How to Get a Green Card Through Investment in Real Estate

Do you want a Green Card so you can live and work in the United States?

You’ve probably heard that you can do this by investing in real estate. The initiative that allows this is called the EB-5 Immigrant Investor Program. It provides lawful permanent resident status to international investors who make qualifying investments in the United States.

In this article, we’ll explain what the EB-5 Program is and how you can get a Green Card through investment in real estate.

What Is the EB-5 Immigrant Investor Program?

In 1990, Congress created the EB-5 program to stimulate the U.S. economy and create jobs for American workers via foreign investment.

In return, foreign investors can receive an EB-5 visa. This is an immigrant visa that allows them and their eligible family members to become lawful permanent residents of the United States.

They can live and work anywhere in the country and can also apply for U.S. citizenship later on.

The EB-5 program is one of the most reliable and straightforward paths to lawful permanent residency in the United States.

The EB-5 Reform and Integrity Act of 2022 (RIA) introduced fraud-prevention measures and visa process efficiency improvements that make it easier and safer than ever to participate in the EB-5 program.

This act was designed to streamline the application process while increasing transparency. One of its key provisions requires U.S. Citizenship and Immigration Services (USCIS) to appoint a specific liaison who is responsible for providing applicants with timely information and case updates.

What Are the EB-5 Program Requirements?

The EB-5 Immigrant Investor Program has several core requirements that applicants must meet to qualify for permanent residence in the United States.

These requirements are designed to ensure that foreign investment contributes meaningfully to the U.S. economy and job market.

Invest the required amount

Applicants must make a qualifying capital investment in the United States. The standard minimum investment is $1,050,000, but this amount is reduced to $800,000 if the investment is made in a targeted employment area (TEA), which includes rural areas or locations with high unemployment.

The investment must be at risk for the purpose of generating a return, meaning it cannot be a guaranteed or passive holding, such as a loan secured by the business.

Create at least 10 full-time jobs

Each EB-5 investment must result in the creation of at least 10 full-time jobs for qualifying U.S. workers.

In regional center projects, indirect and induced jobs may also count, whereas direct investments require direct employees.

Invest in a new commercial enterprise (NCE)

EB-5 funds must be invested in a new commercial enterprise, which is a for-profit business established after November 29, 1990.

This can include a wide range of entities, such as corporations, partnerships, limited liability companies, or sole proprietorships. In some cases, an older business may qualify if it is substantially restructured or expanded.

Be involved in the management of the NCE

Direct EB-5 investors are required to be involved in the enterprise’s management, either through day-to-day operations or by participating in policy-making decisions.

Most investors meet this requirement by serving as a limited partner or a similar role, which still grants voting rights and a say in major business decisions.

However, regional center investors have no such obligation.

The EB-5 Real Estate Investment Process

Below, we’ve listed the main steps of the EB-5 process. Following this process will help you keep your application on track.

1. Choose an EB-5 Project

Decide whether to invest in an EB-5 project directly or via a regional center, as discussed earlier.

2. Make a Qualifying Investment

Make an investment that fulfills EB-5 program requirements. That means a minimum investment of $1,050,000, or $800,000 for a project located in a targeted employment area (TEA).

3. File Form I-526/I-526E

An EB-5 applicant must prove to USCIS that their investment meets the minimum threshold, will create the required jobs, and will remain “at risk” during the investment period. To do this, they file either Form I-526 or I-526E.

A direct investor must file Form I-526, Immigrant Petition by a Standalone Investor.

A regional center investor must file Form I-526E, Immigrant Petition by a Regional Center Investor.

4. Become a Conditional Permanent Resident

An EB-5 investor can apply for conditional permanent resident status after USCIS approves their I-526E. This status will last for two years.

An investor who is physically present in the United States must file Form I-485 to adjust their immigration status to conditional permanent resident.

Eligible investors who reside in the U.S. on nonimmigrant visas can file this form concurrently with their I-526E to streamline the process and enjoy some Green Card benefits while their petitions are being processed.

An investor located outside the United States must submit Form DS-260 through a U.S. embassy or consulate in their home country.

5. File Form I-829 to Remove Conditions

During the 90-day time frame at the end of the two-year conditional permanent resident period, an EB-5 investor must file Form I-829.

This form shows that the applicant complied with the EB-5 program, including meeting the job creation requirement.

After USCIS approves Form I-829, the EB-5 investor and their qualified family members become unconditional lawful permanent residents of the United States.

They can apply for citizenship by naturalization after living in the U.S. for a total of five years, which includes the two-year conditional permanent residency.

Key Decisions When Investing in Real Estate Through the EB-5 Program

This section explains the factors EB-5 investors should consider when choosing a real estate project.

Real estate project location

A targeted employment area (TEA) project is located in either a rural area or a region with high unemployment.

• Urban TEA projects are typically located in cities or metropolitan areas that meet high-unemployment criteria. They often offer strong infrastructure and market demand while still qualifying for reduced investment levels.
• Rural TEA projects are situated outside major metropolitan regions and population centers. These projects frequently benefit from visa set-asides and faster processing times due to lower demand. In contrast, non-TEA projects are located in areas that do not meet TEA requirements and therefore require a higher minimum investment amount.

Urban, rural and non-TEA projects each offer unique benefits. TEA investments reduce capital requirements and support economic development in underserved areas, while non-TEA projects may provide access to more established markets and potentially lower project risk.

Choosing the right location depends on an investor’s financial goals, timeline, and risk tolerance.

Direct vs. Regional Center Investing

As mentioned earlier, EB-5 investors must choose between investing directly in a new commercial enterprise (NCE) or through a USCIS-approved regional center. The vast majority select the regional center option due to its lower risk and reduced involvement.

Direct Investment

Direct EB-5 investment is best suited for experienced entrepreneurs who want full control and are willing to actively manage a business.

Advantages

• Potential for higher profits: Each project typically has only one EB-5 investor, so there is no need to share returns with other EB-5 participants.
• Full operational control: The investor manages the business and makes all key decisions.

Drawbacks

• Higher financial and immigration risk: The success of the investment depends entirely on the investor’s business.
• Active management required: Investors usually need to be involved in daily operations, often near the project location.
• More difficult job creation requirements: Only direct jobs created by the business count toward the EB-5 requirement of creating at least 10 full-time jobs.

Regional Center Investment

Regional center investments allow multiple EB-5 investors to fund larger development projects managed by an approved regional center within a designated geographic area.

Advantages

• Lower Overall Risk: Projects are typically professionally managed and supported by established development teams.
• Easier job creation: Both direct and indirect jobs can count toward the 10-job EB-5 requirement.
• Minimal management responsibilities: Investors are generally passive participants.
• Reduced administrative burden: Regional centers typically handle much of the reporting and documentation.

Drawbacks

• Less control over the investment: Investors are typically limited partners or passive investors.
• Dependence on the project sponsor: The investment’s success and job-creation calculations depend on the regional center and developer. The project could still fail or underperform.
• Lower potential returns: EB-5 regional center projects often prioritize immigration outcomes over investment performance, meaning financial returns can be modest compared with other investments.
• Administrative and regional center fees: In addition to the required investment amount, investors usually pay syndication or administration fees to the regional center.

Oversight introduced under the EB-5 Reform and Integrity Act of 2022 also increases transparency and accountability for regional center projects.

Loan vs. Equity Investments

EB-5 investments can be structured as loan-based or equity-based.

• Loan-based investments offer predictable repayment dates and often lower risk but provide modest returns.
• Equity-based investments offer the potential for higher returns but involve less certainty regarding when funds will be repaid, as repayment depends on project performance.

Choosing the right structure depends on an investor’s goals, risk tolerance, and timeline.

What Return Will My EB-5 Real Estate Investment Generate?

The main point of the EB-5 program is to fulfill the program’s requirements, return the investor’s capital, and get them a Green Card. Financial gains are only a secondary consideration. As previously mentioned, most EB-5 investors should not expect to get more than a 2% annual return.

Most regional center-sponsored EB-5 projects are low risk to maximize the likelihood of delivering Green Cards to investors. Direct investments or equity investments tend to present a greater possibility of strong financial returns, but take on more risk.

Real Estate: The Ideal EB-5 Investment

Real estate projects make great EB-5 investments. These are some of the reasons why.

Attractive for Developers

Real estate project developers like EB-5 investment capital because it’s an alternative source of financing. They are unsecured, short-term, low-interest loans. EB-5 funds are far less expensive than conventional loans.

Clear Returns on Investment

Real estate usually provides reliable and predictable returns on investment. It’s easier to estimate costs, sales values, and time frames with real estate than with some other investment choices.

Inflation Poses Less Risk

Inflation is a potential problem for EB-5 investors. They invest a significant sum for several years. If inflation jumps during this period, the real value of their money may decline.

However, the value of the real estate market tends to outstrip inflation. Real estate investments have a track record of serving as a good inflation hedge, helping mitigate losses in the U.S. dollar. Inflation spikes pose less risk of loss to the investor.

Tangible Assets

Real estate is a tangible asset, so an individual can physically see construction progress if they make a traditional real estate investment. That’s not the case with stocks or bonds.

EB5AN Can Help You Get a Green Card Through Investment in Real Estate

The EB-5 program is an ideal immigration pathway for foreign real estate investors who seek lawful permanent residence in the United States. They and their qualified family members will become eligible for a variety of personal and professional opportunities.

However, it’s important to collaborate with a reputable EB-5 consulting firm instead of trying to tackle the EB-5 immigration process on your own. It’s also wise to consult with an experienced immigration attorney.

EB5AN has helped more than 2,300 families from 60 countries relocate to the United States as lawful permanent residents. Our expert team has more than a decade of experience, and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate to date.

Take a look at some of our major real estate developments to get a sense of the EB-5 projects we offer.

• Twin Lakes, Georgia: This rural, secured loan project has multiple safety features and qualifies for faster processing. The developer is the Kolter Group. It has a minimum investment amount of $800,000.
• Grand Park, Colorado: This rural, senior secured loan project has multiple safety features and qualifies for faster processing. It has a minimum capital investment amount of $800,000.
• Terra Ceia, Florida: This urban EB-5 project offers a structured investment opportunity with multiple security features. The developer is the Kolter Group. It has a minimum investment amount of $800,000.

EB5AN has helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States. Our expert team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

If you would like to know more about your EB-5 investment options, book a free call with our expert team today.