概述
The EB-5 Immigrant Investor Program offers permanent residency to foreign nationals who make a qualifying investment in a U.S. business that creates American jobs. Established by Congress in 1990 and substantially reformed by the EB-5 Reform and Integrity Act of 2022, it is one of the few green-card paths that does not require an employer sponsor, an extraordinary record, or a family relationship in the United States. Sophie Team has handled EB-5 matters since the practice's founding in 2009, through every regional-center sunset, the RIA reset, and the visa retrogression that has reshaped how mainland-China-born investors plan their filings.
The current investment threshold is $800,000 for projects in a designated Targeted Employment Area or $1,050,000 for direct investments outside a TEA. The investment must remain at risk and sustained throughout the conditional period. After roughly two years on a conditional green card, the investor files Form I-829 to remove conditions, demonstrating that the capital was deployed as committed and that the required ten full-time jobs were created or preserved.
Most of our work is done before USCIS ever sees a petition. The strength of an EB-5 case lives in the source-of-funds record, the chain of documents that traces every dollar from its lawful origin into the new commercial enterprise. We have built that record for entrepreneurs selling closely held businesses, executives drawing on decades of compensation, families using gifted or borrowed capital, and investors with assets across multiple jurisdictions. We work with both regional-center projects and direct investments, and we are candid with clients about the trade-offs of each before any money moves.
申请条件
- 01Investors able to commit $800,000 to a project in a Targeted Employment Area, or $1,050,000 to a direct investment outside a TEA, with the capital remaining at risk through the conditional-residence period.
- 02Investors whose funds come from a lawful source (earned income, a sold business, an inheritance or gift, or a loan secured against personal assets) and that source can be documented in full.
- 03Investors with a spouse and unmarried children under 21, all of whom may apply as derivative beneficiaries on the same petition.
- 04Investors prepared to maintain U.S. residence during the two-year conditional period, with absences planned and documented to protect the underlying status.
- 05Investors whose financial history allows the firm to trace funds through every transfer, conversion, and intermediary entity from origin to escrow.
申请流程
- 01
Initial assessment
We begin with a structured intake interview covering the investor's background, family composition, asset history, and timeline. The team reviews preliminary source-of-funds documents and discusses the choice between regional-center and direct investment in plain terms: what each path requires, what each carries in risk, and what each implies for the I-829 stage. No project recommendation is made until we have read the offering materials and pressure-tested the job-creation model.
- 02
I-526E petition preparation
The bulk of our engagement happens here. We assemble the source-of-funds narrative (tax filings, business records, sale agreements, gift instruments, loan documentation, and whatever else the chain of title requires) and write the petition that ties every exhibit back to a lawful origin. In parallel, we verify the project's economic report, escrow terms, subscription documents, and job-creation methodology so the filing is internally consistent before it leaves our office.
- 03
Filing and adjudication
I-526E adjudication times have varied widely under the post-RIA workload. Cleanly documented petitions in rural or infrastructure set-aside categories often move faster; high-unemployment-TEA filings sit in a longer line. We track USCIS processing data monthly and counsel clients on what is realistic for their category, country of birth, and project type. If a Request for Evidence arrives, we draft a complete response rather than a piecemeal one.
- 04
Conditional permanent residence: I-485 or consular processing
Once the I-526E is approved and a visa number is available, the investor and family obtain conditional permanent residence either by adjusting status inside the United States via Form I-485 or by consular processing at a U.S. embassy abroad. We help clients pick the route that fits their travel patterns, current immigration status, and family logistics, and we prepare every member of the household for the medical exam, biometrics, and interview.
- 05
I-829 removal of conditions
Roughly twenty-one months into the conditional period, the investor files Form I-829 to convert conditional residence to permanent residence. The filing must show that the investment was sustained and that the required jobs were created or, in limited cases, preserved. Where a project has stumbled (through delay, redeployment, or material change), we make the affirmative legal arguments that the regulations and case law allow rather than treating the I-829 as a paperwork exercise.
常见问题
What is the current minimum investment amount?
The minimum is $800,000 for projects in a designated Targeted Employment Area (which includes most regional-center projects in rural or high-unemployment areas, as well as infrastructure projects) or $1,050,000 for direct investments outside a TEA. Both figures are statutory under the 2022 EB-5 Reform and Integrity Act and are scheduled to be adjusted for inflation every five years.
How long does the EB-5 process take from start to green card?
For most clients the realistic range is two to five-plus years from petition filing to a permanent green card, depending on country of birth, USCIS workload, and the project's set-aside category. Mainland-China-born investors continue to face visa retrogression, which can add years between I-526E approval and the availability of a visa number. We are direct with clients about timelines from the first meeting; an honest estimate matters more than an optimistic one.
What documentation do I need for source of funds?
The exact set varies by source, but the typical record includes multi-year tax returns, employment or business records, bank statements covering each transfer, sale agreements for any liquidated assets, gift instruments and the donor's own source-of-funds support, and loan agreements with collateral documentation. The standard we work to is chain-of-title: every dollar in the investment account should be traceable, in writing, back to a lawful origin without gaps.
What happens if the regional-center project I invest in doesn't create the required jobs?
It is the central risk of regional-center investing and a real engineering problem at I-829. Depending on the facts, the investor may be able to rely on jobs created before a project setback, on USCIS guidance permitting redeployment of returned capital into a second qualifying investment, or on the material-change doctrine where the project has substantively shifted. We have argued each of these. None of them is a guaranteed outcome, which is why project diligence at the front end is the single most important hedge.
Can I work or live anywhere in the U.S. on EB-5?
Yes. Once conditional permanent residence is granted, the investor and family may live, work, study, and travel anywhere in the United States without restriction. EB-5 is one of the few employment-based green cards that carries no employer tie, no geographic tie, and no obligation to take a particular job, a structural advantage that often matters as much to clients as the residency itself.