FAQs

The EB-5 program allows foreign nationals to obtain a U.S. green card (permanent residency) by investing in a U.S. business that creates jobs for American workers. Congress established it to stimulate economic growth through foreign investment and job creation.

Approximately 10,000 EB-5 visas are available annually for investors, their spouses, and unmarried children under 21. 3,000 visas are set aside for investments made through USCIS-designated Regional Centers.

To qualify, you must:

• Invest the required amount of capital

• Invest in a new commercial enterprise

• Create at least 10 full-time jobs for U.S. workers

As of the EB-5 Reform and Integrity Act of 2022, the minimum investment amounts are:

• $800,000 in a Targeted Employment Area (TEA)

• $1,050,000 in a non-TEA

Investments must be made with lawfully obtained funds and placed “at risk” for the purpose of generating a return.

A TEA is either a rural area or a location with high unemployment. Investments in TEAs qualify for the reduced capital requirement of $800,000.

A new commercial enterprise is a for-profit business created after November 29, 1990. It can be structured as a corporation, partnership, LLC, joint venture, or other business entity.

The investment must create at least 10 full-time jobs for qualifying U.S. workers. Jobs must be created within two years of the investor receiving conditional resident status.

Step 1: File Form I-526 (Immigrant Petition by Alien Investor) with documentation showing lawful source of funds, investment made, and job creation plans.

Step 2: If approved, apply for a conditional green card through:

• Form I-485 (Adjustment of Status) – if inside the U.S.

• Form DS-260 – if applying from abroad

Step 3: File Form I-829 within 90 days before your conditional green card expires to remove conditions and become a permanent resident.

No. The investor must use their capital, and the funds must be placed at risk. Loans to the commercial enterprise or investments in the form of debt (e.g., promissory notes) do not qualify.

Yes. A comprehensive business plan must outline how the investment will be used, how jobs will be created, and how the business will operate and generate revenue.

Under the EB-5 Reform and Integrity Act of 2022, the EB-5 Regional Center Program has been extended through September 30, 2027.

Failure to create the required 10 jobs may result in the denial of the I-829 petition, and you could lose your permanent resident status. Accurate planning and documentation are essential.

Employment-based sponsorship through a U.S. employer -Employment-based immigration is divided into preference categories from EB-1 to EB-4.

The EB-1 category is for:

• Individuals with extraordinary abilities (EB-1A)

• Outstanding professors or researchers (EB-1B)

• Multinational executives and managers (EB-1C)

You must show sustained national or international acclaim in fields like science, arts, business, education, or athletics. No employer or job offer is required.

You must either:

• Win a major international award (e.g., Nobel Prize), OR

• Meet at least 3 out of 10 criteria (e.g., published articles, judging others’ work, high salary, original contributions, etc.)

• No employer or job offer required

• No labor certification (PERM)

• Premium processing available (approval in 15 days or less)

You must:

• Be internationally recognized in a specific academic field

• Have at least 3 years of experience in teaching or research

• Have a job offer from a U.S. university or research institution

At least 2 out of 6 types of evidence, including awards, professional memberships, original research, scholarly publications, etc.

• Worked for a related company abroad for at least 1 year in the last 3 years

• Coming to the U.S. to work in an executive or managerial capacity

• U.S. employer must have been doing business for at least 1 year

No, but a U.S. job offer is required.

This category is for:

• • Professionals with an advanced degree (Master’s or higher)

  • Individuals with exceptional ability in sciences, arts, or business

You must show expertise significantly above what is normally encountered. Provide at least 3 out of 6 criteria like:

• Academic degree

• 10+ years of experience

• License or certification

• High salary

• Membership in a professional association

• Recognition for achievements

It allows a foreign national to bypass the job offer and labor certification if their work substantially benefits the U.S. in areas like science, education, or public health.

You must show:

• Your work has national importance

• You are well-positioned to carry it out

• Waiving the job requirement benefits the U.S.

• You deserve favorable discretion

• No employer or labor certification is needed

• Faster processing (1–2 years)

• Flexibility to work for any employer

• Apply for your family’s green cards at the same time

Yes, especially if they agree to work full-time in underserved areas for 5 years. A public health agency must also recommend them.

Nurses can apply under EB-2 if the job requires an advanced degree. Otherwise, they generally apply under EB-3.

This category includes:

• Professionals: With at least a bachelor’s degree

• Skilled Workers: Jobs requiring 2+ years of experience/training

• Unskilled Workers: Jobs needing less than 2 years of training

Includes:

• Religious workers

• Former U.S. government employees abroad

• Certain broadcasters, medical graduates, and Panama Canal workers

• Special Immigrant Juveniles (SIJ)

• U.S. Armed Forces veterans

• Victims of 9/11

It is the process an employer has to go through to hire a foreign national to work permanently in the United States and become a permanent resident

1. Consultation – Define job duties and requirements
2. Pre-Recruitment – Get prevailing wage determination
3. Recruitment – Advertise the job using DOL-approved methods
4. Filing ETA 9089 – Apply online
5. File Form I-140 – Immigrant petition with USCIS
6. File Form I-485 – Green card application when the priority date is current

• Labor certification: 6–9 months
• I-140 petition: 5–7 months
• I-485 application: 6–12 months (when the priority date is current)
  Backlogs may delay the process depending on country of birth and visa category.

Immediate relatives include:

• Spouses of U.S. citizens

• Parents of U.S. citizens (if the citizen is at least 21 years old)

• Unmarried children under 21 of U.S. citizens
  This is a preferred category, meaning visas are readily available.

Yes. A foreign national married to a U.S. citizen can apply for permanent resident status (green card), provided:

• The marriage was legally valid where it took place.

• The marriage still exists when applying (even if separated).

• The marriage was entered in good faith—not just for immigration benefits.

USCIS examines factors like how long the couple has known each other, how often they met before marrying, if they live together, and whether the marriage occurred during immigration proceedings.

If the couple has been married for less than two years at green card approval, the immigrant gets a conditional green card. After two years, they must file to remove the conditions or risk losing their status.

Yes, if:

• • They were married at the time of the U.S. citizen’s death.

  • They were not separated.

  • They have not remarried.

  • The petition is filed within two years of the spouse’s death.

  • They must file Form I-360 instead of the standard Form I-130.

Under the Violence Against Women Act (VAWA), spouses (or children) of abusive U.S. citizens or green card holders may self-petition for a green card without the abuser’s knowledge. They must show:

• A good faith marriage

• Co-residence with the abuser in the U.S.

• Evidence of battery or extreme cruelty

• Good moral character

A U.S. citizen can petition for:

• A biological child under 21 who is unmarried

• A child born out of wedlock (if certain conditions are met)

• A stepchild (if the step-relationship began before the child turned 18)

• An adopted child (if adopted before age 16 and other criteria are met)

Yes, if:

• • The adoption was finalized before the child turned 16

  • The child was in the legal custody and lived with the adoptive parent(s)

  • If adopted abroad, the adoption complies with the Hague Adoption Convention

The child must:

• Be under 16 years old when the petition is filed

• Reside in a Hague Convention country

• Have either two parents unable to care for the child or one parent due to death, abandonment, or disappearance

• Be legally free for adoption with consent from guardians

• Be adopted by at least one U.S. citizen (both spouses if married)

• Have the adoption finalized under the foreign country’s laws

Yes. A U.S. citizen who is 21 years or older can petition for their parents as immediate relatives.

The same legal definitions that apply to children (including adoptive and step relationships) are used to define who qualifies as a parent.

Yes, but they fall under family preference categories and may face long wait times. These include:

• F1: Unmarried adult sons/daughters of U.S. citizens

• F2A: Spouses and minor children of permanent residents

• F2B: Unmarried adult sons/daughters of permanent residents

• F3: Married sons/daughters of U.S. citizens

• F4: Brothers and sisters of U.S. citizens

Yes. Unlike immediate relatives, preference category applicants must wait for a visa to become available based on their priority date and country of origin.