UNITED STATES · INVESTMENT IMMIGRATION

EB-5 Direct Investment

Direct EB-5 places the investor’s capital into a new commercial enterprise outside the regional-center model. The business, investment, lawful capital and qualifying job creation must be documented as one coherent case.

EB-5 Direct InvestmentUNITED STATES IMMIGRATION · INVESTMENT IMMIGRATION

The commercial enterprise

The investment vehicle, ownership, capitalization, operating plan and market assumptions should be supported by reliable corporate and financial evidence.

Direct job creation

Direct EB-5 generally relies on qualifying full-time positions created by the new commercial enterprise. Staffing plans must align with business activity and statutory timing.

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Capital at risk

The investment must remain subject to both gain and loss under the applicable framework. Guarantees and impermissible redemption arrangements can create immigration problems.

Removal of conditions

Planning should begin with the later I-829 stage in mind, including records showing sustained investment and job creation.

Typical process

1

Listen

review your objectives, history and the facts that may change the answer for EB-5 Direct Investment.

2

Assess

identify viable pathways, key risks, dependencies and realistic next steps.

3

Prepare

organize forms, evidence and submissions as one coherent record.

4

Guide

communicate clearly through preparation, filing and the government process.

A general outline. Actual timing and requirements depend on current official rules and your specific file.

Frequently asked questions

Must I manage day-to-day operations?

The investor must engage in management through day-to-day control or policy formulation, but the appropriate structure depends on the enterprise and governing documents.

Does this page provide U.S. legal advice?

No. It provides general program information. U.S. legal advice and representation must be delivered through an appropriately authorized U.S. immigration professional under a written engagement.

Are visas immediately available in every category?

No. Many immigrant categories are numerically limited. Priority dates, chargeability and the Department of State Visa Bulletin can affect timing.

Can an approval be guaranteed?

No. Eligibility, evidence, admissibility, visa availability and agency discretion all affect the result.

Other United States programs

At a glance

Direct business investment
Ten qualifying jobs
Active policy role
I-829 planning

Discuss this pathway

Eligibility and competitiveness depend on your complete facts. Start with a focused assessment.

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Readiness checklist

See what to prepare before you apply

Official source: USCIS — EB-5 classification ↗

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