EB-5 Visa Lawyer | EB-5 Immigration Lawyer

An EB-5 visa lawyer represents foreign investors seeking U.S. permanent residency through the EB-5 Immigrant Investor Program. You invest $800,000 in a Targeted Employment Area or $1,050,000 in a standard project, create 10 full-time American jobs, and receive green cards for yourself, your spouse, and your unmarried children under 21.

Karen-Lee Pollak has practiced immigration law exclusively for over 27 years and holds the EB5 Verified badge. Pollak PLLC represents EB-5 investors nationwide and internationally from offices in Dallas and Fort Lauderdale.

Have questions about or need assistance with this process? A skilled business immigration lawyer can guide you through the complexities of EB-5 requirements and ensure compliance.

Schedule a confidential consultation with EB-5 visa attorney Karen-Lee Pollak at (214) 305-2266.

 Why Choose Pollak PLLC as Your EB-5 Visa Attorney?

Pollak PLLC brings over 27 years of exclusively immigration law practice to EB-5 investor cases. Managing Attorney Karen-Lee Pollak holds the EB5Verified badge, a credential recognizing specialized EB-5 proficiency. Karen-Lee-Pollak is a top contributor to the EB-5 investor website and she is considered one of the top EB-5 lawyers in America to deal with investment visas.

Her recognition includes Chambers Global, D Magazine Best Lawyers, and Texas Super Lawyers every year from 2014 through 2024. She holds a 10.0 Superb Avvo rating, and the firm carries more than 150 five-star Google reviews.

Karen-Lee Pollak is an immigrant herself. She led a large-firm immigration practice before founding Pollak PLLC to give investors direct senior-attorney involvement, so you work with the attorney handling your case rather than through a paralegal.

Pollak PLLC serves EB-5 investors from offices in Dallas and Fort Lauderdale and represents clients across the United States and internationally.

EB-5 Visa Investment Requirements in 2026

The minimum EB-5 investment in 2026 is $800,000 for a project inside a Targeted Employment Area and $1,050,000 for a project outside one. Congress set these thresholds in the EB-5 Reform and Integrity Act of 2022, Public Law 117-103, signed into law on March 15, 2022. They replaced the $900,000 and $1.8 million minimums that applied between 2019 and 2022, and the $500,000 and $1 million minimums before that.

USCIS adjusts both amounts for inflation every five years. The first adjustment takes effect on January 1, 2027 and is expected to raise the Targeted Employment Area minimum to roughly $900,000. Investors who file before that date lock in the current figures.

Your capital must remain genuinely at risk for at least two years, and you must document that every dollar came from a lawful source.

What is a Targeted Employment Area?

A Targeted Employment Area is a rural area, any location outside a Metropolitan Statistical Area, or an area where unemployment runs at least 150% of the national average. Investing inside one lowers your minimum to $800,000.

The 2022 reforms also reserve 20% of annual EB-5 visas for rural projects and give rural petitions priority processing at USCIS. A rural Targeted Employment Area project can therefore shorten your timeline as well as lower your cost.

How many jobs must an EB-5 investment create?

Every EB-5 investment must create or preserve at least 10 full-time jobs for U.S. workers. Direct investments require 10 employees on the payroll of the business you invested in. Regional center investments allow direct, indirect, and induced jobs calculated through accepted economic models, which is why most investors choose that route.

If you acquire a business in financial distress, the troubled business exception lets you count 10 preserved jobs toward the requirement instead of 10 new ones.

 Is the Trump Gold Card a Better Option Than EB-5? 

In early 2024, 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.

The Trump Gold Card does not replace the EB-5 Immigrant Investor Program. EB-5 is a statutory program under INA §203(b)(5) with defined investment thresholds, job creation requirements, and a conditional residence period. The Gold Card was created by Executive Order 14351 and relies on existing EB-1 and EB-2 categories, treating a financial gift to the government as evidence of national interest.

That difference in legal foundation matters. A program built on executive authority can be modified, limited, or rescinded by a future administration or by the courts. A statutory program cannot. Investors weighing the two are trading project and job creation risk for policy and litigation risk.

For a full comparison of the Gold Card, EB-5, and E-2, read our guide to the Trump Gold Card program 

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

Direct Investment or Regional Center: Which EB-5 Path Fits You?

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.

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.

How Do You Prove a Lawful Source of Funds?

USCIS requires every EB-5 investor to trace all invested capital back to a lawful source. You will typically compile about five years of financial history covering business income, real estate sales, salary, long-term savings, inheritance, or gifts.

Documents in any language other than English require certified translations. Where the funds come from a gift, the donor must supply their own tax records and bank statements proving the gifted amount was lawfully earned.

Source of funds is where most EB-5 petitions receive a Request for Evidence. Building the documentation strategy before you wire capital is what prevents one.

The EB-5 Green Card Process, Step by Step

The EB-5 process runs in eight stages from investment selection to permanent residency.

1. Select your investment path. Choose direct investment or a USCIS-approved regional center project, and conduct due diligence on the project and its sponsor.
2. Document your source of funds. Compile tax filings, bank records, and transfer documentation tracing every dollar of your capital.
3. Transfer your capital. Wire $800,000 or $1,050,000 into escrow or into the new commercial enterprise as the project structure requires.
4. File your petition. Regional center investors file Form I-526E. Direct investors file Form I-526.
5. Adjust status or process at a consulate. If you already hold valid non-immigrant status in the United States, file Form I-485. If you are abroad, your case moves to the National Visa Center and then to your U.S. embassy for a Form DS-260 interview.
6. Receive your conditional green card. Valid for two years and issued to you, your spouse, and your unmarried children under 21.
7. File Form I-829 to remove conditions. Submit within the final 90 days of the conditional period, showing that your capital stayed at risk and the 10 jobs were created.
8. Receive your permanent green card. A 10-year renewable card. You become eligible to apply for naturalization after five years of permanent residency.

How long does the EB-5 process take in 2026?

Rural Targeted Employment Area petitions currently receive priority processing at USCIS, with I-526E approvals averaging roughly five to nine months. Non-rural I-526E petitions run approximately 12 to 24 months.

Consular interview scheduling adds a further three to nine months depending on National Visa Center volume and your country of chargeability. Investors born in countries without a backlog move to the interview stage as soon as the petition is approved.