Overview
EB-5 Direct Investment provides green cards to foreign investors who invest at least $1,050,000 (or $800,000 in Targeted Employment Areas) in a new commercial enterprise that creates 10+ full-time U.S. jobs. Direct EB-5 means the investor personally manages or actively participates in the business — distinct from passive Regional Center investment.Eligibility Requirements
Minimum investment: $1,050,000 (non-TEA) or $800,000 (TEA — rural or high-unemployment area); investment in for-profit New Commercial Enterprise (NCE); investor must own and manage or actively participate; investment funds must be ‘at risk’ (no guaranteed returns); must create 10+ full-time W-2 jobs for U.S. workers within 2 years; lawful source of funds documentation required.
Application Process
Step 1: Establish or invest in NCE. Step 2: File Form I-526 with comprehensive evidence including business plan, source of funds, and at-risk investment documentation. Step 3: Upon I- 526 approval, file I-485 (in U.S.) or DS-260 (abroad) for conditional green card. Step 4: 90 days before 2-year anniversary, file I-829 to remove conditions, demonstrating job creation and sustained investment.
Required Documentation
Required: $1,050,000 or $800,000 investment evidence; comprehensive business plan with job creation projections; source of funds documentation tracing capital from origin to investment; corporate documents establishing NCE; investor’s role/management documentation; and (at I- 829 stage) evidence of 10+ jobs created and investment sustained.
Government Filing Fees
I-526 filing fee $11,160 plus $1,000 RIA Integrity Fee; I-485 fee $1,140; I-829 fee; Biometrics; Asylum Program Fee.Processing Timeline
I-526 currently 12–36+ months depending on category; Conditional green card valid 2 years; I- 829 currently 24–48+ months; Total process 4–7 years for most direct cases. The EB-5 program is currently authorized through September 30, 2027, with grandfathering protection for petitions filed by September 30, 2026.
Why Choose Our Firm
Our EB-5 practice handles complex direct investment cases including new business ventures, business expansions, and franchise investments. We provide source of funds tracing across multiple jurisdictions, business plan review, NCE structuring, and full lifecycle representation through I-829.
