The EB-5 Visa can be worth it for HNWIs seeking US residency, but it comes with high costs, investment risks, and long wait times.
In this article, we’ll explore:
- Who qualifies for an EB-5 visa?
- What is the fund requirement for EB-5?
- What is the processing time for EB-5?
- EB5 visa pros and cons
- What are the benefits of an EB-5 visa?
- How do EB-5 Visa and Golden Visa compare?
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Who is Eligible for EB 5 Visa?
To qualify for the EB-5 visa, applicants must make a qualifying investment in a new commercial enterprise that creates or preserves jobs for US workers.
Applicants do not need to meet a specific income threshold, but they must demonstrate access to the minimum required investment.
Role of Dependents and Family Inclusion
The EB-5 visa allows the principal investor to include their spouse and unmarried children under 21 in the application.
These family members receive the same immigration benefits, including conditional permanent residency and eventual eligibility for US citizenship, if the investment meets program requirements.
Regional Center vs. Direct Investment Paths
Applicants can invest through one of two routes:
- Regional Center Program: The most popular option, it allows for passive investment into USCIS-approved projects. It also permits indirect job creation, making it easier to meet employment requirements.
- Direct Investment: The investor actively manages or develops their own business and must directly create 10 full-time jobs. This option offers more control but involves greater risk and administrative burden.
What Is the Minimum Age for EB-5?
The EB-5 visa program does not set a strict minimum age requirement, but age plays an important role in determining how one applies whether as the principal investor or as a dependent.
In practice, the principal EB-5 investor must be at least 18 years old to independently enter into binding investment contracts, open escrow accounts, and prove lawful control over the source of funds.
Applicants under 18 may face legal challenges in proving ownership and management of the required investment capital.
What Is the Minimum Amount for EB-5?
The EB-5 visa program requires a significant financial investment as a condition for obtaining US permanent residency. However, the minimum amount varies depending on where and how the investment is made.
As of 2025, the standard investment amount for the EB-5 visa is $1,050,000.
This applies to investments made in businesses located outside of designated Targeted Employment Areas (TEAs).
Investors choosing this route typically have more flexibility in project location but must still meet job creation and compliance criteria.
To encourage investment in underdeveloped regions, the EB-5 program offers a reduced investment threshold of $800,000 for projects located in TEAs.
These areas include rural regions and locations with high unemployment rates.
Most Regional Centers structure their offerings to qualify under this lower threshold, making it the more common route among applicants.
Escrow and Proof of Funds Requirements
The full investment amount must be placed “at risk” for the purpose of generating a return and creating jobs.
In most cases, funds are held in escrow accounts until the applicant’s I-526E petition is approved.
Applicants must also provide comprehensive documentation proving the lawful origin of the funds, including bank records, tax returns, and sales agreements if the capital was sourced from property or business transactions.
Lawful Source and Path of Funds
USCIS requires detailed documentation showing the lawful source and unbroken path of funds used for the investment.
Accepted sources include:
- Salary and business income
- Sale of assets or real estate
- Inheritance or gifts
- Dividends or investment income
All transfers must be traceable from the original source to the escrow or project account.
EB-5 Visa Cost
While the EB-5 visa requires a minimum investment of $800,000 or $1,050,000, that’s only part of the total cost.
Applicants should budget for a range of additional fees and expenses that can significantly increase the overall financial commitment.
Government Filing Fees
USCIS charges several non-refundable filing fees throughout the EB-5 process. As of 2025:
- Form I-526E (Immigrant Petition by Regional Center Investor): approx. $11,160
- Form I-485 (Adjustment of Status), if applicable: approx. $1,440 per applicant plus $85 for biometrics requirement (waived for 78 years old or older)
- Form DS-260 (for consular processing): approx. $325 per applicant plus affidavit of support fee at $120
- Form I-829 (Petition to Remove Conditions): approx. $2,850 plus $80 biometrics fee
These fees are subject to periodic increases and must be paid regardless of petition outcomes.
Regional Center Admin Fees
If investing through a Regional Center, investors usually pay an administrative fee ranging from $30,000 to $60,000.
This covers project management, reporting, compliance, and overhead associated with the investment.
It’s a non-refundable cost and not part of the investment capital.
Legal, Consultancy, and Due Diligence Costs
- Immigration attorney fees: at least $15,000 for application preparation, source of funds review, and USCIS correspondence
- Tax and financial advisors (especially for cross-border issues): varies widely depending on jurisdiction
- Due diligence on Regional Centers and projects: $5,000–$10,000, depending on scope and complexity
Hiring specialized professionals helps minimize risk, particularly in verifying a project’s legitimacy and meeting compliance standards.
Total Estimated Cost Beyond the Minimum Investment
When you add up administrative fees, legal costs, and government filings, the true out-of-pocket cost for an EB-5 visa typically exceeds $900,000 to $1.2 million, depending on whether you’re investing in a TEA and using a Regional Center.
How Long Does It Take to Get a Green Card Through EB-5?
On average, the entire process can take 18 months to several years.
However, the exact timeline for obtaining a green card through the EB-5 visa depends on several factors, including where the investor is from, whether they’re already in the US, and how quickly USCIS processes their application.
I-526E Petition and Processing Timeline
The first step is filing Form I-526E, the Immigrant Petition by Regional Center Investor.
As of 2025, USCIS estimates the processing time for I-526E petitions at 12 to 24 months, though this can vary depending on caseloads and the project’s complexity.
Priority processing is available for select rural TEA projects under the EB-5 Reform and Integrity Act.
Adjustment of Status or Consular Processing
Once the I-526E is approved, the applicant proceeds with either:
- Adjustment of Status (if already in the US on another visa), which takes around 8 to 14 months, or
- Consular Processing through a US embassy abroad, which involves the DS-260 form and an interview, typically adding 6 to 12 months to the timeline.
After approval, the applicant and qualified family members receive conditional green cards valid for two years.
Waiting Periods for Countries with Backlogs
Applicants from countries with high EB-5 demand especially China, India, and Vietnam, may face visa retrogression and waiting lists due to annual per-country caps.
For example:
- Chinese applicants may wait 5+ years
- Indian and Vietnamese applicants may experience moderate delays, depending on demand and reserved visa categories
The use of visa set-asides for rural or high-unemployment areas can help investors from backlogged countries avoid long waits by applying under categories with reserved visa allocations.
Do EB-5 Investors Get Their Money Back?
While many investors do eventually receive a return of capital, repayment is not guaranteed.
It depends on the success of the investment project and the terms outlined in the offering documents.
In most cases, EB-5 funds are returned after the investor completes the immigration process and meets the job creation requirements.
For Regional Center investments, this typically occurs after the I-829 petition is filed, which is roughly 5 to 7 years after the initial investment.
Repayment usually comes from the project’s operating income, refinancing, or sale of assets.
Factors That Affect Repayment Timelines and Amounts
Several variables influence when and how much capital is returned:
- Project structure: Debt-based models may have clearer exit timelines than equity-based ones
- Cash flow and profitability of the underlying business
- Loan maturity or equity sale conditions specified in offering documents
- Investor queue position, as some projects return capital in tranches
While many EB-5 investors do recover their initial investment, it’s crucial to remember that EB-5 is not a traditional financial investment.
Its primary goal is immigration, with capital preservation and returns as secondary objectives.
What Are the Disadvantages of EB-5 Visa? What are the advantages?
The EB-5 visa is an attractive route to US permanent residency for many global investors, but it comes with notable challenges like lengthy processing times that must be carefully considered before proceeding.
Here’s a side-by-side comparison of its pros and cons:
| Pros | Cons |
| Path to US Green Card for investor and family | Long processing time, especially for high-demand countries |
| No language, education, or employment requirement | Investment capital must be at risk, with no guarantees |
| Permanent residency for spouse and children under 21 | Strict source of funds documentation required |
| Freedom to live, work, or retire anywhere in the US | Complex application process and legal costs |
| Access to US education and healthcare systems | US tax obligations on global income once a resident |
| Potential return of investment capital | Regional center or project failure risks |
| Reserved visa categories can speed up processing | Policy changes and USCIS rule shifts create uncertainty |
What Is the Difference Between EB-5 and Golden Visa?
EB-5 offers a path to US citizenship, while Golden Visas typically offer only residency.
Residency vs. Citizenship Options
The EB-5 visa grants a path to permanent US residency (green card) and, eventually, US citizenship after five years of lawful residency.
In contrast, most Golden Visa programs (like those in Portugal or Greece) offer residency only, often without a direct or automatic route to citizenship unless additional requirements are met (such as language proficiency or full-time residence).
Required Investment Amounts
The EB-5 program currently requires a minimum investment of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA.
Golden Visa programs generally have lower financial thresholds; as low as €250,000 in Portugal and Greece, for example.
However, EB-5 offers a clear path to permanent residency and work authorization, which many Golden Visa schemes do not.
Travel Freedoms and Benefits
An EB-5 investor with a green card can live and work anywhere in the US and travel in and out of the country freely (subject to reentry requirements).
Golden Visas often allow visa-free travel within the Schengen Area, but come with residency restrictions or minimum stay requirements to maintain status or qualify for citizenship.
Program Permanence and Political Stability
The EB-5 visa is governed by US immigration law, and while it has seen reforms, it is more stable and consistently enforced than some Golden Visa programs, which have been suspended or restructured in response to political pressure or EU regulations.
For example:
- Portugal closed its real estate investment route in 2023.
- Ireland discontinued its program entirely.
Overall, the EB-5 visa is more robust for those seeking long-term relocation and eventual citizenship, while Golden Visas may suit those looking for segunda residencia, asset diversification, or greater travel access with fewer relocation commitments.
Conclusión
The EB-5 visa offers high-net-worth individuals (HNWIs) a distinctive path to US residency, with benefits extending to family, business mobility, and lifestyle access.
While the long-term rewards can be significant, the high upfront cost, investment risk, and regulatory hurdles make it essential to weigh whether the program is truly worth it for your circumstances.
Getting your capital back is possible but not guaranteed, and timelines can be unpredictable.
For globally minded investors prioritizing legacy and access, the trade-offs may still be worthwhile. Seek tailored legal and tax advice before making a commitment.
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Adam es un autor reconocido internacionalmente en temas financieros, con más de 830 millones de respuestas en Quora, un libro muy vendido en Amazon y colaborador de Forbes.
