The EB-5 immigrant investor program offers permanent residence to foreign nationals who invest in a qualifying U.S. commercial enterprise that creates at least 10 full time jobs. Chary Law represents direct investors, regional center investors, and developers across the EB-5 lifecycle, from source of funds preparation through I-526E petition, conditional residence, and the I-829 removal of conditions.
Under the EB-5 Reform and Integrity Act of 2022, the minimum investment is 1,050,000 dollars in standard projects and 800,000 dollars in Targeted Employment Areas (TEAs), rural areas, or infrastructure projects. Reserved visa categories provide priority date relief for rural, high unemployment, and infrastructure investments.
Investors first file Form I-526E (regional center) or I-526 (direct), then either consular process or adjust status to conditional permanent residence. After two years of conditional residence, the investor files Form I-829 to remove conditions and obtain a 10 year green card.
The investor selects a project (regional center or direct), drafts comprehensive source of funds documentation, and files Form I-526E with USCIS. Once approved and the priority date is current, the investor either applies for an immigrant visa abroad or adjusts status in the United States.
Conditional permanent residence is granted for two years. Within the 90 day window before the second anniversary, the investor files Form I-829 to remove conditions, demonstrating that the investment was sustained and the jobs were created.
Spouses and unmarried children under 21 of EB-5 investors are derivative beneficiaries and receive their own conditional and permanent green cards alongside the principal investor.
Direct investment means you control the operating business that creates the jobs — you're typically running it or play a role in operations or management. Regional center means you invest passively in a USCIS designated project. Direct investments give you control and operational involvement; regional center investments are passive but require careful project diligence. Most investors choose based on lifestyle and risk tolerance, not the visa rule.
Highly variable. Country of birth matters most: investors born in unbacklogged countries can receive conditional green cards in roughly 18–36 months. Investors born in China and India face longer waits, though set-aside categories (rural and high-unemployment) often move faster than the unreserved category.
The Child Status Protection Act protects some applicants from "aging out" during processing. The interaction with EB-5 timelines is complex and country-specific. We model your children's CSPA-protected ages in the consultation so you know the family timeline.
The EB-5 Investor Visa Program allows individuals to obtain Lawful Permanent Residency (a Green Card) by investing at least $800,000 into qualifying projects that stimulate the U.S. economy. The EB-5 Regional Center Program was implemented in 1992, and since then, more than 100,000 individuals have obtained their Green Cards through this program. However, the EB-5 Regional Center Program is not permanent; it was last renewed in March 2022 and will sunset (expire) on September 30th, 2027. After that, Congress will need to vote again to extend the program or it will cease to exist. The current EB-5 law states that investors who file their EB-5 petitions by September 30th, 2026, are afforded grandfathering protection. This means they may complete the immigration process even if the Regional Center Program is not renewed.
Investors who file their petitions after that date will not be eligible for Grandfathering Protection.
Upcoming EB-5 Statutory Deadlines:
September 30, 2026: Last Day to File with Grandfathering Protection
January 1, 2027: Minimum Investment $$ Increases (Automatic Recalculation for Inflation)
September 30, 2027: The EB-5 Regional Program Sunsets
Chary Law handles EB-5 cases for direct investors and regional center participants. Speak with our team about source of funds and project diligence.
Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Immigration law is complex and fact-specific. No attorney-client relationship is formed by reading this content. Results in prior cases do not guarantee future outcomes. Please consult with a qualified immigration attorney regarding your individual circumstances.
