EB-5 Immigrant Investor Program
What is EB-5 Program?
The EB-5 Immigrant Investor Program provides a pathway for foreign investors to obtain U.S. permanent residency (green card) through qualifying investments.
The program is administered by the U.S. government through USCIS (U.S. Citizenship and Immigration Services).
Investments must contribute to economic growth, primarily through job creation and capital deployment into U.S. businesses or projects.
KEY PROGRAM MECHANICS
Investment Objectives
Investor capital is deployed into projects designed to:
- Support development (e.g., real estate, hospitality, infrastructure)
- Generate economic activity
- Create qualifying U.S. jobs
MINIMUM INVESTMENT REQUIREMENTS
01
Targeted Employment Areas (TEA)
Rural, High Unemployment, or Infrastructure projects: minimum investment of $800,000
02
Non-tea projects
Minimum investment of $1,050,000
03
10 FULL-TIME U.S. JOBS
Every investor must demonstrate that the investment creates or preserves a minimum of 10 full-time U.S. jobs
PROJECT STRUCTURING
Institutional-quality structuring focuses on
Proven developers and execution track record
Strong capital structure and collateral positioning
Defined path to repayment for investors
IMMIGRATION FILING PROCESS
The EB5 process is a multi-step immigration process that begins with selecting an investment and ends with permanent U.S. residency.
The EB5 process follows a structured path:
Step 1: Select & Invest
Into an EB-5 Project that is pending or I-956F approved.
Step 2 : File Investor Petition
The investor files form I-526E and demonstrate lawful source of funds.
If in the United States:
Apply for Adjustment of Status (Form I‑485)
If outside the United States,
Proceed through consular processing at a U.S. embassy
During processing investor may apply for:
- Work Authorization (Form I‑765)
- Travel Authorization (Form I‑131)
Step 3 – Conditional Residency & Removal of Conditions
- Investor receives a conditional green card (typically valid for 2 years)
- Investment must remain at risk
- The project must meet job creation requirements (≥10 jobs)
- After 2 years, the investor files Form I–829 to remove conditions
Step 4 – Permanent Residency
Upon I-829 approval, receive permanent (unconditional) green card.
INVESTOR QUALIFICATION
The investors must:
- Provide qualifying investment capital
- Demonstrate lawful source of funds
- Participate in a qualifying EB-5 project
- Family benefits: The investor’s spouse and unmarried children under 21 qualify as derivative applicants and receive the same conditional green card, with full rights to live, work, and study anywhere in the United States.
Two investment pathways exist:
(1) Regional Center – most investors choose this pooled investment route;
(2) Standalone/Direct – the investor directly establishes or acquires a U.S. business and must create direct jobs only
Investment projects often fall into designated categories such as:
- Rural areas
- High unemployment areas (TEAs)
- Infrastructure projects
EB-5 TIMELINE
TIMELINE CONSIDERATIONS
Timing is a critical factor due to:
- Program authorization windows (currently through 2027)
- Visa category availability (updated via monthly Visa Bulletin)
- “Grandfathering protections” that may preserve eligibility for applications submitted under current rules
Industry Trend – Investors are increasingly moving earlier into qualified projects due to regulatory uncertainty and demand dynamics
Critical Considerations
- Regulatory timing (authorization through 2027)
- Timing considerations include:
- September 30, 2026: Applications properly filed prior to this date may qualify for “grandfathering” protections under current program rules
- January 1, 2027: Investment thresholds are scheduled to adjust based on inflation, which may impact future participation requirements.
- Project quality and sponsor credibility
- Proper sequencing of filings (I-956F → I-526E)
- Work with an experienced immigration lawyer to prepare your filing documents as USCIS evaluates lawful source of funds, investment structure, “at risk” capital, and job creation compliance.
Discuss Whether the Strategy Fits
If you are evaluating whether this type of strategy may fit your income profile and investmentobjectives, GPS can help you begin the discussion.
Global Pacific Securities works alongside investors and their CPAs or other professional advisors to:
- explain how EB-5 Program works;
- review timing, structure, and investment considerations;
- evaluate whether the strategy may fit within a broader investment plan.
Schedule A Strategy Consulation
This material is for informational purposes only and is not tax, legal, accounting, or investment advice. Investors should consult their own tax, legal, and financial advisors regarding their specific circumstances. Private investments involve risk, including possible loss of principal, illiquidity, limited transferability, and lack of a guaranteed secondary market. Suitability depends on each investor’s objectives, risk tolerance, liquidity needs, tax circumstances, and applicable offering requirements.
Disclaimer
Unless indicated otherwise all securities offerings are made through Global Pacific Securities US, Inc., a broker-dealer registered with the SEC and Member of FINRA and SIPC. This communication is for informational purposes only, is not an offer, solicitation, recommendation or commitment for any transaction or to buy or sell any security or other financial product, and is not intended as legal, investment or tax advice or as a confirmation of any transaction. Prospective investors should inform themselves and seek their own independent legal, tax, financial or any other advice and take the appropriate advice as to any applicable legal requirements and applicable taxation and exchange control regulations in the countries of their citizenship, residence or domicile before engaging in any investing activity. For risks of private placements, please read the Important Information. Client examples are hypothetical and for illustration purposes only. Individual results may vary. Key Considerations: (1) Please refer to the Private Placement Memorandum (PPM) of the specific investment. (2) Investors should be aware that income distribution is not guaranteed and is subject to change based on various factors including market conditions, and cash availability. Please refer to PPM of the specific investment. (3) The rates are different for each investment and should not be construed as a guarantee as the actual distribution rate may vary based on the performance of the investment. (4) The minimum investment amounts are hypothetical and may vary based on specific investment opportunities.