EB-5 visa

Apply for permanent residence in the U.S. with the support of BAL’s EB-5 visa expert

What is the EB-5 visa investor program?

The EB-5 Immigrant Investor Program is an immigrant visa program that allows foreign national investors — including their spouses and unmarried children under 21 — to apply for U.S. lawful permanent residence by investing in a U.S. enterprise and creating jobs for U.S. workers.

Immigrant Investor Program requirements

1. Make the required minimum investment in a new commercial enterprise in the U.S. ($1,050,000, or $800,000 if in a Targeted Employment Area).

2. Create or preserve 10 permanent full-time jobs for qualified workers in the U.S.

There are two options for an EB-5 investment:

1. A direct investment in a new commercial enterprise.

2. A regional center investment, which is a business entity authorized by U.S. Citizenship and Immigration Services (USCIS) to pool EB-5 capital.

Specialized service for EB-5 investors

Kristi Ngo, a sought-after voice in the EB-5 investor community, expertly guides EB-5 investors through every step of the application process. With support from BAL’s Government Strategies and Consular Services teams, EB-5 investors receive tailored service and timely insights for an exceptional client experience.

Kristi Ngo

Senior Associate

Meet Kristi

Why work with BAL?

Immigration is all we do

BAL has 45+ years of experience in corporate immigration. Working across a diverse array of industries, program sizes and presidential administrations, BAL has deep experience supporting individuals and corporations on their immigration journeys.
Committed to exceptional service

Our knowledgeable and attentive legal team delivers white glove service to all our clients, including foreign national investors and entrepreneurs.
Experts on investor visas

BAL’s legal experts are skilled in investor visas and permanent residency solutions, including the Trump Gold Card.

Start your EB-5 investor journey by connecting with BAL’s expert.

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EB-5 Immigrant Investor Program FAQs

What are the capital investment requirements for EB-5 investors?

Based on the filing date and the investment location, the minimum capital investment amounts are:

Petition filing date	Minimum investment amount	Targeted employment area investment amount
Before 3/15/2022	$1,000,000	$500,000
On or after 3/15/2022	$1,050,000	$800,000 (includes infrastructure projects)

Capital includes cash and all real, personal or mixed tangible assets owned by the immigrant investor. Capital is valued at fair-market value in U.S. dollars.
Funds used for the EB-5 investment must have been lawfully obtained. Detailed evidence of the lawful source of funds is essential to the immigrant investor process.
A targeted employment area is a rural area or an area that has experienced an unemployment rate of at least 150% of the national average.

Why should new regional center investors file for an EB-5 visa before Sept. 30, 2026?

The regional center framework for the EB-5 program is established by Congress rather than regulation. Under the EB-5 Reform and Integrity Act of 2022, this framework remains authorized through Sept. 30, 2027. However, only investors who submit their filings by Sept. 30, 2026, will be grandfathered under the current rules of the regional center program. Those who file after that date may be subject to program modifications or risk the program not being reauthorized.

What are the job creation requirements for EB-5 investors?

The capital investment in a new commercial enterprise must create at least 10 full-time positions for qualified U.S. workers.
For a new commercial enterprise outside a regional center, the new enterprise must directly create all full-time, permanent positions.
- Direct jobs are jobs where the new commercial enterprise and the people it employs have a direct employer-employee relationship
Full-time positions require a minimum of 35 working hours per week.
Regional center projects may count direct, indirect and induced jobs to meet the job creation requirements, which is calculated by economic impact models.

What qualifies as a new commercial enterprise?

A new commercial enterprise is any the following for-profit activity to conduct ongoing lawful business:

Sole proprietorship
Limited or general partnership
Holding company and its wholly owned subsidiaries
- Each subsidiary must engage in for-profit activity formed for the ongoing conduct of a lawful business
Joint venture
Corporation
Business trust
Limited liability company
Other entity that is publicly or privately owned

What are regional centers?

Regional centers are public or private economic units in the United States designated by USCIS to promote economic growth. They allow investors to count indirect or induced jobs to fulfill the EB-5 job creation requirement. A list of currently approved EB-5 regional centers can be found here.

What are EB-5 immigrant visa set-asides?

The 2022 EB-5 Reform and Integrity Act created EB-5 visa set-asides for qualified investors who invest in specific types of projects.

Area invested in	EB-5 immigrant visas set-aside each fiscal year
Rural area	20%
High unemployment area	10%
Infrastructure project	2%

Any unused set-aside visas are held in the same category for one more fiscal year. After the second fiscal year, any unused set-aside visas are released to the unreserved EB-5 visa numbers during the third fiscal year.

How many EB-5 visas can be issued each year?

The Immigration and Nationality Act allocates about 10,000 EB-5 visas annually, which is based on 7.1% of the worldwide employment limit.

Who can receive lawful permanent residency through the EB-5 visa program?

Eligible investors along with their spouse and unmarried children under the age of 21 are able to apply for lawful permanent residency through the EB-5 visa program.