Residence in the United StatesOverview
Congress created the fifth employment-based preference (EB-5) in 1990 to stimulate the US economy through foreign investment and job creation. An investor who places the required capital at risk in a new commercial enterprise, which must create or preserve at least ten full-time jobs for qualifying US workers, may obtain a conditional green card for themselves, their spouse and unmarried children under 21.
The EB-5 Reform and Integrity Act of 2022 (RIA) reauthorised the Regional Center Program through 30 September 2027 and set the minimum investment at USD 1,050,000, or USD 800,000 where the enterprise is in a targeted employment area (a rural area or one with high unemployment) or is a qualifying infrastructure project. These amounts are scheduled for inflation adjustment from 1 January 2027 and every five years thereafter. RIA also reserved visas for investments in rural areas (20%), high-unemployment areas (10%) and infrastructure projects (2%); these set-aside categories have frequently been current in the Visa Bulletin when the unreserved category has been backlogged for some nationalities.
Investors choose between a direct investment in their own enterprise, where jobs must be created directly, and an investment through a USCIS-designated regional center, where indirect and induced jobs can be counted. Regional center investments are the more common route for families who do not wish to manage a US business. RIA introduced additional integrity measures, including regional center fees, fund administration and disclosure requirements, and, for investors already in the United States with a current priority date, concurrent filing of the immigrant petition with an application to adjust status.
EB-5 is a statutory programme and should be distinguished from executive initiatives. The Trump Gold Card, established by Executive Order in September 2025, is administered through existing EB-1 and EB-2 categories on the basis of an unrestricted gift to the US Government rather than an at-risk investment; its terms and legal durability differ from EB-5 and should be assessed separately. A proposed Platinum Card has not been launched.
Key benefits
- Green card for the investor, spouse and unmarried children under 21 in a single application
- No requirement for business experience, education or language skills
- Freedom to live, work and study anywhere in the United States
- Regional center route allows passive participation in a managed project
- Set-aside visa categories can offer faster visa availability for certain nationalities
- Concurrent filing may allow investors already in the US to obtain work and travel authorisation while the case is pending
- Path to US citizenship after five years as a permanent resident, subject to the usual requirements
Requirements
- Investment of at least USD 1,050,000, or USD 800,000 in a targeted employment area or infrastructure project
- Capital must be at risk; guaranteed returns or redemption rights are not permitted
- Funds must be lawfully obtained, with a fully traced path from source to the enterprise
- The enterprise must create at least 10 full-time jobs per investor within the required timeframe
- Investment must be sustained through the conditional residence period
- Investor must intend to reside permanently in the United States
- Admissibility requirements: medical examination, criminal background and security checks
- Regional center projects must comply with RIA reporting, fund administration and integrity provisions
Investment options
Regional center investment – TEA or infrastructure
USD 800,000
Investment through a USCIS-designated regional center in a rural, high-unemployment or infrastructure project. Indirect jobs count, and set-aside visa categories may apply.
Regional center investment – standard
USD 1,050,000
Investment through a regional center project outside a targeted employment area, with indirect and induced jobs counting towards the ten-job requirement.
Direct EB-5 investment
USD 800,000 or USD 1,050,000
Investment in the investor's own new commercial enterprise, which must directly employ at least ten full-time qualifying workers. Suited to entrepreneurs who will manage the business.
Trump Gold Card (executive programme)
USD 1,000,000 gift plus USD 15,000 fee
Established by Executive Order in September 2025 and processed through EB-1 or EB-2 classifications. Not an investment and not part of the EB-5 statute; suitability requires separate legal assessment.
Step-by-step process
- 1
Strategy and project selection
We assess the family's goals, nationality-specific visa availability and the choice between direct and regional center routes, and support independent due diligence on any project.
- 2
Source-of-funds documentation
We assemble a complete, traceable record of the lawful source and path of the investment capital, the most scrutinised part of any EB-5 petition.
- 3
Investment and Form I-526 or I-526E
Funds are invested and the immigrant petition is filed with USCIS, with concurrent adjustment of status where available.
- 4
Consular processing or adjustment of status
On approval and visa availability, the family completes immigrant visa interviews abroad or adjusts status in the US.
- 5
Conditional residence
The family enters as conditional permanent residents for two years while the investment is sustained and jobs are created.
- 6
Removal of conditions (Form I-829)
Within the 90 days before the second anniversary, the investor files to remove conditions and obtain full permanent residence.
Typical documents
- Valid passports and birth certificates for all family members
- Marriage certificate and evidence of any prior divorces
- Detailed source-of-funds evidence: tax returns, company records, sale contracts, loan and gift documentation
- Bank records tracing transfer of funds to the new commercial enterprise
- Subscription and offering documents for the regional center project, or a business plan for direct investments
- Evidence of targeted employment area or infrastructure qualification where relying on the reduced amount
- Police certificates from countries of residence
- Medical examination by a USCIS-designated or panel physician
How Legal Wealth helps
Legal Wealth coordinates the EB-5 process as a wealth-planning exercise as much as an immigration filing. We help families define whether the programme fits their goals, support independent review of regional center projects, assemble a rigorous source-of-funds file with their banks and accountants, and work alongside licensed US immigration counsel who file the petitions. Because US permanent residence brings worldwide taxation and reporting, we plan pre-immigration structuring, trusts and succession arrangements before the green card is issued. Write to us at info@legalwealthglobal.com.
Enquire with Legal WealthFrequently asked questions
What is the current EB-5 minimum investment?
USD 1,050,000, or USD 800,000 for projects in a targeted employment area or qualifying infrastructure projects. The amounts are due for inflation adjustment from 1 January 2027.
Is the Regional Center Program still authorised?
Yes. The EB-5 Reform and Integrity Act of 2022 authorised the Regional Center Program through 30 September 2027. The Act also contains grandfathering provisions protecting certain earlier-filed petitions if authorisation lapses, so the filing date relative to those provisions should be checked for any new investment.
Do I have to live in the United States?
Yes. EB-5 grants permanent residence, which assumes the US is your permanent home. Prolonged absences can be treated as abandonment of status, and re-entry permits are needed for long trips abroad.
Who can be included in the application?
The investor's spouse and unmarried children under 21. Children who are close to 21 may be protected by the Child Status Protection Act, which should be reviewed early.
What are the tax consequences?
Green card holders are US tax residents, taxed on worldwide income and subject to US gift and estate tax rules and foreign account reporting. Pre-immigration planning is strongly recommended.
How does the Gold Card compare with EB-5?
The Gold Card, created by Executive Order in September 2025, involves a non-returnable USD 1 million gift plus a USD 15,000 fee and uses EB-1 or EB-2 classifications. EB-5 is a statutory programme in which capital is invested at risk with the prospect of return. The two carry different risks and should be assessed separately.
Last reviewed: 2026-10. Requirements, fees and timelines change. Information is general, reviewed on the date shown, and is not legal or tax advice.
