EB-5 Direct Investment: Green Cards Through a U.S. Business

EB-5 Direct Investment: Green Cards Through a U.S. Business

The EB-5 direct investment pathway allows eligible foreign investors to pursue permanent residence by investing in a qualifying U.S. business and creating jobs. An investor’s spouse and eligible unmarried children under 21 may also qualify for green cards.

This option may suit investors who want to establish or develop a business and participate in its management or policymaking.

What Are the EB-5 Direct Investment Requirements?

A qualifying investment must satisfy several requirements:

In summary, the EB-5 program lets an investor obtain a U.S. green card by investing in a new business that benefits the U.S. economy, without requiring a U.S. job offer or sponsorship. Next, we will outline the specific eligibility criteria and options within the EB-5 program.

Eligibility Requirements for an EB-5 Visa

To qualify for an EB-5 visa, an investor must meet several eligibility requirements. These include thresholds for investment amount, proof of lawful funds, and the nature of the business and jobs created. Below is a summary of the key criteria:

• Investment amount: Generally, at least $1,050,000, or $800,000 if the business is in a qualifying targeted employment area—a rural area or a designated high-unemployment area. The minimum investment amounts will automatically adjust for inflation beginning January 1, 2027, and every five years thereafter. Adjusted amounts apply to petitions filed on or after each adjustment’s effective date. See the statutory investment adjustment requirements.
• Qualifying business: The investment must be in a qualifying new commercial enterprise. Purchasing an existing business does not automatically satisfy this requirement.
• Lawful funds: The investor must document how the investment funds were obtained and trace their transfer into the business.
• Investment at risk: The capital must be committed to business activity and subject to potential gain or loss.
• Investor participation: The investor must participate in management through daily operations or policymaking.

See the USCIS EB-5 eligibility requirements.

How Does the Job Creation Requirement Work?

A direct investment generally must create at least 10 permanent, full-time jobs for qualifying U.S. workers. Full-time employment generally means at least 35 hours per week.

The jobs must generally be employees of the new commercial enterprise or its wholly owned subsidiaries. Independent contractors and jobs held by the investor, the investor’s spouse, or children do not count. Special rules may allow qualifying troubled businesses to preserve existing jobs.

A credible business plan should explain staffing needs, hiring timelines, operating costs, and how the investment will support the required employment. See the USCIS EB-5 program overview.

What Is the Green Card Process?

The investor files Form I-526, Immigrant Petition by Standalone Investor, with supporting business and financial evidence.

When a visa is available, an eligible applicant may pursue adjustment of status in the United States or immigrant visa processing abroad. Certain applicants may file their adjustment application while the investor petition is pending, including concurrently, if they meet the applicable requirements. Petition approval alone does not grant immigration status.

Successful applicants initially receive two-year conditional permanent residence. The investor must then file Form I-829 during the 90-day period immediately before the second anniversary of obtaining conditional residence to request removal of conditions. Review the USCIS investor immigration process.

Is Direct Investment Right for You?

Direct investment requires coordinating business operations with immigration requirements. Buying property or an ownership interest alone does not establish EB-5 eligibility. The business structure, investment terms, and employment plan must support the application.

Visa availability also affects timing. Consult the current Department of State Visa Bulletin.

Discuss Your EB-5 Investment With Immigration Attorney Osas Iyamu

The Law Offices of Osas Iyamu, LLC, in Ocala, Florida, can help evaluate your proposed investment, source-of-funds documentation, and immigration options.

Schedule a consultation with Immigration Attorney Osas Iyamu to discuss your EB-5 direct investment plans.

This page provides general information and does not constitute legal advice. Legal information last reviewed September 2026.