Ahluwalia Law Offices PC has fielded a surge of questions about the EB-5 visa program following headlines that President Donald Trump proposed replacing it with a “gold card” for foreign investors willing to pay $5 million for U.S. citizenship. While this announcement has sparked confusion and concern among investors, the EB-5 program remains fully operational under current U.S. immigration law—and it’s still one of the most accessible pathways to a green card for qualified applicants.
This article cuts through the noise to clarify: What the EB-5 program actually requires today.
What is the EB-5 Visa Program?
The EB-5 Immigrant Investor Program, established by Congress in 1990, offers foreign nationals a unique opportunity to obtain a U.S. green card by investing in the American economy. In exchange for creating jobs and injecting capital into businesses, investors and their immediate family members (spouse and unmarried children under 21) can secure permanent residency. The program has evolved over time, most notably with the introduction of the Regional Center Program in 1992, which allows indirect job creation through approved economic projects.
In March 2022, the EB-5 Reform and Integrity Act modernized the program, raising investment thresholds, adding safeguards against fraud, and introducing new visa “set-asides” for priority investments. Let’s break down how it works today.
The minimum investment amounts by filing date and investment location are:
Job Creation: The 10-Rule
To qualify, your investment must create or preserve 10 full-time jobs for U.S. workers. Here’s how it works:
- Direct Jobs: Employees hired by your business (required for non-regional center investments).
- Indirect Jobs: Positions created through economic ripple effects (only allowed for regional center projects).
- Troubled Businesses: You can “preserve” jobs by rescuing a failing company (must maintain pre-investment employment levels for 2+ years).
Who counts as a “qualified worker”?
U.S. citizens, green card holders, or legal residents (asylees, refugees, etc.). Family members and temporary visa holders (like H-1B) don’t count.
Regional Centers vs. Direct Investment: What’s the Difference?
- Direct Investment: You run the business and directly hire 10 employees.
- Regional Center Investment: Pool funds with other investors into USCIS-approved projects (e.g., real estate, infrastructure). Benefits:
- Count indirect jobs (e.g., construction, suppliers).
- Passive investment—no day-to-day management required.
Note: The Regional Center Program is authorized through September 2027.
Visa Set-Asides: Faster Access to Green Cards
To incentivize investments in underserved areas, 32% of EB-5 visas are now reserved annually:
- 20% for rural projects
- 10% for high-unemployment areas
- 2% for infrastructure projects
Unused visas roll over to the same category the next year. After two years, they’re released to the general EB-5 pool.
About Ahluwalia Law Offices PC
Navigating U.S. immigration programs like EB-5 requires expertise, especially during times of uncertainty. Our team stays ahead of policy changes to guide you through every step—from selecting USCIS-compliant projects to securing your family’s future in America. Contact us today to discuss your EB-5 eligibility.
