EB-5 Visa Attorney in Silver Spring

The EB-5 Process from Planning to Permanent Residence

The EB-5 process begins before a project is ever selected. Early conversations cover long-term immigration goals, which family members to include, and whether other visa categories should be considered at the same time. Getting that context right shapes every decision that follows.

Source & Path of Funds

Regardless of how capital was accumulated, whether through salary, real estate sales, business proceeds, gifts, or loans, investors must demonstrate that funds were obtained through lawful means. Documentation often spans several years and may require records from multiple countries. This is one of the most scrutinized stages of any EB-5 petition, and the groundwork laid here directly affects the strength of the I-526E filing.

Filing Form I-526E or I-526

The formal petition, Form I-526E for regional center investors or Form I-526 for standalone investors, must show that the investment qualifies and that capital is lawfully sourced and placed at risk. Investors already in the United States on valid nonimmigrant status may be eligible to file Form I-485 for adjustment of status concurrently with the I-526E petition under the EB-5 Reform and Integrity Act of 2022 (RIA). That concurrent filing may allow work authorization and travel permits while the case is pending.

Consular Processing or Adjustment of Status

After petition approval, investors and qualifying family members complete either consular processing abroad or adjustment of status in the United States. Both the investor and derivative beneficiaries initially receive conditional lawful permanent resident status.

Form I-829 Removal of Conditions

Approximately two years after receiving conditional residence, investors must file Form I-829 to remove conditions. This filing requires evidence of job creation and sustained investment through the period. Processing times across all stages vary based on agency workload, visa availability, and country of birth. Investors from countries with high EB-5 demand may face longer waits due to annual per-country limits.

EB-5 Investment Requirements

Current program requirements set the minimum investment at $1,050,000 in a standard commercial enterprise, or $800,000 in a targeted employment area (TEA), defined as a rural area, a high-unemployment area, or an infrastructure project. These thresholds are subject to inflation adjustments; the next scheduled adjustment takes effect January 1, 2027, for petitions filed on or after that date. Every qualifying investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers.

Two pathways exist for meeting the job-creation requirement:

Standalone (Direct) Investment
The investor’s capital must directly create jobs within the commercial enterprise itself. This pathway requires active involvement in the business and gives the investor more direct control over operations.

Regional Center Investment
Up to 90 percent of the job-creation requirement may be met through indirect jobs created in the surrounding economy. The Regional Center Program was codified under the RIA and is currently authorized through FY2027. Each fiscal year, reserved visa categories allocate 10 percent of EB-5 visas to high-unemployment TEA investors, 20 percent to rural area investors, and 2 percent to infrastructure projects, with unused set-aside visas carrying over within their category for one additional year.