EB-5 Green Card

EB-5 Immigrant Investor Program: Permanent Residence Through Job-Creating Investment

The EB-5 (Employment-Based Fifth Preference) Immigrant Investor Program is a federal immigration pathway that allows foreign investors and their immediate family members to obtain U.S. permanent residence through a qualifying capital investment. At its core, the program is designed to stimulate the U.S. economy by attracting foreign capital and, in return, creating full-time employment opportunities for U.S. workers.

Unlike temporary investor visas, EB-5 is a direct route to permanent residence. It is built on the principle that meaningful investment when properly structured and documented, can serve both the investor's long-term goals and the broader economic interests of the United States.

The Two-Stage Structure of the EB-5 Program and Financial Requirements

The EB-5 process involves strict legal and financial standards aimed at ensuring that the investment is genuine, traceable, and economically impactful.

1. Minimum Investment Amount

Targeted Employment Areas (TEA) and Rural Areas:

A minimum investment of USD 800,000 is required for projects located in designated high-unemployment areas or rural regions.

Standard Investment Areas:

For projects located outside of TEAs, the minimum required investment amount is USD 1,050,000.

2. Job Creation Requirement

The investment must result in the creation of at least ten (10) full-time jobs for qualifying U.S. workers, excluding the investor and their immediate family members. In certain cases, involving troubled businesses, the requirement may be satisfied by preserving existing jobs rather than creating new ones.

3. Two-Step Immigration Process: Conditional and Permanent Residence

Conditional Permanent Residence:

Initially, the investor and eligible family members are granted conditional permanent residence valid for a two-year period.

Removal of Conditions (Form I-829):

Toward the end of this two-year period, the investor must file a petition to remove conditions by demonstrating that the required capital was placed at risk, used as intended, and that the job creation requirements were met. Upon approval, the investor and family members receive unconditional lawful permanent residence.

4. Lawful Source of Funds Documentation

One of the most critical and closely scrutinized aspects of an EB-5 petition is the requirement to establish the lawful source of investment funds. Investors must present a clear and well-documented trail showing that the capital was obtained through legitimate means, such as business earnings, salaries, inheritance, or the sale of assets. Transparency and consistency in financial documentation are essential to a successful EB-5 case.

In practice, the EB-5 program is best suited for investors who are prepared to make a long-term commitment to the United States and who understand that immigration approval is closely tied to economic substance. When carefully planned and professionally managed, EB-5 offers a stable and direct path to permanent residence for investors and their families.

How Celiksoy Law Firm Can Help

At Celiksoy Law Firm, PC, we understand that navigating the EB-5 Immigrant Investor Program requires careful planning, thorough documentation, and strategic legal guidance. Our experienced immigration attorneys are dedicated to helping investors achieve their goals of obtaining permanent residence in the United States through qualifying investments.

Contact Celiksoy Law Firm, PC today for a consultation on your EB-5 Green Card and U.S. immigration needs.

Disclaimer: The information in this article is for general guidance only and does not constitute legal advice. Immigration rules change frequently. Please contact Celiksoy Law Firm, PC for advice specific to your circumstances.