Ready to invest while starting your journey to US citizenship? The EB-5 Immigrant Investor Program offers an unparalleled opportunity to live, work, and study in the USA, with eligibility for US citizenship after just five years of legal residence. Sounds great, but how easy is it to achieve? What level of investment do you have to make? Are there other US residence by investment programs that might better suit your needs? Let's explore the benefits, the EB-5 visa requirements, and the process behind this popular pathway to US citizenship.
Immigrating to the USA is more challenging than ever
Recent reports confirm that immigration to the USA has become increasingly complex. Of the millions who apply each year, comparatively few are successful. In 2021, for example, fewer than 3% of official applicants were admitted. The highly competitive nature of the US immigration process stems from high demand, strict quotas, and a preference for family reunification. Even with family ties or a job offer, the process can take years due to administrative backlogs. To secure US residence, understanding the right path and mastering the process can make all the difference. With expert advice, you can make an informed decision and avoid mistakes and delays.
Why US residence by investment could be your next great move
What makes the USA a prime destination for high-net-worth individuals? From the innovation hub of Silicon Valley and the cultural vibrancy of New York to the wide-open spaces of Montana, the USA offers something for everyone. This great nation remains a global leader in innovation, wealth management, and business opportunities, while boasting the largest economy in the world. Despite political shifts, the USA provides a dynamic environment for individuals with significant financial means to flourish. The country offers exceptional healthcare, access to prestigious educational institutions, and a rich cultural life.
US residence options available for high-net-worth individuals
As a high-net-worth investor, entrepreneur, or senior executive looking to establish a presence in the USA, you have several options. Whether you are interested in investing, expanding your business, or transferring your expertise, the following visa programs offer pathways to US residence. However, if your long-term goal is US citizenship, one US visa stands out.
Comparison of US visa options
| EB-5 Immigrant Investor Visa | E-2 Treaty Investor Visa | L-1 Intracompany Transfer Visa |
Minimum investment | USD 800,000 | Substantial but no set minimum | No minimum investment |
Eligibility | Open to all nationalities | Open only to nationals of E-2 treaty countries | Open to all nationalities |
Business involvement | Passive or active involvement | Active management | Active management |
Processing time | 12–36 months | Up to 4 months | Up to 6 months |
Residence type | 2 years | 3 months to 5 years depending on the country of origin | 1 year |
Family rights | Spouse and unmarried dependents under 21 | Spouse and unmarried dependents under 21 | Spouse and unmarried dependents under 21 |
Path to citizenship | Direct route (after 5 years of legal residence) | Indirect route (requires transition to other visa type) | Indirect route (requires transition to other visa type) |
Why the EB-5 visa program stands out
The EB-5 Investor Visa requires a substantial investment in a US business that creates jobs, but in return, it offers you a direct path to US citizenship. It’s an excellent option if you lack family ties or a sponsor, and, in certain cases, the application process can be quicker than other visa routes. Unlike the E-2, which doesn’t directly lead to citizenship, or the L-1, which ties you to a company, the EB-5 provides long-term security and flexibility, assuming all conditions are met. Here’s why high-net-worth individuals choose the EB-5 visa:
- Security: The EB-5 visa program is a direct, streamlined path to a permanent US Green Card through investment, and it sets you up to apply for US citizenship after five years of legal residence
- Simplicity: The EB-5 application process is more straightforward than many other US visa pathways, with no requirements for business experience or English language proficiency
- Flexibility: This program’s minimal physical presence obligation means you have the freedom to travel frequently or maintain residences in multiple countries without being tied to the USA full-time. If you are already in the USA on a valid visa, you can apply for the EB-5 visa and stay on legally while your application is processed
- Family: You can include your spouse and children who are under 21 and unmarried on your application, allowing them to live, study, and work in the USA without the need for separate visas
- Education: As a US resident through the EB-5 program, you and your qualifying family members enjoy access to prestigious educational institutions, often at more favorable resident rates
- Healthcare: Because the USA has superior healthcare and top medical institutions, you benefit from world-class treatment whenever needed
- Lifestyle: Whether it's a luxury penthouse in New York or a vineyard estate in Napa Valley, the USA offers a wide range of upscale living options
- Culture: Broadway theatres, the Hollywood film industry, iconic sports like American football, and rich culinary traditions reflect the creativity that thrives in every corner of this dynamic country
What is the EB-5 Immigrant Investment Visa
The EB-5 Immigrant Investor Program has helped overseas investors secure a US permanent residence card since the early 1990s. The US Congress created this visa program to stimulate the economy by attracting foreign capital to invest in industry and job creation.
To qualify for the EB-5 visa, you must invest at least USD 800,000 for two to five years in a commercial enterprise that creates at least 10 full-time jobs for US citizens or residents. You may choose to invest through a US-government-approved regional center or directly in your own commercial enterprise, including, but not limited to, a sole proprietorship, partnership, joint venture, or corporation. Over 90% of investors opt to work with regional centers. Finally, your investment capital must be legally obtained and controlled by you.
EB-5 visa requirements at a glance
- A minimum capital investment of USD 1.05 million, or USD 800,000 in a targeted employment area (rural or high-unemployment areas)
- The investment must create 10 full-time jobs for US citizens or residents for a minimum of two years
- You must invest in a US-based, for-profit commercial enterprise
Step-by-step guide to the EB-5 visa application process
Now that you've determined the EB-5 Immigrant Investor Program is the best path for you, what steps should you take to ensure a smooth and efficient application process?
- Find an experienced partner: A qualified EB-5 advisor will guide you through the application process and ensure your investment is compliant with US regulations. This is crucial, as mistakes in documentation or investing in non-compliant projects can lead to visa denial or loss of your investment
- Document preparation: Your EB-5 partner will help you gather all the necessary documentation, including proof of the legal source of your investment funds
- Select an investment project: Your advisor will help identify a suitable regional center and investment project
- Submit your petition: File your immigrant petition with supporting documentation (to demonstrate the veracity of the information provided) with the US authorities. This form requires detailed information about your investment project and capital sources
- Receive conditional residence: Upon approval, you and your family will receive two-year conditional Green Cards
- Remove conditions on permanent resident status: After two years, file a petition to remove the conditions on your Green Card by demonstrating that your investment created the required jobs and receive an unconditional permanent residence card
- Apply for citizenship: After five years of legal residence (including your initial two years with the conditional US Green Card), you may apply for US citizenship
Successfully navigating the EB-5 visa application process
The EB-5 visa process can be a challenge. Avoidable mistakes could ultimately cost you your US citizenship. For example, if you don’t properly document the legal source of your funds, your initial application could be denied. Similarly, if you invest in a project that doesn’t create the required 10 full-time jobs, your petition to remove conditions on your US Green Card might be rejected.
Avoid these pitfalls by getting expert help from the offset. Henley & Partners is specialized in securing EB-5 visas for high-net-worth individuals. Reach out to us for a free initial consultation and let us guide you efficiently through each step of the process, so you can avoid costly mistakes and delays.
We’re here to make your EB-5 visa process as smooth and secure as possible, so you can focus on what matters most — building your future in the USA.