EB-5: Employment Based Immigration – Immigrant Investor Program
Alert: On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule.
On June 22, 2021, the U.S. District Court for the Northern District of California, in Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC, vacated the EB-5 Immigrant Investor Program Modernization Final Rule. While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019, including:
- No priority date retention based on an approved Form I-526;
- The required standard minimum investment amount of $1 million and the minimum investment amount for investment in a Targeted Employment Area (TEA) of $500,000;
- Permitting state designations of high unemployment TEAs; and
- Prior USCIS procedures for the removal of conditions on permanent residence.
In other words, we are applying the regulations in effect before Nov. 21, 2019, on this website and in the USCIS Policy Manual, Volume 6, Part G, Investors. In addition, we again will accept the April 15, 2019, version of Form I-526, Immigrant Petition by Alien Entrepreneur, because the Nov. 21, 2019, version of the form reflects updates from the now-vacated rule.
Congress created the Immigrant Investor Program, also known as the EB-5 program, in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.
Eligibility
To qualify for the EB-5 program, a foreign investor must make a minimum capital investment into a new commercial enterprise that creates and/or preserves permanent full-time employment for at least 10 qualified U.S. workers.
You may be eligible to be classified as an EB-5 immigrant investor if you:
- Invest in a new commercial enterprise, which is any for-profit activity formed for the ongoing conduct of lawful business that was either:
- Established after Nov. 29, 1990; or
- Established on or before Nov. 29, 1990; that was:
- Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or
- Expanded through the investment so that a 40% increase in the net worth or number of employees; or
- Invest the required minimum amount of capital: $1,050,000 for standard investments or $800,000 for investment in a commercial enterprise principally doing business in a targeted employment area or in a regional center-associated infrastructure project. For petitions filed before March 15, 2022, the two amounts were $1,000,000 for standard investments or $500,000 for investments in a targeted employment area.
Please visit the E-B Immigrant Investor page for more information.
How to File
You must:
- Read the instructions for Form I-526, Immigrant Petition by Standalone Investor or I-526E, Immigrant Petition by Regional Center Investor;
- Complete and sign your Form I-526 or I-526E;
- Pay the filing fee, if applicable; and
- Provide all required evidence and supporting documentation.
We strongly recommend that you also visit our EB-5 filing tips page.
Want status updates about your case? Learn how to create a USCIS online account to stay informed.
After You File
Once we receive your form, you will receive a:
- Receipt notice confirming we received your petition;
- Biometric services notice, if applicable;
- Notice to appear for an interview, if required; and
- Notice of our decision.
Forms and Fees
- Form I-526
- Form I-526E
- Find the fee information on Our Fees page, or use our Fee Calculator to help determine your fee.