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EB-5 Investor Visa — Shair Legal
Home › Practice Areas › Employment-Based › EB-5 Investor Visa
Employment-Based Immigration

EB-5
Investor Visa

Obtain a U.S. Green Card through a qualifying investment of $800,000–$1,050,000 that creates at least 10 full-time jobs. No employer sponsor, no job offer, no skills requirement. Attorney Shair guides investors through every stage.

$800K TEA Investment 10 U.S. Jobs Created Form I-526E Regional Center Option Family Green Cards
Determine Whether EB-5 Is the Right Investment Immigration Path for You

An EB-5 case involves more than making an investment in the United States. Your investment, source of funds, business or regional center project, job creation, and immigration strategy must work together within the requirements of the EB-5 program.

Attorney Mohammad Shair can review your investment plans, financial history, family immigration goals, and the structure of the proposed investment before you move forward.

Whether you are considering a regional center project or a direct investment in your own business, the goal is to understand what the EB-5 process will require, what documentation you will need, and where potential immigration issues should be addressed before your petition is filed.

Overview

The EB-5 Immigrant Investor Program allows foreign nationals to obtain lawful permanent residence in the United States by making a qualifying investment in a U.S. business that creates at least 10 full-time jobs for qualifying U.S. workers. Created by Congress in 1990 and significantly reformed by the EB-5 Reform and Integrity Act of 2022, EB-5 is the only immigration pathway based entirely on capital investment — with no employer sponsor, no job offer, no skills test, and no language requirement.

There are two investment pathways: direct investment (managing your own new commercial enterprise) and Regional Center investment (a more passive pooled investment through a USCIS-designated Regional Center). The investment threshold depends on whether the enterprise is located in a Targeted Employment Area (TEA).

"EB-5 is the most direct path to a U.S. Green Card for successful investors and entrepreneurs. Attorney Shair guides clients through every stage — from investment structure and source of funds documentation to I-526E filing, conditional Green Card, and I-829 petition."

Investment Thresholds

The minimum investment amount depends on whether the new commercial enterprise is located in a Targeted Employment Area (TEA).

Standard Investment
$1,050,000
Investment in a new commercial enterprise located outside a Targeted Employment Area (TEA). Must create at least 10 full-time jobs for qualifying U.S. workers.
Non-TEA Urban Areas
TEA Investment
$800,000
Investment in a Targeted Employment Area — a rural area or one with unemployment at least 1.5x the national average. Same 10 full-time job creation requirement.
Rural / High-Unemployment TEAs
Who Qualifies
High-Net-Worth Foreign Nationals
Individuals with sufficient capital to make the required investment ($800,000 in a TEA or $1,050,000 standard) who seek U.S. permanent residence for themselves and their immediate family.
Direct Investment — New Commercial Enterprise
Investors who establish a new U.S. business or invest in an existing troubled business, creating at least 10 full-time jobs directly for qualifying U.S. workers.
Regional Center Investment
Investors who invest through a USCIS-designated Regional Center — a pooled investment vehicle that allows indirect job creation counting, lower hands-on involvement, and often lower risk through established projects.
Families of the Investor
The EB-5 investor's spouse and unmarried children under 21 may receive derivative Green Cards — bringing the entire immediate family to the United States as lawful permanent residents.
Investors Seeking Path to Citizenship
After 5 years as a lawful permanent resident (or 3 years if married to a U.S. citizen), EB-5 investors may apply for U.S. citizenship through naturalization.
Investors with Lawful Source of Funds
EB-5 requires demonstrating that investment capital was obtained through lawful means — including business income, salary, investments, inheritance, gifts, or loans secured by the investor's own assets.
The EB-5 Process — Step by Step
01
Investment Planning & Source of Funds
Attorney Shair works with you to identify the appropriate investment vehicle (direct or Regional Center), confirm TEA eligibility for the reduced threshold, and begin documentation of the lawful source of investment funds — the most scrutinized aspect of every EB-5 petition.
Free consultation; weeks to gather documentation
02
File Form I-526E — Immigrant Petition
The investor files Form I-526E (Immigrant Petition by Regional Center Investor) or I-526 (direct investment) with USCIS. The petition demonstrates the qualifying investment, job creation plan, and lawful source of funds. Attorney Shair prepares a comprehensive petition package with all supporting exhibits.
After investment is made or capital committed
03
USCIS I-526E Processing
USCIS reviews the I-526E petition — evaluating the qualifying investment, the new commercial enterprise, the job creation methodology, and the source of funds documentation. Processing times vary significantly. Attorney Shair responds to any RFEs promptly.
24–48 months (varies significantly)
04
Consular Processing or Adjustment of Status
After I-526E approval and a current priority date, the investor either completes DS-260 consular processing at a U.S. embassy or files I-485 if already in the U.S. in valid status. Concurrent I-765 (EAD) and I-131 (AP) filing is available for adjustment applicants.
After I-526E approval
05
Conditional Green Card — 2 Years
Upon approval, the investor and qualifying family members receive a 2-year conditional Green Card. During this period, the investment must remain at risk, the enterprise must be sustained, and the 10 jobs must be created.
2-year conditional period
06
File I-829 — Remove Conditions
Within 90 days before the 2-year conditional Green Card expires, the investor files Form I-829 to remove conditions — demonstrating that the investment was sustained, the new commercial enterprise was maintained, and the 10 qualifying jobs were created. Upon I-829 approval, the investor receives a permanent 10-year Green Card.
90 days before 2-year anniversary
Key Benefits
No Employer Sponsor Required
EB-5 is investor-driven — no employer sponsor, no job offer, no PERM, and no employer relationship of any kind is required. The investor controls the path.
No Skills, Education, or Language Requirement
Unlike other employment-based categories, EB-5 has no educational degree, professional skills, or English language requirements — the qualifying factor is the investment itself.
Entire Family Gets Green Cards
The investor's spouse and unmarried children under 21 receive derivative Green Cards — making EB-5 one of the most comprehensive family immigration pathways available.
Regional Center Option — Passive Investment
Through a USCIS-designated Regional Center, investors can make a more passive investment in established, vetted projects — without the operational involvement required for direct investments.
Path to U.S. Citizenship
After 5 years of permanent residence (or 3 years as the spouse of a U.S. citizen), EB-5 investors may apply for naturalization and full U.S. citizenship.
Priority Date Generally Current
For most countries, EB-5 priority dates are currently available — meaning there is generally no lengthy Visa Bulletin wait for most investors outside of China and India.
Build Your EB-5 Case Around the Investment and the Evidence

An EB-5 petition is not based only on whether you have sufficient capital to invest.

USCIS also evaluates how the investment is structured, where the capital came from, how it reached the investment, whether the required jobs will be created, and whether the investment satisfies the requirements of the EB-5 program.

Attorney Shair can review these elements as part of one immigration strategy rather than treating the investment and the immigration petition as separate issues.

Legal guidance can be particularly important if:

  • your investment funds come from several different sources;
  • part of the capital was gifted by a family member;
  • you are using proceeds from the sale of property or a business;
  • your funds have moved through several bank accounts or countries;
  • you are considering borrowing part of the investment capital;
  • your financial records come from multiple jurisdictions;
  • you are deciding between a regional center and direct EB-5 investment;
  • you plan to invest in or operate your own U.S. business;
  • you are uncertain how the investment will satisfy the job-creation requirement;
  • you have already invested and need to determine how the transaction should be documented for your EB-5 petition.

The earlier these issues are reviewed, the easier it may be to identify documentation gaps before they become part of the immigration record.

One of the most important parts of an EB-5 petition is demonstrating the lawful source of the capital invested.

Having the required funds in a bank account is not necessarily enough. The financial record should show how you legally obtained the money.

Depending on your circumstances, the source of funds may include business income, salary and savings, the sale of real estate or another asset, investment proceeds, inheritance, gifts, or other lawful sources.

Attorney Shair can review the history behind the funds and help determine what documentation may be needed to establish their lawful origin.

This can involve tax records, bank statements, employment or business records, sale agreements, property documents, gift documentation, or other financial records specific to your circumstances.

USCIS may also examine the path the investment capital took before reaching the new commercial enterprise.

This can become particularly important when funds move between multiple accounts, companies, family members, financial institutions, or countries.

Attorney Shair can help organize the transaction history so the petition documents not only where the money originated but how it moved from its lawful source to the EB-5 investment.

If transfers involve currency conversions, third parties, gifts, loans, or other intermediate transactions, those steps may require additional documentation and explanation.

The objective is to create a financial record that is understandable from beginning to end.

EB-5 investors may encounter very different immigration and business considerations depending on how the investment is structured.

A regional center investment generally allows the investor to participate in a qualifying EB-5 project sponsored through a designated regional center.

A direct EB-5 investment may be more appropriate for an investor who wants to establish or invest directly in a business and take a more active role in the enterprise.

Attorney Shair can explain the immigration requirements associated with each route and review how the proposed investment fits your EB-5 strategy.

The decision should take into account more than the amount invested. Job creation, business structure, investor involvement, documentation, immigration objectives, and the particular project all matter.

EB-5 is an employment-creation immigration category.

A qualifying investment generally must lead to the creation of at least 10 full-time positions for qualifying U.S. workers. How job creation is demonstrated can differ between direct investments and regional center projects.

For an investor developing a direct business, the business plan and hiring strategy can therefore become important parts of the immigration case.

Attorney Shair can review how the proposed enterprise is expected to satisfy the EB-5 job-creation requirement and how that requirement connects to the evidence submitted with the petition.

This is important not only at the beginning of the EB-5 process but later when the investor seeks to remove the conditions on permanent residence.

Choosing an EB-5 project is also an investment decision, and an immigration attorney does not replace the financial, tax, or investment professionals responsible for evaluating its commercial merits.

However, the project also needs to work from an immigration perspective.

Attorney Shair can review immigration-related documentation and identify issues relevant to the EB-5 petition, including the project's structure, job-creation methodology, required immigration filings, and how the investor's petition connects to the underlying project.

For regional center investors, this review can help you understand the immigration documentation supporting the project before your individual EB-5 petition is filed.

High-net-worth investors do not always have simple financial histories.

Your investment capital may come from years of business ownership, multiple companies, real estate transactions, investment portfolios, family assets, or accounts located in different countries.

Complexity does not necessarily prevent an EB-5 case, but it can make documentation and financial tracing more important.

Attorney Shair can work with you to identify which transactions are relevant to the immigration case and organize the supporting record so USCIS can understand how the investment capital was accumulated and transferred.

Where appropriate, the immigration strategy can also be coordinated with accountants, tax professionals, business counsel, or other advisors involved in the transaction.

The EB-5 process does not end when the initial investor petition is approved.

Qualifying investors generally obtain permanent residence on a conditional basis and later must complete the process of removing those conditions.

That later stage requires showing that the EB-5 requirements applicable to the investment have been satisfied, including the relevant investment and job-creation requirements.

Attorney Shair can help you approach the initial petition with this later stage in mind so that important investment and immigration records are preserved throughout the process.

Planning for the full EB-5 lifecycle can be particularly important for investors whose projects, businesses, or financial circumstances may change over time.

An EB-5 Request for Evidence may focus on the source or path of funds, investment structure, job creation, project documentation, or another part of the petition.

Attorney Shair can review the USCIS notice together with the original filing to identify exactly what evidence or legal issue is being questioned.

A response can then be built around the specific concern rather than simply adding more documents to the record.

If your EB-5 petition has already encountered a more serious problem or denial, Attorney Shair can review the existing case and help you understand what options may remain available.

EB-5 Investor Visa Representation in Florida and Nationwide

If you are considering an EB-5 investment in Tampa or elsewhere in Florida, Attorney Mohammad Shair can review your proposed immigration strategy, source of funds, and investment structure before you file.

Shair Legal also represents EB-5 investors nationwide and can work with international investors pursuing U.S. permanent residence through the EB-5 program.

Frequently Asked Questions

EB-5 may be an option if you are prepared to make a qualifying investment and can satisfy the program's investment, lawful-source-of-funds, job-creation, and other requirements. Attorney Shair can evaluate your circumstances and compare EB-5 with other employment or entrepreneur immigration options that may be available.

The required investment depends on the location and type of qualifying investment. Because EB-5 investment thresholds and program rules can change, Attorney Shair can confirm the requirements applicable when you are preparing to invest and file.

Yes. Lawful source and path of funds are important parts of an EB-5 petition. The evidence should establish how the investment capital was legally obtained and how it reached the EB-5 investment.

Gifted funds may potentially be used, but the transaction and lawful source of the gifted capital must be properly documented. The specific financial history should be reviewed before relying on gifted funds for an EB-5 petition.

Potentially. The case may need documentation establishing ownership of the property, the lawful acquisition of the asset, the sale transaction, receipt of the proceeds, and the path of those funds into the EB-5 investment.

A regional center investment involves an EB-5 project associated with a USCIS-designated regional center, while a direct EB-5 investment generally involves investing directly in a new commercial enterprise. The two routes can differ significantly in project structure and how qualifying job creation is demonstrated.

Yes. The EB-5 program generally requires the creation of at least 10 qualifying full-time jobs for each investor. How those jobs are demonstrated depends in part on the investment structure.

A qualifying investor's spouse and unmarried children under 21 may generally be eligible to immigrate as derivative beneficiaries as part of the EB-5 process, subject to the applicable immigration requirements.

EB-5 investors generally first obtain conditional permanent resident status. A later petition is required to remove the conditions after the applicable requirements have been satisfied.

Yes. Attorney Shair can review your individual immigration circumstances, source and path of funds, and immigration-related project documentation before preparing your investor petition.

Yes. Attorney Shair can review the RFE together with the original petition and supporting record to determine what USCIS is questioning and prepare a response focused on the specific issues raised.

Yes. EB-5 is frequently used by international investors. Attorney Shair can represent eligible EB-5 clients pursuing U.S. immigration from outside the United States as well as investors already living in the U.S.

Why Choose Attorney Shair?

EB-5 petitions involve complex securities law, immigration law, and financial documentation requirements. The source of funds documentation alone can span dozens of exhibits across multiple jurisdictions and languages. Attorney Shair prepares comprehensive EB-5 packages with meticulous source of funds tracing, coordinates with financial advisors and Regional Center counsel, and ensures every aspect of the investment structure meets USCIS requirements before filing.

Free EB-5 Consultation

Attorney Shair evaluates your EB-5 investment options — free, no obligation.

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Investment Summary
TEA investment minimum$800,000
Standard investment$1,050,000
Jobs required10 full-time U.S. workers
Conditional GC period2 years
Key Forms
Investor Petition (RC)I-526E
Direct Investor PetitionI-526
Adjustment of StatusI-485
Remove ConditionsI-829

Ready to Invest in Your U.S. Future?

Attorney Shair guides EB-5 investors through every stage — from investment structure to permanent Green Card. Free consultation.