The EB-5 Immigrant Investor Program offers a pathway for foreign investors and their families to gain U.S. citizenship by investing in the U.S. economy. Created in 1990, the program encourages foreign investment that generates jobs. By following three steps—securing a Conditional Green Card, obtaining permanent residency, and applying for naturalization—eligible investors can achieve U.S. citizenship.

Step 1: Secure a Conditional Green Card

The first step toward U.S. citizenship through the EB-5 program is securing a Conditional Green Card, which grants temporary residency for two years. To qualify, investors must make a substantial financial investment and meet job creation requirements.

Investors have two options:

Direct EB-5 Investment: Investors can start or invest directly in a business.

Regional Center Investment: The more common option involves investing through a Regional Center, which pools EB-5 funds into large projects.

The investment amount will depend on the location of the project – the minimum investment is $800,000 if the business is in a Targeted Employment Area (TEA)—a rural or high-unemployment region and $1,050,000 for the rest.

Regardless of the investment type, the funds must create or preserve at least 10 full-time jobs for U.S. workers within two years. Direct investments require job creation within the investor’s business, while Regional Centers allow for indirect job creation.

To participate in the program investors should have a legal source of funds and no criminal record.

To begin, investors work with an immigration attorney to prepare their source of funds information, choose the project, make the investment, and then file Form I-526, Immigrant Petition by Alien Investor, with the U.S. Citizenship and Immigration Services (USCIS).

The approval process may take 6 – 24 months, and if the petition is approved, the investor can apply for a Conditional Green Card either by getting an EB-5 visa in a U.S. consulate or by adjusting status if they are already living in the U.S. This Conditional Green Card allows the investor and their family (spouse and unmarried children aged under 21) to live in the U.S. for two years.

Step 2: Obtain a Permanent Green Card

Once the Conditional Green Card is granted, the investor enters a two-year period during which they must meet the program’s requirements, including maintaining their investment and creating the required number of jobs.

90 days before the two-year conditional period ends, the investor must file Form I-829, a Petition by the Investor to Remove Conditions on Permanent Resident Status. This petition proves that the investment has complied with all the EB-5 requirements, such as job creation and sustained investment.

The processing time for this step is about 2 – 4 years and you can continue to live in the U.S. while waiting for the decision, and if USCIS approves the I-829 petition, the investor and their family receive permanent resident status, also known as a Green Card.

Given this new status, the investors and their families can live and work in the U.S. indefinitely and is a significant milestone on the path to U.S. citizenship.

Green Card holders enjoy nearly all the same benefits as U.S. citizens, and this includes the possibility to live and work wherever they wish in the country. However, Green Card holders cannot vote in U.S. elections or hold certain Government jobs.

Step 3: Apply for U.S. Citizenship

The final step toward U.S. citizenship is naturalization. To be eligible, the investor must hold residency status for at least five years, starting from the moment they receive their Conditional Green Card and continuing after they obtain a Permanent Green Card, while meeting specific residency requirements.

Specifically, they must live in the U.S. for at least 30 months (or two and a half years) out of the five years before applying.
Once eligible, the investor can file Form N-400, Application for Naturalization, with USCIS. The naturalization process requires applicants to:

Pass an English Test: Applicants must show basic proficiency in reading, writing, and speaking English.

Pass a Civic Test: A brief exam that covers U.S. history and government, including topics like the Constitution and key government roles.

Demonstrate Good Moral Character: Applicants must show they have upheld U.S. laws and maintained a good moral character during their residency.

Once the application is approved, the investor and their family will be invited to attend a citizenship ceremony. At this ceremony, they will take the Oath of Allegiance, officially becoming U.S. citizens.

Conclusion

The EB-5 program offers a clear, though financially demanding, path to U.S. citizenship. By following three key steps—securing a Conditional Green Card, transitioning to permanent residency, and applying for naturalization—foreign investors and their families can establish a life in the United States. While the process is complex, it presents a valuable opportunity for those who want to build a future in the US.