Immigrant Visas
EB-5
Immigrant Investor Program: Direct & Regional Center
A green card through a qualifying investment in a U.S. business.
The EB‑5 green card, also known as the Immigrant Investor Visa or employment‑based fifth preference, allows foreign investors to obtain U.S. permanent residence by making a qualifying investment in a U.S. business that creates jobs for American workers. Under current rules, most new EB‑5 investors must invest at least 1,050,000 USD, or a reduced 800,000 USD if the project is in a Targeted Employment Area (TEA) such as a rural or high‑unemployment region or in certain infrastructure projects. In return, successful investors, their spouses, and unmarried children under 21 can receive conditional green cards, which can later become permanent if all EB‑5 requirements are met.
To qualify, the investor's capital must be lawfully sourced, placed “at risk” in a new commercial enterprise, and lead to the creation or preservation of at least 10 full‑time jobs for qualifying U.S. workers within a set period. Investors can pursue a direct EB‑5 investment by funding and managing their own business, or they can invest through a USCIS‑designated regional center that pools capital into larger development projects and often counts indirect jobs. Because Congress has tightened oversight through the EB‑5 Reform and Integrity Act, today's EB‑5 process involves careful project vetting, detailed fund‑source documentation, and strict compliance with changing USCIS guidance.
ByLaw guides investors through every step of the EB‑5 green card path, from selecting an appropriate project and documenting the lawful source of funds to preparing the I‑526E petition and later removal of conditions. Our team stays current on investment thresholds, TEA rules, visa‑set‑aside categories, and job‑creation standards so your petition clearly demonstrates eligibility under the latest EB‑5 regulations. We review the legal side of the investment and the immigration filings so that problems surface early.
Eligibility Criteria
Minimum Investment: Foreign investors who invest at least 1,050,000 USD, or 800,000 USD in a qualifying TEA or infrastructure project, in a new commercial enterprise.
Capital at Risk: Investors whose capital is lawfully sourced and fully “at risk,” with no guaranteed return and real exposure to gain or loss.
Job Creation: Applicants whose investment will create or preserve at least 10 full‑time jobs for qualifying U.S. workers within the required time frame.
Qualified Enterprise: Individuals investing in a for‑profit new commercial enterprise or qualifying troubled business, either directly or through a USCIS‑designated regional center.
Family Admissibility: Investors, along with their spouses and unmarried children under 21, who are admissible to the United States and willing to complete both the initial conditional green card stage and the later removal‑of‑conditions process.
“In EB-5, choosing the project, understanding the risks, and documenting the lawful source of your funds matter as much as the amount you invest.”
How We Help
Our EB-5 Services
Project Due Diligence
Reviewing the Regional Center's USCIS designation, the project's business plan, job creation methodology, escrow terms, and financial structure to identify red flags before the investor commits capital.
Source of Funds Documentation
Building a complete source-of-funds record that traces the money from its origin to the U.S. escrow account. Source of funds is one of the most common reasons for RFEs and denials.
I-526E Immigrant Petition Filing
Preparing and filing the I-526E (Regional Center) or I-526 (Direct) petition, including the business plan, economic analysis, and source-of-funds exhibits.
Visa Processing & Adjustment of Status
Managing the NVC queue, DS-260 preparation, and consular interview for applicants abroad; or I-485 filing for applicants inside the US once a visa number is available.
I-829 Removal of Conditions
At the 2-year mark, filing the I-829 petition to remove the conditions on permanent residency by demonstrating that the investment was sustained and jobs were created as required.
Redeployment & Exit Strategy
Advising on the regulatory requirements for redeployment of EB-5 funds when a project completes before conditions are removed, and coordinating exit from the investment in compliance with USCIS rules.
How We Work
Our Approach
Investment Selection & Due Diligence
Identifying a suitable project or direct investment opportunity, reviewing all legal and financial documents, and confirming the investment structure meets EB-5 regulatory requirements.
I-526 / I-526E Filing
Preparing and filing the immigrant petition with USCIS. This initiates the process and establishes the investor's priority date. Adjudication timelines vary by Regional Center and petition type.
Visa Stage (NVC / Consular or I-485)
Upon I-526/I-526E approval, proceeding through NVC processing and the immigrant visa interview abroad, or filing for Adjustment of Status inside the US when a visa number is available.
I-829 and the Permanent Green Card
In the 90 days before your two-year conditional green card expires, we prepare and file Form I-829 to remove the conditions on your residence, with evidence that the investment and job-creation requirements were met under the EB-5 rules that apply to your case. Once USCIS approves it, the conditions are removed.
EB-5 FAQ
By law, about 7.1% of all employment‑based immigrant visas each fiscal year are allocated to EB‑5, which in practice translates to roughly 10,000–14,000 EB‑5 visas annually for investors and their qualifying family members.
No. EB‑5 never guarantees a green card; your petition must be approved, your investment must stay at risk, and you must prove that the required jobs were created before USCIS will remove conditions and grant permanent residence.
Most EB‑5 investors should expect several years from filing the initial petition to receiving a permanent green card, often in the range of 3–5 years for categories without backlogs and longer for backlogged countries due to visa‑number limits and multi‑step processing.
Each EB‑5 investment must create or, in some cases, preserve at least 10 permanent, full‑time positions (at least 35 hours per week) for qualifying U.S. workers, excluding the investor and their immediate family; in direct projects these are actual payroll jobs at the enterprise, while regional‑center projects can also count certain indirect and induced jobs supported by the investment.
With a direct EB‑5 investment you put capital into your own or another specific business and must show 10 direct full‑time jobs. A regional‑center investment goes through a government‑designated entity that pools investors' money into larger projects. It can meet the job‑creation test with a mix of direct and indirectly calculated jobs, and the investor's role is usually more passive.
Let's begin
Ready to start your EB-5 process?
We offer a confidential consultation to understand your situation and outline your options, in English or Türkçe.