The EB-5 “Direct” Visa was created by the Immigration Act of 1990. This program provides a method of obtaining a Green Card for foreign nationals who invest money in the United States.


Initially, under the original EB-5 “Direct” Visa, the foreign investor was required to create an entirely new commercial enterprise; however, under the EB-5 Regional Center Program, investments can be made directly in a job-generating commercial enterprise (new, or existing – “Troubled Business”) through 3rd party-managed investment vehicle (private or public), which assumes the responsibility of creating the requisite jobs. Regional Centers may charge an administration fee for managing the investor’s investment.


To obtain the EB-5 “Direct” Visa, individuals must invest $1,000,000 (or at least $500,000 in a “Targeted Employment Area” – high unemployment or rural area), creating or preserving at least 10 jobs for U.S. workers, excluding the investor and their immediate family. If the investor’s petition is approved and the U.S. consulate issues the visa, the investor and his/her spouse and unmarried children under the age of 21 will be granted conditional permanent residence that is valid for two years. Within the 90 day period before the conditional permanent residence expires, the investor must submit evidence documenting that the full required investment has been made and 10 jobs have been created or will be created within a reasonable time period.