EB-5 Visa Attorney

An EB-5 investment visa, otherwise known as an investment green card, requires a substantial financial commitment to create additional employment in the US. The EB-5 Visa is based on a qualifying US investment. Unlike an E-2 visa, the EB-5 visa does not require applicants to manage the day-to-day affairs of a business. In addition, applicants for the visa may invest in an existing or a new business, more than one person may invest, and applicants may be a minority owner. Applicants can also live anywhere in the United States — regardless of where the investment is made.

Have questions about or need assistance with this process? Contact our Texas immigration attorneys today at (214) 305-2266.

New EB-5 Investment Amount

The EB-5 visa was first created in 1990. Since that time, the minimum investment amounts required to obtain the visa remained the same: $500,000 for an investment in a Targeted Employment Area (TEA) or $1 million for non-TEA investments. The Department of Homeland Security defines TEAs; they are either rural areas or places with high unemployment. However, as of November 21, 2019, the investment minimums were raised to meet inflation. The new EB-5 investment stipulations are:

• $900,000 for TEA investments
• $1.8 million for Non-TEA investments

EB-5 Requirements

In addition to the investment requirements, applicants for an EB-5 visa must meet other qualifications. The largest of which is the requirement to create 10 jobs in the US as a result of the investment. To summarize, there are three ways to meet the investment and job-creation requirements for an EB-5 visa.

• Invest $1.8 million in a non-TEA and hire 10 full-time employees.
• Invest $900,000 in a TEA and hire 10 full-time employees.
• Invest either $1.8 million in a non-TEA or invest $900,000 in a TEA and create 10 full-time indirect or induced jobs as a result of the investment.

Also, EB-5 applicants must prove that they are investing in a "new business." For the purposes of this visa, a new business is either one that was formed after Nov. 29, 1990, or one that has been purchased and restructured, or expanded through investment resulting in at least a 40% increase in the net worth or number of employees.

Job Creation Requirements

As mentioned above, EB-5 investors are required to prove job creation as a result of their investment. This can either be done through directly hiring 10 new employees to an organization, or by creating 10 indirect or induced jobs.

Indirect jobs are positions created in the community to support the business with goods or services. Induced jobs are defined as jobs within the community that are or will be created as a result of income spent by employees of the project.

In some instances, EB-5 applicants may be able to invest in what the USCIS defines as a "troubled business." Troubled businesses are defined as companies that

• have been operating for 24 months,
• have experienced a net loss of at least 20% of the company's net worth in the preceding 12-24 months prior to the investor's EB-5 application,
• employs at least 10 full-time employees and expects to maintain that level of employment for at 36-42 months.

Investors may be able to meet the 10-job requirement if they invest in a troubled business and manage to save 10 jobs that otherwise would've been lost.

Possible Updates to the EB-5 Visa with Trump's Gold Card Proposal

In early 2024, former President Donald Trump introduced the concept of a "Gold Card" as part of his broader immigration platform. While the proposal is still in discussion stages and has not been passed into law, it has generated significant interest and speculation about how it could affect current investment-based immigration programs, particularly the EB-5 visa.

The Gold Card concept envisions a visa specifically aimed at wealthy investors and highly skilled individuals who wish to live and work in the United States. Unlike the EB-5 visa, which requires job creation and investment in specific regions or industries, the Gold Card proposal focuses on granting permanent residency based primarily on financial investment and contributions to the U.S. economy without the same restrictions.

Potential Changes to Investment Thresholds

If the Gold Card proposal moves forward, one of the anticipated impacts on the EB-5 program could be an adjustment of investment thresholds. While the EB-5 currently requires a minimum investment of $900,000 in a Targeted Employment Area or $1.8 million outside of one, the Gold Card could introduce higher minimum investments or tiered investment options, possibly starting at $2 million or more. The goal would be to attract ultra-high-net-worth individuals and differentiate this visa from existing investment options.

Changes to Job Creation Requirements

Another potential update relates to job creation requirements. The EB-5 visa mandates the creation of at least 10 full-time jobs. Under the Gold Card concept, there may be fewer or even no job creation requirements, as the emphasis would be on significant financial contribution rather than active business development or job generation. This could make the process more streamlined for investors but might also increase scrutiny around the source of funds and the potential for economic benefit.

Geographic Flexibility and Industry Focus

The EB-5 visa limits certain benefits to investments in specific sectors or designated regions, such as TEAs. The Gold Card, however, could offer broader geographic flexibility, allowing investors to live and invest wherever they choose. This shift would appeal to investors who want freedom in their personal and business decisions without being tied to predetermined areas.

Streamlined Processing Times

The current EB-5 process can involve lengthy processing times and delays. If implemented, the Gold Card program could prioritize faster adjudication, offering expedited reviews for high-tier investors. This potential change could put pressure on the EB-5 program to also enhance its efficiency, benefiting applicants in both categories.

What This Means for Prospective EB-5 Investors

While the Gold Card proposal is not yet law, it signals a growing interest in expanding and modernizing U.S. investor immigration pathways. Potential EB-5 applicants should stay informed about policy changes and consider acting sooner rather than later, as new programs could lead to shifts in requirements or greater competition for investor visas.

At Pollak PLLC, we continuously monitor developments in immigration policy and advise our clients on how proposed changes may affect their plans. We help clients navigate the complexities of current regulations while preparing for the potential opportunities and challenges that new legislation may bring.

EB-5 Process

In order to obtain an EB-5 visa, an applicant must first file Form I-526, Immigrant Petition by Alien Investor. This form relates to the information we've covered above, including the investment sum, the business in question, and the amount of jobs created by the investment.

Once the USCIS approves Form I-526, applicants can either file DS-260, Application for Immigrant Visa and Alien Registration, in order to obtain an EB-5 visa, or file Form I-485, Application to Register Permanent Residence or Adjust Status, to adjust status to a conditional permanent residence within the US.

EB-5 Investment Options: Direct Investment vs. Regional Centers

The EB-5 visa program offers two primary paths for foreign investors: direct investment and investment through regional centers. Understanding the differences between these options is crucial when deciding how to structure your investment and meet the requirements for obtaining a green card. Both approaches have their own advantages, obligations, and risk profiles. At Pollak PLLC, we help clients assess which path is right for their financial goals and immigration needs.

Direct Investment

Direct investment involves investing in a new commercial enterprise where the investor plays an active role in managing or overseeing the business. This option appeals to entrepreneurs who wish to maintain more control over their investment and business operations. Direct investors are responsible for demonstrating the creation of at least 10 full-time jobs for U.S. workers. These jobs must be directly associated with the business receiving the investment.

Examples of direct investments include opening a restaurant, purchasing and expanding an existing company, or developing a new manufacturing facility. This route provides more autonomy but also requires a hands-on approach, along with significant effort to ensure business success and compliance with USCIS requirements.

Direct investment is best suited for individuals who are comfortable with business management, have prior entrepreneurial experience, and prefer to oversee job creation and business growth personally.

Regional Center Investment

Regional centers are designated entities approved by USCIS to promote economic growth in specific geographic areas. These centers pool investments from multiple EB-5 applicants and manage large-scale projects, such as real estate developments, infrastructure improvements, or hospitality ventures.

Regional center investments allow for indirect and induced job creation, which is a key advantage. Rather than needing to hire 10 full-time employees directly, investors can rely on economic models that project job creation as a result of their capital infusion. This reduces the burden of day-to-day business management and lessens the need to document each job creation individually.

Investing through a regional center is ideal for those seeking a more passive investment approach. It appeals to investors who want to meet EB-5 requirements without taking on direct operational responsibilities. However, because the investor has limited control over project management and job creation calculations, careful due diligence is critical to ensure the regional center's reliability and success record.

Choosing the Right Path

Deciding between direct investment and a regional center depends on the investor's goals, experience, and comfort level with business involvement. Those looking for greater control and potential for higher returns may prefer direct investment, despite its complexity. Investors seeking simplicity, reduced responsibility, and the convenience of indirect job creation often choose the regional center path.

At Pollak PLLC, we guide our clients through evaluating each investment route, helping them consider project feasibility, associated risks, and long-term immigration goals. Whether choosing direct investment or a regional center, we assist in reviewing investment documents, confirming compliance with USCIS requirements, and ensuring the investment supports the client's pathway to permanent residency.

The Job Creation Immigrant Visa and Green Card for Investors

The EB-5 visa, often referred to as the job creation immigrant visa, is a unique pathway for foreign investors to obtain lawful permanent residency in the United States. Unlike employment-based visas that rely on sponsorship from a U.S. employer, the EB-5 program allows investors to self-petition by making a substantial investment that contributes to the U.S. economy and generates employment opportunities for American workers. This structure provides foreign nationals with an opportunity to secure green cards for themselves and their immediate family members while simultaneously driving economic growth.

Core Focus on Job Creation

At the heart of the EB-5 visa is the job creation requirement. The U.S. government established this program not only to attract foreign capital but also to ensure that the investment results in tangible benefits for American communities. Every EB-5 investor must demonstrate that their investment will create at least 10 full-time jobs for U.S. workers. These jobs can be direct, indirect, or induced, depending on the type of investment.

Direct jobs are those where employees are hired directly by the business that received the EB-5 investment. These are often found in direct investment projects where the investor is actively managing or overseeing the enterprise. Indirect and induced jobs are typically associated with regional center investments, where job creation is projected through economic models that measure the broader impact of the investment.

Investment Types and Job Impact

Whether the investor chooses a direct investment or a regional center project, job creation documentation is essential. Business plans, economic analyses, and third-party reports are often used to substantiate that the investment will meet or exceed the job creation requirement. For troubled businesses — companies experiencing financial distress — the focus may shift to job preservation, allowing investors to meet EB-5 requirements by saving at least 10 existing jobs that would otherwise be lost.

Green Card Benefits for Investors and Families

Once an investor meets the job creation and investment requirements, they become eligible for conditional permanent residency, granting them and their immediate family members — spouses and unmarried children under 21 — the ability to live, work, and study in the United States. After two years, investors must file Form I-829 to remove the conditions on their residency. This requires evidence that the investment remained in place and that the job creation targets were achieved.

Upon approval of the I-829 petition, investors and their families receive full permanent resident status. This green card provides long-term stability and a path to eventual U.S. citizenship.

Guidance Through the Job Creation Visa Process

The EB-5 process requires careful planning, significant documentation, and a clear understanding of USCIS expectations. At Pollak PLLC, we help investors structure their investments, verify job creation strategies, and prepare robust petitions that meet all requirements. We also assist with responding to any government inquiries and guide clients through the removal of conditions process to secure permanent green cards.

Hiring an EB-5 Immigration Lawyer

This type of visa requires extensive documents and planning. Let our managing attorney, Karen-Lee Pollak, and experienced immigration support team advise you on whether you qualify for an investment green card.

Our firm provides full-service professional legal advice and representation to help you find an immigration solution to your visa needs. Please contact us to discuss your immigration options