An EB-5 lawyer guides investors through the EB-5 Immigrant Investor Program — the green card category built on a qualifying investment in a U.S. business that creates at least ten full-time American jobs. The legal work is less about filling in forms and more about proof: documenting where every dollar of the investment came from, vetting the project or regional center receiving it, and structuring the case so the job-creation math survives two rounds of USCIS scrutiny years apart. Anyone considering a six-figure-plus investment for immigration purposes needs counsel before wiring funds, not after. Atlas Immigration Law represents EB-5 investors from its Dallas office and in all 50 states, with flat fees and a free 20-minute consultation.
Key takeaways
EB-5 grants conditional permanent residence to investors who put a qualifying amount into a new commercial enterprise that creates ten full-time U.S. jobs — with a lower investment threshold in targeted employment areas. The case is won or lost on the source-of-funds record and the job-creation evidence, and it runs in two acts: the I-526E petition up front, and the I-829 petition to remove conditions two years after the green card is issued.
How the EB-5 program works
EB-5 is the fifth employment-based green card preference, and it is the only one that requires neither an employer sponsor nor extraordinary credentials — the qualification is capital, deployed the way Congress prescribed. The investor must place the required amount at risk in a new commercial enterprise, and that investment must create at least ten full-time jobs for U.S. workers. Under the EB-5 Reform and Integrity Act of 2022, the standard investment threshold is $1,050,000, reduced to $800,000 for investments in a targeted employment area (a rural area or one with high unemployment) or in certain infrastructure projects; the statute adjusts these amounts periodically, so confirm current figures on the USCIS EB-5 page before planning.
The green card arrives in two stages. Approval of the investor petition leads first to conditional permanent residence valid for two years — a real green card, but with a built-in expiration. Near the end of that window, the investor must prove the investment was sustained and the jobs were actually created; only then are the conditions removed and the residence made permanent. The spouse and unmarried children under 21 immigrate with the investor.
Direct investment vs. regional centers
- Direct EB-5 — the investor puts capital into a business they typically own or actively manage, and the ten jobs must be direct W-2 positions on that business’s payroll. This suits entrepreneurs who want a company, not just a green card, and it pairs naturally with our investment-based immigration practice.
- Regional center EB-5 — the investment flows into a USCIS-designated regional center project, usually as one of many limited partners. Job creation can be counted using economic modeling that includes indirect and induced jobs, which makes the ten-job requirement far easier to satisfy — but the investor is trusting someone else’s project, so securities-level diligence on the offering matters enormously.
- The E-2 alternative — investors from treaty countries who want to run a U.S. business sooner, with a smaller and more flexible investment, sometimes fit the E-2 treaty investor visa better, either instead of EB-5 or as a bridge while an EB-5 case is pending.
Source of funds: where EB-5 cases are really decided
USCIS requires the investor to trace the lawful source and path of every dollar invested — not just show a bank balance. Salary history, business sales, real estate transactions, gifts, loans, and inheritances can all work, but each must be documented back to its origin: tax returns, sale contracts, corporate records, gift declarations with the donor’s own source documentation, and the wire-transfer trail from origin account to escrow. Funds that crossed currency-control regimes or moved through informal exchange channels need particularly careful legal treatment. A source-of-funds narrative with gaps is the single most common reason investor petitions draw requests for evidence or denials, and it is the part of the case that most rewards professional preparation before any money moves.
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The EB-5 process, step by step
| Stage | What happens |
|---|---|
| 1. Strategy and diligence | Choose direct vs. regional center, vet the project, and map the source-of-funds documentation before committing capital. |
| 2. Investment and escrow | Funds are documented, traced, and placed at risk in the new commercial enterprise. |
| 3. Form I-526E petition | The investor petition with the full source-of-funds and job-creation record goes to USCIS. |
| 4. Conditional residence | After approval, the investor adjusts status in the U.S. or completes consular processing abroad; the family receives two-year conditional green cards. |
| 5. Sustainment period | The investment stays deployed and the enterprise creates the required jobs; records are kept continuously. |
| 6. Form I-829 petition | Filed in the 90 days before the conditional card expires, proving the investment was sustained and ten jobs were created — conditions removed, residence permanent. |
Investors already in the U.S. in another lawful status may in many cases file the adjustment-of-status application together with the I-526E, which can bring work and travel permission while the petition is pending. Whether that concurrent filing is available depends on visa availability for the investor’s country under the monthly Visa Bulletin — a moving target worth checking with counsel, since priority dates and the Visa Bulletin control when each stage can happen.
Where EB-5 cases go wrong
- Source-of-funds gaps — undocumented gifts, missing tax returns, or an untraceable transfer in the middle of the path of funds.
- Project failure or fraud — a regional center project that never breaks ground can sink the immigration case along with the investment; independent diligence before subscribing is not optional.
- Job-creation shortfalls — direct cases that hired eight people instead of ten, or economic models built on construction timelines that slipped.
- Material change — restructuring the investment or the enterprise mid-case in ways USCIS treats as a different deal than the one it approved.
- Missed I-829 windows — the removal-of-conditions petition has a strict filing window, and missing it puts the family’s residence at risk.
Costs and timeline
Beyond the investment capital itself, an EB-5 case involves government filing fees for the I-526E, the adjustment or immigrant-visa stage, and the I-829 — current amounts are published on the USCIS filing fees page — plus, in regional center cases, administrative fees charged by the project. Attorney fees are separate from all of these. Atlas charges flat fees quoted in writing before the engagement begins, so investors know the full legal cost up front rather than watching hourly bills accumulate across a multi-year case.
Timelines vary widely with USCIS workloads, the investor’s country of birth, and whether reserved visa categories apply — from filing through removal of conditions, an EB-5 case is a multi-year project by design, since the two-year conditional period is built into the statute. Check current processing times rather than relying on any fixed estimate, and build the sustainment period into your business and family planning from day one.
How Atlas Immigration Law helps EB-5 investors
Atlas builds EB-5 cases the way they are adjudicated: source-of-funds first, with the tracing exhibits assembled and stress-tested before any capital moves, and the job-creation record designed at the start so the I-829 two years later is a documentation exercise rather than a scramble. Jordan Weinberg, immigration attorney and founder, works with each investor directly — no case-manager buffer — and responds the same business day.
Clients track every filing, document request, and deadline in the Atlas Vision client portal, in English or Spanish. The firm works on flat, transparent fees from its Dallas office at 1920 McKinney Ave and represents investors in all 50 states and abroad — immigration law is federal, so where you live never limits who can represent you. A free 20-minute consultation is the right first step before committing capital to any project.
Frequently asked questions
How much do I need to invest for an EB-5 green card?
The standard threshold is $1,050,000, reduced to $800,000 for investments in a targeted employment area (rural or high-unemployment) or qualifying infrastructure projects, under the EB-5 Reform and Integrity Act of 2022. The amounts adjust periodically, so confirm current figures on the USCIS EB-5 page before planning.
Does the EB-5 investment have to create jobs directly?
Direct EB-5 cases must create ten full-time W-2 positions in the enterprise itself. Regional center cases may count indirect and induced jobs using accepted economic models, which is why most passive investors choose the regional center route.
Can my family get green cards through my EB-5 investment?
Yes. Your spouse and unmarried children under 21 are included in the petition and receive conditional green cards along with you, then remove conditions with you at the I-829 stage.
What is a targeted employment area?
A rural area or an area of high unemployment designated under the statute. Investments in a targeted employment area qualify at the lower investment threshold, which is why project sponsors work hard to establish TEA status — and why investors should verify the designation independently.
What happens if the EB-5 project fails?
The immigration consequences depend on when it fails and whether the required jobs were created before the I-829 stage. Because capital must remain at risk and jobs must actually materialize, project diligence before investing is as important as the immigration paperwork itself. No outcome can be guaranteed, which is exactly why the front-end vetting matters.
Can I live anywhere in the U.S. with an EB-5 green card?
Yes. The green card is not tied to the state where the project sits. Many investors live in Texas while their regional center investment operates elsewhere; the residence requirement is to the United States, not to the project.
Is E-2 or EB-5 better for an investor?
They solve different problems. E-2 is a renewable nonimmigrant visa for treaty-country nationals actively running a U.S. business — faster and cheaper, but never a green card by itself. EB-5 is slower and requires more capital but leads directly to permanent residence. Some investors use E-2 as a bridge while an EB-5 case is pending; a consultation can map which fits your nationality, capital, and goals.
This guide is part of our employment-based green card services — the service page covers eligibility, fees, and how we handle these cases.
Founder & Managing Attorney, Atlas Immigration Law
Member of the American Immigration Lawyers Association (AILA) and the Dallas Bar Association. Licensed to practice in Texas; fluent in English and Spanish.
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This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration law and procedures change, and how they apply depends on your specific facts — consult a licensed immigration attorney about your situation.