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Should You Invest in a U.S.-Based Business?
If you are a well-informed international investor seeking to put your resources to work in the United States, you already know that attractive investment opportunities are abundant in this nation. Let an Illinois EB-5 visa attorney help you take advantage of those opportunities.
To boost the U.S. economy, the United States encourages international investors to invest, work, and live in the U.S. with their families. In return, investors and their immediate families receive EB-5 visas and may qualify to become lawful permanent residents and eventually U.S. citizens.
The EB-5 investor visa program was established by the Immigration Act of 1990 to improve the U.S. economy through the infusion of capital and the creation of jobs by providing international investors with the benefits of lawful permanent residence in the United States.
What Are the EB-5 Investment Rules and Requirements?
The EB-5 visa is offered to those investing at least $1,050,000 (as of 2025) in a U.S.-based commercial enterprise that will create ten or more full-time jobs for U.S. workers.
However, in designated high-unemployment regions – Targeted Employment Areas or TEAs – the minimum investment is only $800,000. The investment must be in a new business, a business established after November 29, 1990, or a business that has experienced substantial restructuring.
EB-5 visa applicants may invest directly in a particular business or through a regional center project. Regional centers are private-sector investment groups that pool investor funds to develop resorts, hotels, and similar projects.
What Should International Investors Know About Regional Center Projects?
As of 2025, there are 547 approved EB-5 regional center projects across the U.S. This number changes as new centers are approved and older centers become inactive. Regional centers are better for EB-5 investors who prefer not to manage an investment directly and personally.
The main advantage of a regional center investment is that “induced” jobs count toward the requirement to create ten new jobs for U.S. workers. Induced jobs are created by the spending of EB-5 project workers in the community where a regional center is located.
Many EB-5 investors also prefer a regional center investment because the investor may reside anywhere in the United States and does not need to live near the project or work at the project. When you invest in a regional center project, your employment is not tied to the project.
How Do You Apply for an EB-5 Visa?
Most EB-5 investors find their patience and hard work are abundantly rewarded. Patience is essential. Only 10,000 EB-5 visas are available each year, so begin the application process immediately and understand that you may wait a year or longer for a visa to become available.
The application process begins when you complete and submit Form I-526 (“Immigrant Petition by Standalone Investor”) to U.S. Citizenship and Immigration Services (USCIS) with the advice and assistance of an Illinois immigration lawyer. Upon approval of Form I-526:
- If you live outside the United States, you must submit a visa application to the U.S. Department of State. A consular officer at a U.S. consulate or embassy will determine if you are admissible to the United States.
- If you are currently in the United States with another visa, you must apply to USCIS for adjustment of status. USCIS may conduct a background check and/or require you to appear for an in-person interview.
When an EB-5 visa is granted, the investor and the investor’s spouse and children under the age of 21 receive conditional permanent resident status in the United States for a period of two years.
How Do You Receive Indefinite Permanent Resident Status?
During the final ninety days of that two-year period, to remove the conditions on residency and receive indefinite permanent resident status, the investor must submit Form I-829 (“Petition by Investor to Remove Conditions on Permanent Resident Status”) to USCIS.
Form I-829 confirms to USCIS that the investor has made the required EB-5 investment, created ten or more full-time jobs, and boosted the U.S. economy during the two-year conditional residency period.
Upon the approval of Form I-829, the investor and his or her immediate family members receive indefinite permanent resident status. In another five years, they may apply for naturalized U.S. citizenship. An Illinois immigration lawyer can guide you through the naturalization process.
Who Benefits from the EB-5 Investor Visa Program?
The EB-5 visa program and the investments made through it benefit everyone:
- Investors may bring their families to the U.S. and pursue the American Dream.
- Business owners and developers obtain the funds to launch new projects.
- Prosperity may return to depressed communities.
- New jobs and opportunities are created for U.S.-based workers.
If you are an international investor, obtaining an EB-5 visa and deciding where to invest will take determination and diligence. The EB-5 is for investors with the will, the resources, and a vision for the future. Those investors must have the advice of an immigration lawyer they trust.
What is the Future of the EB-5 Program?
In 2025, the Trump Administration announced plans for a “gold card” visa program that would replace the EB-5 program. Under the administration’s proposed gold card program, a $5 million investment would be required.
If you are considering the EB-5 visa, the time to act is now. Contact an Illinois EB-5 visa attorney at Metcalf & Associates to learn more or begin the application process.
Metcalf & Associates Represents and Advises EB-5 Investors
Metcalf & Associates has been advising and assisting immigrants from around the world for more than 25 years. We help investors, business owners, and professionals acquire the visas they need to work and do business in the United States.
If you believe an investor visa is right for you, schedule a consultation promptly with the immigration professionals at Metcalf & Associates. Let us learn about your goals and discuss your immigration rights and options.
To begin the visa application process or to learn more about investor visas, promptly call the Schaumburg law offices of Metcalf & Associates at 224-328-1900 to schedule your first legal consultation with no obligation or cost.
