The EB-5 Immigrant Investor Program is a direct path to a Green Card for global investors, founders, and families. FGI integrates this residency transition into your existing financial ecosystem, ensuring your U.S. future is as structured as your current portfolio.
Overview
The EB-5 Immigrant Investor Program is the only U.S. visa category that creates a direct path to lawful permanent residence based on a qualifying capital investment. A qualifying investment and demonstrated job creation are the foundation. A green card for you and your immediate family is the result.
EB-5 is structurally distinct from every other U.S. residency pathway. It does not require an employer, a labor certification, extraordinary ability, or a lottery. Investors control their own timeline.
Investment Structure
EB-5 offers two structurally different investment models. The right one depends on your goals, involvement preference, and timeline.
Passive Investment
Invest through a USCIS-designated Regional Center. Capital is pooled with other investors and deployed into an approved commercial project, typically real estate or infrastructure. No day-to-day management role required.
Active Ownership
Invest capital directly into a new commercial enterprise that you own or control. You take an active management or policy role in the business. Suited for founders, operators, and family offices with U.S. business interests.
Investment Area
TEA (Rural, High-Unemployment, Infrastructure)
The amounts are $800,000 for high unemployment area or rural area (TEA), and $1,050,000 for other areas (Non-TEA)
Standard (Non-TEA)
The amounts are $800,000 for high unemployment area or rural area (TEA), and $1,050,000 for other areas (Non-TEA)
Minimum Investment Required
$800,000
$1,050,000
Our Services
FGI represents investors, developers, and Regional Centers across the full scope of EB-5 practice.
End-to-end legal counsel for foreign nationals pursuing U.S. permanent residence through the EB-5 program, from source of funds documentation through I-829 removal of conditions.
Legal services for the project side of EB-5. Regional Center designation, RIA compliance, Form I-956F exemplar filings, and securities coordination.
Representation for investors and projects facing delays, RFEs, NOIDs, or denials, including mandamus actions and good faith investor protection under the RIA.
Process
EB-5 runs in four phases. Timeline varies by country of birth and investment structure.
Select your investment structure, confirm TEA eligibility, and compile source of funds documentation with FGI counsel.
File Form I-526E (Regional Center) or I-526 (direct). USCIS reviews the petition, typically 12 to 24 months.
If you are in the U.S. (such as H, L or F1 status) and a visa number is available, you can file concurrently: file I-526/I526E + I-485 and obtain an EAD and travel permit.
The “Set Aside” investment categories created under the new EB-5 law of 2022 have had no visa backlogs.
Upon approval, proceed to consular processing or adjust status in the U.S. Conditional green card issued for 2 years.
File I-829 within 90 days of conditional card expiration. Demonstrate job creation and investment sustainment. Unconditional green card issued.
Critical Deadline
Grandfathering Deadline
The EB-5 program is authorized through 2027. Within that window sits a second, more consequential date. Investors who file before September 30, 2026 are legally grandfathered under the current legislative framework, regardless of what happens to the program after 2027.
Investors who file after this date may still proceed while the program remains active, but they do so without structural protection, subject to whatever rules are in place at the time.
EB-5 preparation typically takes several months, particularly for investors with complex financial backgrounds or international holdings. Investors targeting the September 2026 deadline should be working backwards from it now.
2026 Policy Update
The Project-First Adjudication Model
On March 30, 2026, USCIS changed how EB-5 investor petitions are processed. Cases are now prioritized based on project approval status (Form I-956F) rather than petition filing date alone.
Investors in projects with existing I-956F approval move through the queue significantly faster. Selecting an I-956F-approved project is now one of the most important decisions in the EB-5 process.
We verify that the project holds current USCIS exemplar approval before recommending it to any investor client.
We assess the project's current visa queue position, set-aside category, and remaining investor slots to project realistic processing timelines.
Independent legal review of the PPM, business plan, economic report, and fund administrator structure for immigration compliance and investor risk.
Where timeline is a priority, we match investors to Rural and Infrastructure set-aside projects to access the fastest available processing queue.
Processing Priority
Under the current adjudication model, not all EB-5 applications move at the same speed. Project type and TEA designation determine which queue an investor enters.
20% of annual EB-5 visas reserved. Fastest processing queue available under current rules.
6 to 10 months estimated
Priority queue with dedicated visa set-aside. Investors in backlogged countries benefit most. FGI actively vets I-956F-approved rural projects.
High-unemployment areas (10% reserved) and infrastructure projects (2% reserved).
12 to 18 months estimated
Reserved set-aside pool provides meaningful queue advantage over unreserved projects. TEA designation must be confirmed at time of filing.
Non-TEA projects processed on a first-in, first-out basis from the general unreserved visa pool.
Longest wait, backlog applies
Subject to full visa backlog for oversubscribed countries. FIFO processing means filing date matters significantly. Not recommended for backlogged investors.
The Evidentiary Record
USCIS requires a complete audit trail of the origin, accumulation, and transfer of your investment capital, often spanning several years and multiple jurisdictions.
In 2026, USCIS has significantly increased scrutiny on gifted funds, currency exchanges, and capital held internationally. Petitions that do not anticipate this scrutiny upfront face delays and RFEs that are largely avoidable.
Each requires a distinct documentation approach.
Corporate records, valuation documentation, wire transfer history
Property records, sale agreements, closing statements, tax filings
Heightened scrutiny in 2026. Donor's lawful source must also be documented fully.
Requires traceable documentation of exchange transactions and underlying source in origin currency.
Multi-year tax returns, payroll records, bank statements showing accumulation over time
FAQ
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Yes. If you are currently in the U.S. on a valid non-immigrant visa (such as H-1B, L-1, or E-2), FGI can utilize Concurrent Filing. This allows you to apply for an Employment Authorization Document (EAD) and Travel Document (Advance Parole) immediately, providing the benefits of residency while your EB-5 petition is processed.
Why FGI
FGI has been practicing immigration law for nearly 30 years. Our EB-5 practice spans investors,
developers, and Regional Centers, pre- and post-RIA.
Institutional depth built over three decades of immigration law. We know where petitions succeed and where they stall.
We represent both sides of the EB-5 transaction, investors and projects, giving us visibility most firms do not have.
Source of funds documentation is where most petitions face scrutiny. Our internal forensic review process builds records that withstand adjudication.
We have guided investors and Regional Centers through the transition to the RIA framework and remain current on 2026 adjudication policy shifts.
Get Started
An initial consultation covers your investment structure options, source of funds considerations, timeline expectations, and how the September 30, 2026 deadline applies to your situation.
Our team is eager to help your organization navigate the complexities of immigration law & relieve any visa processing frustrations that you are experiencing.
