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GREEN CARD THROUGH INVESTMENT

EB-5: The Green Card That Doesn't Depend on Your Country, Age, or an Employer Sponsor

By making a qualifying investment in a U.S. business that creates jobs for American workers, you, your spouse, and your unmarried children under the age of 21 may obtain lawful permanent residence (a Green Card)—without a job offer, without labor certification, and available to investors of any nationality.

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THE ESSENTIALS

What is EB-5 and how does it work?

It is an immigrant category—not a temporary visa—created under INA 203(b)(5) and modernized by the EB-5 Reform and Integrity Act of 2022 (RIA). It allows a foreign investor to obtain conditional permanent residence in exchange for an investment that creates or maintains at least 10 full-time jobs for U.S. workers.

It is open to investors of any nationality, not just treaty countries. It is filed via I-526 (direct investment, stand-alone) or I-526E (through a USCIS-designated Regional Center), and culminates with the removal of conditions via I-829.

💵 The amount and the source — substantial investment with legitimate funds and a documentable path without gaps.
🏢 The company (NCE) — a legally organized and actively operating New Commercial Enterprise.
👷 Jobs created — at least 10 full-time positions for American workers.
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requisitos

REQUIREMENTS

Who qualifies for the EB-5?

The EB-5 evaluates the investor and the investment separately. Green: Clearly meets requirements. Amber: Needs proper documentation. Red: Without this, the case is not viable.

You, the investor

Para calificar necesitas…

Lawful capital available for substantial investment

 

Of any nationality — without a treaty country

 

Source and path of funds without documentary gaps

 

Participation in managerial management or policy formulation

 

Capital held at risk during conditional residency

 

Funds of undocumented or illicit origin

BASE REQUIREMENT

 

BASE REQUIREMENT

DOCUMENT

​DOCUMENT

 

DOCUMENT

DISQUALIFYING

Your investment

To qualify you need…

New, lawful, and actively operating commercial enterprise

 

Current minimum amount ($800k at TEA / $1,050k outside of TEA)

 

Creation or preservation of 10 verifiable jobs

 

APR eligibility for reduced amount and set-asides

 

Via stand-alone (I-526) or Regional Center (I-526E)

 

Passive company with no real operations

BASE REQUIREMENT

 

BASE REQUIREMENT

 

DOCUMENT

​​

​DOCUMENT

TO BE DETERMINED

 

DISQUALIFYING

stand alone
🟢 Stand-alone (I-526)

Inviertes directamente en tu propio negocio operativo en EE. UU. y participas activamente en su gestión.

Control total sobre el negocio y la creación de empleo
✅ Requiere un plan de negocios sólido y detallado
✅ El empleo se cuenta de forma directa, empleado por empleado
🟡 Regional Center (I-526E)

You invest in a project managed by a USCIS-designated Regional Center, with management handled by third parties.

It does not require active daily management of the business
Allows counting direct, indirect and induced employment
Access to set-asides (rural, high unemployment, infrastructure)

THE QUESTION EVERYONE IS ASKING

Stand-alone or Regional Center: which is your case?

Both paths lead to the same place — the green card — but with very different roles and evidence.

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proceso

OUR METHODOLOGY

Your EB-5, step by step

1
WEEK 1
Strategic assessment
We analyze your available capital, the jurisdiction of origin of the funds, and your long-term family goals.
2
THE ARMOR
Source and path of funds audit
We trace the legitimate origin of the capital and document every move before committing the investment.
3
THE WAY
Stand-alone or Regional Center, and TEA eligibility
We define the appropriate structure and verify if the project qualifies for TEA zone and set-asides.
4
THE PROJECT
Business plan or fund review
In stand-alone, we developed the business plan; at the Regional Center, we reviewed the I-956F and the fund documents.
5
THE REQUEST
Preparation of the I-526 / I-526E
We put together the complete dossier with evidence of investment, employment, and business structure.
6
THE RESIDENCE
Adjustment of status or consular process
We are moving towards conditional residency based on your location and the validity of your priority date.
The signing of a contract
Superposición de datos financieros
faq

FAQ

Frequently Asked Questions

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US Visa LATAM provides legal assistance to individuals seeking to manage their immigration process. US Visa LATAM is owned and operated by attorneys and employs licensed attorneys for legal consultations. This entity is owned or managed (in whole or in part) by an attorney licensed by the Texas State Bar and is subject to the bar's rules. US Visa LATAM is not affiliated with or endorsed by USCIS. We support our clients through our methodology and tools for managing their immigration process. Only legal consultations and form review should be considered legal advice.

©2023 by US Visa LATAM

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