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April 01, 2025

How To Get Citizenship Through Investment

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How to Get Citizenship Through Investment

Since 1990, the EB-5 visa program has offered foreign investors a path to U.S. citizenship through investment and job creation – benefiting both the investors and American communities. Specifically, the U.S. Citizenship and Immigration Services (USCIS) stated that “Congress created this employment-based 5th preference (EB-5) immigrant visa category to benefit the U.S. economy by providing an incentive for foreign capital investment in commercial enterprises that create or preserve U.S. jobs.”

In 1992, Congress took the next step by creating the Immigrant Investor Program, commonly called the “Regional Center Program.” This program allows foreign investors to pool their investments in a single (often larger) enterprise which satisfies the requirements of the EB-5 visa program for multiple investors.

By the end of 2021, over 632 Regional Centers were authorized to accept EB-5 visa investments. Additionally, the EB-5 program sets aside 10,000 EB-5 visas annually for qualified foreign investors.

The criteria to secure an EB-5 visa are stringent. However, if all requirements are met, then foreign investors and their immediate family members can secure U.S. Green Card with a path to eventual citizenship.

What Is the EB-5 Program?

The USCIS administers the EB-5 visa program. Under this program, foreign investors (and their spouses and unmarried children under 21) may apply for a Green Card if they:

  • Make the required investments in a U.S. commercial enterprise and
  • Create or preserve ten permanent full-time jobs for qualified U.S. workers.

These immigrant investors are also called “immigrant entrepreneurs.” 

This granted Green Card is valid for a 2-year period. After two years of meeting all of the EB-5 requirements, permanent residence for the foreign investor and their immediate family members is guaranteed. After holding an EB- visa for five years, these individuals will be eligible to apply for U.S. citizenship.

What Are the EB-5 Requirements?

To qualify for this visa, the foreign national must invest the following minimum qualifying capital dollar amounts in a qualifying commercial enterprise:

  • $1,050,000 (USD), or
  • $800,000 (USD) in a rural or high-unemployment area (often referred to as a Targeted Employment Area).

More specifically, to qualify for the EB-5 visa, a foreign investor must:

  • Make an at-risk investment at the required amount (meaning that the investment is an equity investment, not a loan, promise to pay, or personal guarantee).
  • Use legally obtained funds for investment in a new U.S. business or an existing business (that came into existence in 1990 or after).
  • Actively participate in the business (meaning that a purely passive investment is not acceptable; however, performing the duties of a limited partner is sufficient).
  • Create or preserve ten permanent full-time jobs for qualified U.S. workers for at least 2.5 years after the visa is granted. The visa applicant must include a business plan with their EB-5 application, demonstrating how the job creation or preservation will be met. This business plan must include a market analysis, financial projections, and competitor comparisons.

Satisfying the job creation requirement is more accessible when the investor invests through a Regional Center. In this case, investors can create both direct and indirect jobs, such as suppliers and service providers to the business. Additionally, these suppliers and service providers don’t need to be located in the Targeted Employment Area.

Additionally, this job creation requirement is often reduced for failing businesses in a Targeted Employment Area. However, these businesses aren’t always an attractive option for foreign investors.

Preparing a satisfactory EB-5 visa application is critical to the investor’s eventual success.  Having a qualified immigration attorney help with this process is essential.

What Is the EB-5 Visa Application Process?

For an EB-5 visa, you must file Form I-526, Immigrant Petition by Alien Entrepreneur, or Form I-26E, Immigrant Petition by Regional Center Investor, with the USCIS. Unlike other employment visas, an EB-5 visa does not require a labor certification.

If you currently have an immigrant visa immediately available to you, you can file a Form I-485, Application to Register Permanent Residence or Adjust Status, along with your Form I-526 or Form I-526E while your Form I-526 or Form I-526E is pending or after either form is approved.

After the USCIS approves your Form I-526 or Form I-526E application, you’ll either:

Then, once your Form I-485 application is approved or upon your admission into the U.S. with an EB-5 visa, then the USCIS will grant a conditional permanent residence to the EB-5 investor and their immediate family members for the 2-year period.

Within the 90-day period before your second anniversary of your conditional permanent residence grant, you can then file a Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. If this petition is approved, then the USCIS will remove any conditions from your lawful permanent resident status and any conditions for your immediate family.

Can My Family Join Me as an EB-5 Visa Holder?

Based on your petition, your spouse and unmarried children under the age of 21 may apply for immigrant visas. To understand how and when your family may apply for immigrant visas in this situation, consult with an experienced immigration attorney to help guide you through the process.

How Can an Immigration Attorney Help With Your EB-5 Visa Petition?

Securing an EB-5 visa petition can be time-consuming as they are very fact-specific, demanding different applications, and supporting documentation. Having an experienced immigration attorney on your side can guide you through these immigration processes, providing you and your family with a positive outcome.

Working with an experienced immigration law firm like Gendelberg Law, PLLC can streamline this process while prioritizing the needs of families in the U.S. and abroad. We go above and beyond for our clients. At Gendelberg Law, we are passionate about assisting individuals and families with their immigration needs.  Let us help you today.