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U.S. EB-5 Investment Immigration
Given the United States' global leadership in technology, education, healthcare, and innovation, it has attracted outstanding talents and entrepreneurs from around the world. The U.S. EB-5 Immigrant Investor Program provides a pathway for foreign investors and their families to obtain permanent residency in the United States. As U.S. permanent residents, individuals can enjoy the freedom to choose employment, access to healthcare and social security, and the right to freely enter and exit the United States, advantages unmatched by other countries.
Advantages of choosing the U.S. EB-5 Investment Immigration Visa:
Family can apply together: the main applicant, spouse, and unmarried children under 21.
No educational, language, or business background restrictions; depending on the choice, there may be no need for personal involvement in managing the investment project.
Children's education benefits: free public elementary, middle, and high school education, and during university, they can enjoy the "Resident Tuition Rate."
Eligibility for U.S. health insurance, federal health insurance marketplace, or private medical insurance, ensuring the right to healthcare.
Taiwanese nationals skip the queue! Submit immigration applications immediately, proceed with permanent residency and citizenship procedures after obtaining a conditional green card.
I. Legislative History:
1990s: The Initial Launch of the EB-5 Investment Immigration Program
Background: Congress passed the Immigration Act of 1990, establishing the EB-5 Investment Immigration Program with the goal of attracting investors by offering them permanent residence and work opportunities in the United States. This was intended to jobs locally and promote economic growth, particularly in economically disadvantaged areas of the U.S.
1992: Establishment of the Regional Center Program
Background: To further stimulate local economic development, the U.S. government introduced the Regional Center Pilot Program (RC), aimed at directing funds into Targeted Employment Areas (TEAs), which are typically regions with high unemployment rates or rural areas. This program, with a lower investment threshold, significantly increased the attractiveness and feasibility of the EB-5 program.
1995–2022: Extensions and Expansions of the Regional Center Program
Background: Since the Regional Center Program was not permanently authorized, it required periodic reauthorization by Congress. Between 1995 and 2022, the program underwent multiple extensions and expansions, each extension lasting between 3 to 6 years. The most recent extension was passed in March 2022 under the EB-5 Reform and Integrity Act, which extended the program until September 2027.
March 2022: Passage of the EB-5 Reform and Integrity Act
Background: Congress passed the EB-5 Reform and Integrity Act of 2022, a major reform of the EB-5 program designed to address previous issues of abuse. Key changes included strengthening oversight of regional centers, reallocating visa quotas, and implementing stricter project review processes to safeguard investors' rights and ensure the legality of investments. After the enactment of the law, the minimum investment amount for TEAs was increased from $500,000 to $800,000, while the amount for non-TEAs was raised from $1 million to $1.05 million.
II. Application Requirements and Supporting Documents
According to the latest official information from the United States Citizenship and Immigration Services (USCIS), applicants for the U.S. EB-5 Investment Immigration Visa must meet the following conditions and prepare the relevant supporting documents:
Must be at least 18 years old.
Passport copy: It is recommended that the passport be valid for at least one year.
No criminal record: The applicant and any children over the age of 16 must provide proof of no criminal record from countries where they have resided for more than six months (e.g., household registration transcripts, good conduct certificates, etc.). If there is any criminal record, court documents and relevant explanations must be submitted for evaluation by the immigration authorities to determine whether it constitutes an inadmissibility issue or if a waiver is applicable.
Proof of family relationship with the applicant: This includes marriage certificates, children’s birth certificates, and proof of support.
Proof of family relationship with the applicant: This includes marriage certificates, children’s birth certificates, and proof of support.
III. Application Process
Step 1: Choose an Investment Method
Invest in a General EB-5 Project (Direct Investment)
This includes directly establishing a new business, acquiring and restructuring an existing business, or expanding an existing business to increase its assets or employee count by at least 40%. This investment method requires the investor to actively participate in the operation or management of the business and directly employ 10 full-time U.S. citizens or legal residents to demonstrate the job creation value.
Invest in an EB-5 Regional Center Project
Investors can sign an investment agreement with a USCIS-approved regional center project, becoming a partner in the project. The operation of the project is managed by the developer or management team, and investors do not need to take on management responsibilities or directly hire employees. The investment must demonstrate the creation of 10 full-time U.S. jobs, either directly or indirectly, and these jobs must be maintained for at least 2 years.
Step 2: Transfer Funds to the Designated Company Account or Escrow Account (Third-party Supervised Account)
The investment threshold for the EB-5 program varies depending on whether the investment is in a Targeted Employment Area (TEA) or a Non-TEA:
Targeted Employment Area (TEA) and Infrastructure Projects: At least $800,000
Non-Targeted Employment Area (Non-TEA): At least $1,050,000
It is important to note that even if the infrastructure project is not located in a TEA, the minimum investment threshold is still $800,000.
Whether a region qualifies as a TEA is determined by USCIS based on local unemployment rates and population size, primarily focusing on areas with an unemployment rate higher than 150% of the national average and rural areas.
After deciding on the investment target and preparing the funds, the applicant must transfer the funds into a business account or an escrow account designated for the investment project, and obtain proof of transfer, deposit verification, or subscription documents.
It is worth noting that the above investment amounts are expected to be adjusted every 5 years starting in 2027 based on the inflation index. Additionally, U.S. President Trump proposed the "Golden Card Immigration Program," aiming to replace the current EB-5 investment visa with a "Golden Card" worth $5 million, offering permanent resident rights equivalent to a green card. Although this policy is still under discussion, it may significantly impact future investment immigration trends, potentially altering the U.S. immigration market. Therefore, interested parties are encouraged to contact our professional team soon to avoid missing out on opportunities.
Step 3: Submit Online Application and Payment – Submit I-526 or I-526E Forms
After completing the investment, applicants must submit the I-526 or I-526E forms through the USCIS online system and pay the necessary fees. Initially, the review process for cases could take anywhere from one to three years, leading to frustrations. However, since the passage of the EB-5 Reform and Integrity Act in 2022, USCIS has pledged to prioritize processing "reserved visa numbers" (for TEA, infrastructure, etc.).
As of the 2025 fiscal year (FY2025), the allocation of U.S. EB-5 investment immigration visa numbers is as follows:
Total quota: 10,650
Reserved quota:
Rural Areas: 2,130 (20%)
High Unemployment Areas: 1,065 (10%)
Infrastructure Projects: 213 (2%)
Unreserved quota: 7,242.
Step 4: Submit Personal (and Co-applicant Family) Immigration Background Information – Submit DS-260 Form
Once the I-526 or I-526E application is approved by USCIS, the case will be transferred to the U.S. National Visa Center (NVC), and applicants will receive a case number and a reminder to submit their documents. If the applicant is outside the U.S., they will be required to complete the DS-260 form online through the CEAC system managed by the U.S. Consular Affairs Bureau and submit the relevant personal information. Be sure to print the confirmation page after completing the form, as it will need to be presented at the immigration interview.
Step 5: Attend the Interview at the American Institute in Taiwan (AIT)
Once the NVC has fully reviewed the application, they will arrange for the applicant to undergo a medical examination at a designated medical institution and attend an immigration interview at the American Institute in Taiwan (AIT). During the interview, the consular officer will ask about the applicant's family background, source of funds, and investment purpose. If the interview is successful, the consular officer will retain the applicant’s passport to issue the U.S. immigrant visa (which will be affixed to the passport).
Step 6: Enter the U.S. and Receive a Conditional Green Card (Temporary Green Card, valid for 2 years)
After receiving the U.S. immigrant visa, the applicant can enter the U.S. for the first time. Within 30-90 days after entry, the applicant will receive a physical conditional green card (temporary green card), which grants the applicant and their family temporary residency in the U.S. for 2 years.
IV. Conditions for Lifting the Conditions and Obtaining U.S. Permanent Residency
During the two-year period, the applicant must meet the following conditions and submit the I-829 petition within 90 days before the expiration of the temporary green card to convert it into a permanent green card (valid for 10 years):
Maintain a clean criminal record.
Continue business operations and investment activities.
at least 10 full-time jobs in the local area within two years. If not, the immigration officer will assess the job creation plan outlined in the business plan and may require the applicant to explain how they will meet this requirement within a reasonable time frame.
at least 10 full-time jobs in the local area within two years. If not, the immigration officer will assess the job creation plan outlined in the business plan and may require the applicant to explain how they will meet this requirement within a reasonable time frame.
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