The EB-5 immigrant investor program is an employment based visa that was created by the Immigration Act of 1990. This visa program allows qualified applicants to obtain Green Cards (Permanent Resident Status) through investment in a new U.S. Commercial Enterprise that creates 10 full-time jobs. The minimum investment is $500,000 USD if investment is made within a Targeted Employment Area ("TEA").* In 1993, Congress also enacted the Regional Center Pilot Program, commonly referred to as “Regional Center Program”, which simplified the EB-5 process for potential investors.

*Otherwise investment minimum is $1,000,000 USD. Does not include Regional Center administrative fees.

A regional center is an entity designated by the United States Immigration Services (USCIS) to promote job creation, economic development and regional productivity. Regional Centers can simplify the process for EB-5 investors by identifying and managing qualifying EB-5 investments.

A conditional green card is issued after the investor files the I-526 petition, showing, amongst other things, that the investor has made a $500,000 or $1 million U.S. dollar investment of lawful capital in a new commercial enterprise, and describing how the required jobs will be created. I-526 petitions are usually prepared on behalf of EB-5 applicants by an immigration attorney, but the Regional Center will provide supporting documentation including business plans detailing job creation for the particular investment.
This conditional green card is only valid for two years, but otherwise carries the same rights as a permanent green card. In order to receive a permanent green card, a conditional permanent resident must file the I-829 petition to remove conditions before the 2 year expiration.

The I-829 petition is the final step of the EB-5 visa process for investors to become lawful permanent residents of the United States. Investors file this petition for removal of conditions about 21 months after the conditional green card has been issued. At that time the investor must demonstrate that they have invested the total amount of required funds, that they have sustained their investment in the new commercial enterprise throughout your two-year period of conditional permanent residence, and that the required jobs were actually created. Furthermore, it must be shown that the capital investment was made in accordance with the regional center’s business plan in order to be credited with indirect jobs. The Regional Center will provide supporting documentation to aid in the application of Removal of Conditions.

Investors must provide proof showing the funds being invested in the EB-5 program came from legitimate sources. Funds are usually verified by the following ways:
a) Previous tax returns
b) Bank statements
c) Documentation proving original source of funds (inheritance, gift, loan etc)
d) Real estate asset documents
e) Business ownership documents
f) Previous salary statements

An investor may, however, borrow the investment amount if it is secured by assets owned by the investor and the investor is personally liable for the repayment of the loan. The investor may also receive the funds as a gift, provided that all applicable taxes are paid.