Home
About
Practice Areas
Resources
Success Stories Blog
Contact
Book Free Consultation 📞 (877) 808-8666
EB-5 Investor Visa — Shair Legal
Home Practice Areas Employment-Based EB-5 Investor Visa
Employment-Based Immigration
EB-5
Investor Visa

Obtain a U.S. Green Card through a qualifying investment of $800,000–$1,050,000 that creates at least 10 full-time jobs. No employer sponsor, no job offer, no skills requirement. Attorney Shair guides investors through every stage.

$800K TEA Investment 10 U.S. Jobs Created Form I-526E Regional Center Option Family Green Cards
Overview

The EB-5 Immigrant Investor Program allows foreign nationals to obtain lawful permanent residence in the United States by making a qualifying investment in a U.S. business that creates at least 10 full-time jobs for qualifying U.S. workers. Created by Congress in 1990 and significantly reformed by the EB-5 Reform and Integrity Act of 2022, EB-5 is the only immigration pathway based entirely on capital investment — with no employer sponsor, no job offer, no skills test, and no language requirement.

There are two investment pathways: direct investment (managing your own new commercial enterprise) and Regional Center investment (a more passive pooled investment through a USCIS-designated Regional Center). The investment threshold depends on whether the enterprise is located in a Targeted Employment Area (TEA).

"EB-5 is the most direct path to a U.S. Green Card for successful investors and entrepreneurs. Attorney Shair guides clients through every stage — from investment structure and source of funds documentation to I-526E filing, conditional Green Card, and I-829 petition."

Investment Thresholds

The minimum investment amount depends on whether the new commercial enterprise is located in a Targeted Employment Area (TEA).

Standard Investment
$1,050,000
Investment in a new commercial enterprise located outside a Targeted Employment Area (TEA). Must create at least 10 full-time jobs for qualifying U.S. workers.
Non-TEA Urban Areas
TEA Investment
$800,000
Investment in a Targeted Employment Area — a rural area or one with unemployment at least 1.5x the national average. Same 10 full-time job creation requirement.
Rural / High-Unemployment TEAs
Who Qualifies
High-Net-Worth Foreign Nationals
Individuals with sufficient capital to make the required investment ($800,000 in a TEA or $1,050,000 standard) who seek U.S. permanent residence for themselves and their immediate family.
Direct Investment — New Commercial Enterprise
Investors who establish a new U.S. business or invest in an existing troubled business, creating at least 10 full-time jobs directly for qualifying U.S. workers.
Regional Center Investment
Investors who invest through a USCIS-designated Regional Center — a pooled investment vehicle that allows indirect job creation counting, lower hands-on involvement, and often lower risk through established projects.
Families of the Investor
The EB-5 investor's spouse and unmarried children under 21 may receive derivative Green Cards — bringing the entire immediate family to the United States as lawful permanent residents.
Investors Seeking Path to Citizenship
After 5 years as a lawful permanent resident (or 3 years if married to a U.S. citizen), EB-5 investors may apply for U.S. citizenship through naturalization.
Investors with Lawful Source of Funds
EB-5 requires demonstrating that investment capital was obtained through lawful means — including business income, salary, investments, inheritance, gifts, or loans secured by the investor's own assets.
The EB-5 Process — Step by Step
01
Investment Planning & Source of Funds
Attorney Shair works with you to identify the appropriate investment vehicle (direct or Regional Center), confirm TEA eligibility for the reduced threshold, and begin documentation of the lawful source of investment funds — the most scrutinized aspect of every EB-5 petition.
Free consultation; weeks to gather documentation
02
File Form I-526E — Immigrant Petition
The investor files Form I-526E (Immigrant Petition by Regional Center Investor) or I-526 (direct investment) with USCIS. The petition demonstrates the qualifying investment, job creation plan, and lawful source of funds. Attorney Shair prepares a comprehensive petition package with all supporting exhibits.
After investment is made or capital committed
03
USCIS I-526E Processing
USCIS reviews the I-526E petition — evaluating the qualifying investment, the new commercial enterprise, the job creation methodology, and the source of funds documentation. Processing times vary significantly. Attorney Shair responds to any RFEs promptly.
24–48 months (varies significantly)
04
Consular Processing or Adjustment of Status
After I-526E approval and a current priority date, the investor either completes DS-260 consular processing at a U.S. embassy or files I-485 if already in the U.S. in valid status. Concurrent I-765 (EAD) and I-131 (AP) filing is available for adjustment applicants.
After I-526E approval
05
Conditional Green Card — 2 Years
Upon approval, the investor and qualifying family members receive a 2-year conditional Green Card. During this period, the investment must remain at risk, the enterprise must be sustained, and the 10 jobs must be created.
2-year conditional period
06
File I-829 — Remove Conditions
Within 90 days before the 2-year conditional Green Card expires, the investor files Form I-829 to remove conditions — demonstrating that the investment was sustained, the new commercial enterprise was maintained, and the 10 qualifying jobs were created. Upon I-829 approval, the investor receives a permanent 10-year Green Card.
90 days before 2-year anniversary
Key Benefits
No Employer Sponsor Required
EB-5 is investor-driven — no employer sponsor, no job offer, no PERM, and no employer relationship of any kind is required. The investor controls the path.
No Skills, Education, or Language Requirement
Unlike other employment-based categories, EB-5 has no educational degree, professional skills, or English language requirements — the qualifying factor is the investment itself.
Entire Family Gets Green Cards
The investor's spouse and unmarried children under 21 receive derivative Green Cards — making EB-5 one of the most comprehensive family immigration pathways available.
Regional Center Option — Passive Investment
Through a USCIS-designated Regional Center, investors can make a more passive investment in established, vetted projects — without the operational involvement required for direct investments.
Path to U.S. Citizenship
After 5 years of permanent residence (or 3 years as the spouse of a U.S. citizen), EB-5 investors may apply for naturalization and full U.S. citizenship.
Priority Date Generally Current
For most countries, EB-5 priority dates are currently available — meaning there is generally no lengthy Visa Bulletin wait for most investors outside of China and India.
Common Questions

A direct EB-5 investment requires the investor to directly create and manage a new commercial enterprise that hires at least 10 full-time U.S. workers directly on the enterprise's payroll. A Regional Center investment allows indirect job creation — counting jobs created indirectly through the economic activity of the investment, not just direct employees. Regional Center investments are typically more passive, involve established investment projects with experienced management teams, and are often structured as limited partnerships or limited liability companies. Most EB-5 investors use Regional Centers for the reduced operational involvement and broader job creation counting methodology.

A qualifying EB-5 investment must be: (1) in a new commercial enterprise (established after Nov. 29, 1990, or a troubled business requiring the investment); (2) at the required minimum amount ($800,000 in a TEA or $1,050,000 standard); (3) at risk — meaning the capital is subject to loss; (4) creating at least 10 full-time jobs for qualifying U.S. workers (directly for direct investments; directly or indirectly for Regional Center investments); and (5) from lawful sources. The capital must be fully committed at the time of the I-526E filing.

USCIS requires EB-5 investors to trace the entire path of their investment capital from its original source to the qualifying investment. Lawful sources include business income, salary, investment returns, real estate sales, inheritance, gifts, and loans secured by the investor's own assets (not the new commercial enterprise). Documentation typically includes tax returns, bank statements, business financial records, corporate documents, and translated foreign-language documents. Source of funds is one of the most heavily scrutinized aspects of EB-5 petitions — Attorney Shair prepares a comprehensive, audit-ready source of funds package.

Yes — but conditionally. When I-526E is approved and you receive your Green Card, it is initially conditional (2 years). The 10 full-time jobs must be created during the conditional period to support the I-829 petition to remove conditions. For Regional Center investments, job creation is typically demonstrated through an economist's report showing the economic impact of the investment — direct and indirect/induced jobs. Failure to demonstrate the required job creation at the I-829 stage can result in denial and potential loss of permanent residence.

Why Choose Attorney Shair?

EB-5 petitions involve complex securities law, immigration law, and financial documentation requirements. The source of funds documentation alone can span dozens of exhibits across multiple jurisdictions and languages. Attorney Shair prepares comprehensive EB-5 packages with meticulous source of funds tracing, coordinates with financial advisors and Regional Center counsel, and ensures every aspect of the investment structure meets USCIS requirements before filing.

Free EB-5 Consultation

Attorney Shair evaluates your EB-5 investment options — free, no obligation.

Book Free Consultation →
Call WhatsApp
Investment Summary
TEA investment minimum$800,000
Standard investment$1,050,000
Jobs required10 full-time U.S. workers
Conditional GC period2 years
Key Forms
Investor Petition (RC)I-526E
Direct Investor PetitionI-526
Adjustment of StatusI-485
Remove ConditionsI-829
Related Pages

Ready to Invest in Your U.S. Future?

Attorney Shair guides EB-5 investors through every stage — from investment structure to permanent Green Card. Free consultation.

Book Free Consultation → (877) 808-8666
Chat on WhatsApp