From EB5 Investment to U.S. Citizenship: How the Process Works to Your Green Card

1. Introduction:

The EB-5 Immigrant Investor Program has become very popular with foreign investors to obtain permanent residence in America. With an opportunity to take a path of legal investment to U.S. citizenship, the program is particularly advantageous for entrepreneurs, families, and professionals who need to build a secure future in America. The coming guide will go through in full detail the transition process from EB5 investment to U.S. citizenship, going through each step along the way with the latest information, timelines, and best practices.

📞 Book a free EB5 strategy call

2. Learning about the Immigrant Investor Program (EB-5)

As a means of boosting economic development through employment generation and foreign investment from foreign nationals, the U.S. Congress created the EB-5 program in 1990. Eligible participants can receive a Green Card, or permanent legal residence, for themselves and immediate family members in return for investing a minimum capital in an American business.

Two primary channels of investment are available under the program:

• Direct Investment: Investors invest and directly place a new commercial business themselves.
• Regional Center Investment: Investors invest in USCIS-approved Regional Centers that oversee EB-5 investment projects

To those wondering if they can finance the process, it is notable that the EB-5 investment requirement was decreased by the EB-5 Reform and Integrity Act of 2022, bringing the opportunity within reach for more international investors.

3. EB-5 Visa Requirements

To be eligible for the EB-5 program and advance from EB5 investment to U.S. citizenship, applicants need to satisfy these essential conditions:

3.1. Minimum Capital Investment:

• $1,050,000 for usual investments
• $800,000 for investment in Targeted Employment Areas (TEAs)

The reduced minimum is a testament to the old Green Card investment $ 500,000 option, although the figures have since been amended.

3.2. Job Creation:

The investment must either create or save a minimum of 10 full-time positions for eligible U.S. workers in two years

3.3. At-Risk Investment:

The funds need to be "at risk" during the term of the investment; that is, there is no guarantee of a return.

3.4. Legitimate Source of Funds:

The investors need to be able to substantiate that they have obtained the funds legally.

4. Step-by-Step: From EB5 Investment to U.S. Citizenship and Beyond

4.1. Choose a Qualified EB-5 Project

Selecting an appropriate EB5 investment project is the key to a successful petition. Either directly or through a regional center, make sure the project:

• Has a comprehensive business plan
• Has an excellent job creation plan
• Defines a good exit strategy

4.2. Invest and File I-526 Petition

Invested, and now the next step is to file Form I-526 (Immigrant Petition by Alien Investor).

Documents to be filed include:

• Evidence of transfer of investment
• Documentation of the legal source of funds
• Business plan
• Analysis of job creation

The time to process the I-526 petition for a typical EB5 visa will depend, but be 12 to 24 months. Processing is faster in some countries than others as a result of visa quotas and demand. Consult current EB-5 processing time by country statistics on the USCIS Processing Times portal.

4.3. Obtain Conditional Permanent Residency

After approval of I-526, the investor and qualifying family members file for a conditional Green Card by:

• Adjustment of status (if currently in the U.S.)
• Consular processing (if abroad)

A two-year conditional Green Card is awarded and serves as a significant milestone in the process of from EB5 investment to U.S. citizenship.

4.4. File Form I-829 to Remove Conditions

Within the 90 days before the conditional Green Card expires, Form I-829 has to be filed by the investor. This petition demonstrates that:

• The entire investment was maintained.
• The business fulfilled the job creation requirement.
  Once approved, the investor and the dependents are legal permanent residents with unrestricted Green Cards.

4.5. Become a U.S. Citizen

Five years from being a legal permanent resident, investors may petition for naturalization (Form N-400), subject to:

Remaining in continuous residence in the U.S.

• Have been physically present
• Show good moral character.
• Pass the English and civics tests.

This final step completes the EB5 investing process to U.S. citizenship, converting a money investment into a life investment.

📞 Book a free EB5 strategy call

5. EB5 Loan: Funding Your Investment

Not all investors have direct access to the needed capital. That is where the EB5 loan comes in. Investors can use a loan for their capital contribution, as long as:

• The loan is collateralized by the individual assets of the investor.
• No guarantee of repayment by the EB-5 project

With an EB5 loan, investors can keep liquidity while still meeting investment requirements, and the road to U.S. residency becomes more accessible.

6. EB5 Investment Projects: What to Consider

In choosing EB-5 investment projects, the following must be considered:

Location: Is it within a TEA to qualify to use the lower $800,000 investment?

Track Record: Is there a record of I-526 and I-829 approvals with the regional center?
Transparency: Are processes for reporting job creation and use of funds transparent?

Exit Strategy: What is the projected time and mode of return of capital?

There must be diligence to prevent fraud and ensure a successful immigration process.

7. EB-5 Processing Time by Country: What to Expect

Visa availability is a significant factor in EB-5 visa processing time. As of the most recent figures:

• China: Longest retrogression waits
• India & Vietnam: Formerly backlogged but now improved post-2022 reforms
• Other Countries: Mostly current in the visa bulletin, with faster approvals

Check the Visa Bulletin for up-to-date priority date information.

8. Advantages of the EB-5 Program

Gateway to U.S. Citizenship: In contrast to other visa programs, EB-5 offers a straightforward gateway from EB5 investment to U.S. citizenship.

Family Permanent Residency: Spouse and unmarried children under 21 years included.

No Sponsor Required: In contrast to H-1B or family immigration, EB-5 is self-petitioned.

Freedom of Work and Residence: Green Card holders enjoy the freedom to work and reside anywhere in the U.S.

9. Key Statistics (Sources: USCIS and IIUSA)

• More than 85,000 investors have received Green Cards through EB-5 since 1990 (IIUSA)
• More than $41 billion has been invested in the American economy through EB-5 (IIUSA)
• EB-5 investments create 100,000+ jobs in the United States each year (IIUSA)
• USCIS approved 4,296 I-526 petitions in FY 2023, with an increase in applications from India and Vietnam (USCIS Report)
• TEA investments account for 95% of EB-5 filings because the EB-5 investment limit was reduced in 2022
• Average processing time for I-526: 18–30 months (USCIS Processing Times)

10. Final Thoughts

The cautious path to EB5 investment to U.S. citizenship demands preparation, investigation, and persistence. Utilizing resources such as the EB5 loan, choosing suitable EB5 investment opportunities, and reading the EB5 visa regulations, foreign investors can gain U.S. permanent residence and ultimately citizenship.

Whether you are determining whether and how to incorporate a loan into your petition, assembling the minimum investment necessary for an EB-5 visa, or projecting the processing time frame for EB-5 visas, expert financial and legal counsel can be the difference.

📞 Book a free EB5 strategy call