residence, the EB‑5 Immigrant Investor Program can deliver—when planned correctly. EB‑5
requires a qualifying investment of lawfully obtained capital into a new commercial enterprise that creates at least 10 full‑time U.S. jobs. Investors typically choose between (1) a direct investment they operate or (2) a USCIS‑designated Regional Center project.

Direct vs. Regional Center: A direct EB‑5 gives you control but also places job creation squarely on your shoulders. Regional Centers pool capital and rely on economic models to count indirect and induced jobs, which can simplify proof. Both options demand rigorous due diligence: project viability, management experience, exit strategies, and compliance.

Process overview: You file Form I‑526E to establish the investment and eligibility. If you’re in the U.S. and eligible, you may pair it with adjustment of status under concurrent filing rules; otherwise, you complete immigrant visa processing abroad. Upon approval you become a conditional resident, and two years later you remove conditions with Form I‑829 by proving that the investment was sustained and jobs were created.

Key evidence: lawful source and path of funds (tax returns, contracts, bank wires), a credible business plan, and job‑creation methodology. Practical tips: start documents early, keep transfers clean and traceable, vet promoters and projects independently, and budget for filing fees and professional costs.

EB‑5 works best when you approach it like any serious investment—thorough research, conservative assumptions, and experienced counsel guiding each step.

Need help with your immigration case?

Contact Fogam Law for a strategy session. We’ll map options, timelines, and documents.

 

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