EB-5 Investor Visa 2021

USA EB-5 Investor Visa 2021

The United States welcomes foreign business owners and investors who are willing to purchase, relocate or establish a business which creates jobs for American workers and contributes to the American economy.


What is EB-5 visa?

The EB-5  immigrant investor program is a highly beneficial permanent residence option for the wealthy individual. For many foreign nationals it is the best option, and for foreign nationals with no family or employment sponsorship in the U.S., it may be the only option for obtaining permanent residence status.

Employment based, 5th Category EB-5 allows you, your spouse, and your unmarried children under age of 21, the opportunity to live and work in the United States of America.

EB-5 visa category is designed to provide you with a pathway to U.S. Citizenship, through investment. Currently, the amount of investment is from $900,000 (at Targeted Employment Areas) and $1,800,000 elsewhere (non-TEA zones).


Do I qualify for EB-5?

Submit our 3 minute and straight forward EB5 questioner and we will evaluate your potential EB5 case.


Our lawyers

Our lawyers have helped many foreign nationals to successfully navigate the EB-5 investor program to obtain conditional residency and go on to receive permanent residency in the United States. The legal services we offer help investors reach each milestone.

babak-hodjat-eb5-visa-1
Babak Hojjat J.D.

Babak Hojjat, J.D. is the Director of Global Operations at the Law Offices of Marjan Kasra, LLC. Mr. Hojjat specializes in Investment Visa Category, and has proven himself to be resourceful and a “go-to” member of our team. He provides strategic direction and oversight to our law firm’s marketing team. 

Dubai, UAE
Office: +971 4 518 2500
WhatsApp: +971 50 732 0905
[email protected]

marjan-kasra-eb-5-investor-visa-1
Marjan Kasra, Esq.

Marjan Kasra, Esquire is the founder and Managing Attorney of the Law Offices of Marjan Kasra, LLC. Attorney Kasra provides legal counsel to clients at U.S. Consular posts worldwide. She has extensive experience regarding the Middle Eastern-specific issues as they relate to EB-5 and E-2 Visas.

New York
Office: +1 212 500 0905
WhatsApp: +1 203 400 7060
[email protected]


Why Lawmaks

Unlike traditional US law firms, Lawmaks has offices in US and UAE to conveniently assist EB-5 clients throughout the Middle East, North America and around the world.

We offer our clients the most suitable and compatible EB-5 project. Whether you choose a direct $1.8 Million or reduced $900,000 EB-5 investment opportunity, our attorneys can file the I-526 Petition with USCIS and manages the entire immigration process.

At the completion of the two-year conditional permanent resident card (“Green Card”), our lawyers also handle the I-829 Petition (Removal of Conditions).  

Additionally, our lawyers can assist Regional Centers and potential EB-5 developers with project structuring, Regional Center designation, as well as USCIS/SEC compliance. 


EB-5 program advantages

  • Investor and derivatives will qualify for U.S. Passports and become naturalized after 5 years of presence in the United States (5 years upon entry with U.S. Green Card).
  • No special requirements for education, experience or language skills.
  • Sponsorship is not required from either an employer or a family member.
  • Investor can choose any State he or she wishes to reside in.
  • Investor and derivative family members have permission to work and/or study in the United States upon entry first entry with Immigrant Visa Stamp.
  • Investor can establish or get involved in any type of business in the United States in addition to any EB-5 investments, immediately upon first entry with Immigrant Visa Stamp.

Is EB-5 for me

  • Parents looking for a better future for their children. Those who are looking for better schools and universities where their children may thrive.
  • Individuals looking to become US Citizens (EB-5 allows for you to become naturalized US person and to obtain US Passport).
  • Expats whose present country of residence does not offer them long-term Citizenship options.
  • Individuals looking to invest and in return obtain safer environment to live in and grow their families.
  • People who want to get out of their country because of uncertainties such as financial and/or social crisis.
  • Business owner having existing business outside the U.S. who is looking for more productivity and growth and expansion into the U.S. markets.
  • Existing business owners looking for more business opportunity and tools.
  • Individuals looking for better medical services and healthcare.
  • Students obtaining higher education who want to ensure a better future upon completion of their studies.
  • Less expensive university options (i.e. loan or grants) may be available for legal permanent residents.
  • People looking for more job opportunities.
  • People looking for higher standards of living.
  • Ideal for nationals whose country does not have the Treaty Trade Agreement with the US, allowing them the option for E-1/ E-2.
  • Ideal for business savvy entrepreneurs looking for more opportunities.
  • Inventors looking to patent their invention in the United States and reside here thereafter to oversee their invention’s growth.
  • Doctors taking their USMLE exam would have a higher change of being matched for hospital Residency programs.
  • Expats whose present country does not offer them long-term Citizenship options.
  • Anyone not eligible for any other kind of visa.
  • People who want to work in financial sectors like NY stock Exchange, or who may be interested in obtaining US government jobs, and want to have a stronger standing in the US.

EB-5 vs e-2 & L-1 Visa

Side by side comparison of Investment options in U.S.

 E-2L-1EB-5 (Regional Center)EB-5 (Direct)
Investment Amount (USD)No minimum.
Any amount
sufficient to buy
or create a business
No minimum.  Any amount
sufficient to buy
or create a business
$900,000 at TEA* zone
$1.8 million outside TEA
$900,000 at TEA* zone
$1.8
million outside TEA
Gifted InvestmentYesYesYesYes
Borrowed Investment (Loan)Yes (certain rules apply)Yes (certain rules apply)Yes (certain rules apply)Yes (certain rules apply)
Investment LocationAnyAnyTEA (Targeted Employment Areas) or outside TEATEA (Targeted Employment Areas) or outside TEA
Job Creation RequirementsNot required. However,
investor must
follow the Business Plan closely
Yes. Investor
must follow the Business Plan closely
10 direct or indirect jobs10 direct jobs (more difficult to make direct jobs
Investor’s RoleInvestor has the option to hire a manager.
Otherwise must be involved in day to day operations
Management/ Executive/ Key EmployeeNo active role requirementInvestor has the option to hire a manager.
Otherwise must be involved in day to day operations
Option to purchase an existing companyYesYesN/AYes, must add 10 full-time jobs
Investor’s Overseas Employment RequiredPrefer to have similar business as with E-2 entityYes, 1 year out of the last 3-yearsNoPrefer to have managerial experience (option to hire a manager)
Country (Passport Specific)Yes. Must be from a Treaty CountryAny (if foreign business is
in certain countries like Iran there are restrictions)
All countries qualifyAll countries qualify
Required to have company outside United StatesNoYesNoNo
Timeline**Usually 2-4 months4-6 months.
Expedited, 15 business
days is available
Avg. 2-Years
Nationality Specific
Avg. 2-Years
Nationality Specific
U.S. Green Card (LPR)May convert to EB-5
only if investment grows.
May also qualify under EB-1C (consult U.S. lawyer)
Managers & Directors
may qualify for LPR
after 1-yr of entry under EB-1C (consult U.S. lawyer)
Yes, upon entryYes, upon entry
Fast TrackYes, if change status in US;
No if filing from abroad
Yes (optional) for USCIS approval,
followed by regular Consular processing (if abroad);
if changing status inside US,
expedited (15-days) is an option
NoNo
1st Visa Issuance2-years (most nationals)Depends on the type of L-1
(consult U.S. lawyer)
Starts with 2-years conditional LPRStarts with 2-years conditional LPR
Maximum LengthRenewable as long as the business is running.
Children over 21 do not qualify for renewal
5- 7 years (consult U.S. lawyer).
Children over 21 do not qualify for renewal
Permanent, upon approved I-829Permanent, upon approved I-829
Who is considered Investor’s Family (Derivative)Spouse & Unmarried Children under 21Spouse & Unmarried Children under 21Spouse & Unmarried Children under 21Spouse & Unmarried Children under 21
Can Your Derivative work?YesYesYesYes
Can Your Derivative Attend School/University?YesYesYesYes
Employment for investorImmediately upon entryImmediately upon entryImmediately upon entryImmediately upon entry
*TEA: Targeted Employment Area refers to “rural area” or an area which has experienced unemployment of at least 150% of the national average rate; TEA zones are determined by USCIS, beginning Nov/22/2019

**Average processing time from the receipt dates. Subject to change without further notification.

NOTE:  Content of this website is subject to change, and should not, under any circumstances, be construed as legal advice; information on this website is meant to provide a very general outlook in the scope of work.  If considering any type of U.S. Visa, please consult a U.S. Immigration Attorney prior to making any arrangements.

EB-5 process timeline

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EB-5 FAQ

  1. Who’s eligible to apply for EB-5 investment visa?
  2. What are the options for investments?
  3. How many visas are issued each year?
  4. What is the minimum capital investment amount?
  5. Are there any other charges and costs apart from the investment amount?
  6. Is my investment secured?
  7. Do I earn any interest from the project’s investment?
  8. Do I have to run the business myself?
  9. Do I need to create jobs? If yes, how many jobs do I need to create?
  10. What is the timeline to get to the U.S.?
  11. Does the amount of investment effect the speed of the process?
  12. Is there an expedited processing option?
  13. Is education/ Marital Status/ Number of children important to get EB-5 visa?
  14. What’s my first step?
  15. When and where do I need to invest?
  16. Do I have to live near my investment (State, City, etc.)?
  17. How long do I have to stay in U.S. to get my passport?
  18. Can I purchase houses, cars etc.?
  19. Can I have my own corporation?
  20. What’s my tax obligation?
  21. Are there any health care benefits?

1-Who’s eligible to apply for EB-5 investment visa?

Anyone with legal Source of Fund.
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2-What are the options for investments?

There are two main investment options: Direct and In-Direct (Regional Center)
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3-How many visas are issued each year?

10,000 visas each fiscal year.
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4-What is the minimum capital investment amount?

The required investment amount is either $900,000 in targeted employment area (TEA) or $1.8 million elsewhere.
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5-Are there any other charges and costs apart from the investment amount?

Yes.
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6-Is my investment secured?

EB-5 investment has to be “at-risk” by definition.
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7-Do I earn any interest from the project’s investment?

Depends on the project and usually it’s minimal.
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8-Do I have to run the business myself?

Only for Direct investment you need to take a direct managerial role, however you have the option of hiring a business manager as well.
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9-Do I need to create jobs? If yes, how many jobs do I need to create?

Yes, 10 full time jobs until obtaining your permanent green card.
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10-What is the timeline to get to the U.S.?

Approximately 2 to 3 years as of now. (subject to change anytime)
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11-Does the amount of investment effect the speed of the process?

No.
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12-Is there an expedited processing option?

Generally, No.
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13-Is education/ Marital Status/ Number of children important to get EB-5 visa?

Generally, No.
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14-What’s my first step?

Pick your attorney.
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15-When and where do I need to invest?

Best time is to complete your investment before filing.
Investment should be on a project or your own business.
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16-Do I have to live near my investment (State, City, etc.)?

If you operate your own business, you might end-up live nearby.
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17-How long do I have to stay in U.S. to get my passport?

Minimum 30 months out of 60 consecutive months. (Last date of your exit and entry should not be more than 12 consecutive months.)
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18-Can I purchase houses, cars etc.?

Yes
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19-Can I have my own corporation?

Yes
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20-What’s my tax obligation?

It’s based on your income. Please consult a Tax Attorney or a CPA (Certified Public Accountant)
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21-Are there any health care benefits?

An EB-5 green card is the same as any conditional two-year green card. You will be required to remove conditions on residence within 90 days of the two-year anniversary of when you are granted your conditional green card. It allows you to live and work anywhere in the United States. You may purchase medical insurance and obtain medical treatment like any other permanent resident.
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Our latest EB-5 approvals

Sample of recent EB-5 approvals after Travel Ban (PP9645)


EB-5 Visa News

  • A Landmark “Win” for EB-5 Investors, Allows Use of Unsecured Loans, Oct 27, 2020!
    After a 5-year dispute between USCIS and EB-5 Investors, a three-judge panel in D.C. Circuit court issued a decision on 10/27/2020, which allows use of unsecured loans to fund EB-5 investments.  In the last five-years, USCIS had disputed validity of source of funds where all or part the investment included an unsecured loan, resulting in denial […]