US EB-5 Immigrant Investor Programme
The US EB-5 Immigrant Investor Programme provides a route to US lawful permanent residence for qualifying foreign investors who invest the required capital in a US commercial enterprise and satisfy the programme’s job-creation requirements.
Qualifying investors, together with their spouse and eligible unmarried children under 21, can potentially obtain US permanent residence through the EB-5 route. Applicants must demonstrate that the required investment has been made from lawful sources and that the relevant immigration, investment and job-creation requirements are satisfied.
Hudson McKenzie advises international investors and families on the immigration and legal aspects of the EB-5 process, including eligibility, source and path of funds, standalone and Regional Center applications, supporting documentation and the removal of conditions on permanent residence.
What Is the US EB-5 Immigrant Investor Programme?
The EB-5 programme is the United States’ employment-based fifth-preference immigrant investor route.
It allows qualifying foreign investors to pursue lawful permanent residence by investing the required amount of capital in a new commercial enterprise in the United States and creating the required number of qualifying US jobs.
Unlike temporary investor or employment routes, EB-5 is an immigrant classification designed to lead to permanent resident status where all applicable requirements are satisfied.
An EB-5 investment can potentially be made either:
- through a standalone investment; or
- through an approved Regional Center structure.
The immigration requirements differ depending on the investment structure selected.
What Are the Main EB-5 Visa Requirements?
An EB-5 applicant generally needs to establish that:
- the required amount of capital has been invested or is actively in the process of being invested;
- the capital was obtained through lawful means;
- the investment is made in a qualifying new commercial enterprise;
- the investment satisfies the applicable EB-5 rules;
- the enterprise creates at least 10 qualifying full-time jobs;
- the applicant meets the relevant documentary and immigration requirements; and
- an immigrant visa is available when required for the relevant stage of the process.
USCIS currently requires at least 10 jobs for qualifying employees as part of the EB-5 framework.
EB-5 Visa Requirements & Application Process
EB-5 Investment Amount, Targeted Employment Areas & Job Creation
Standalone Investment vs Regional Center Investment
Lawful Source of Funds, EB-5 Application Process & Visa Availability
Conditional Green Card, I-829, Family Members & Long-Term Residence
How Hudson McKenzie Can Help With an EB-5 Visa Application
EB-5 applications can involve a combination of immigration law, detailed financial documentation, investment structures and evidence of job creation.
Hudson McKenzie advises international investors and families considering the United States EB-5 programme.
Our support can include:
- Initial EB-5 eligibility assessment
- Review of the proposed immigration route
- Standalone or Regional Center immigration assessment
- Review of the applicable investment threshold
- Source and path of funds analysis
- Supporting-document strategy
- Form I-526 and I-526E application support
- Coordination of immigration documentation
- Family-member immigration applications
- Visa availability and priority-date considerations
- Conditional permanent residence guidance
- Form I-829 preparation and removal of conditions
- Longer-term US immigration planning
We can also advise investors who are comparing EB-5 with other international residency-by-investment options.
Hudson McKenzie does not provide investment recommendations or guarantee the performance of an EB-5 investment. Where necessary, applicants should obtain separate financial, investment, securities and tax advice.
Disclaimer: The information provided on this page is for general guidance only and does not constitute legal, investment, financial, securities or tax advice. EB-5 requirements, investment thresholds, visa availability and US immigration rules may change. Investment involves financial risk and immigration approval is not guaranteed. Applicants should obtain advice based on their individual circumstances and verify the requirements in force before committing capital or filing an application.
