Getting a Green Card through the U.S. EB-5
Given the United States' global leadership in technology, education, healthcare, and innovation, attracting top talent and entrepreneurs from around the world, the EB-5 Immigrant Investor Program offers foreign investors and their families a pathway to permanent residency with benefits including employment flexibility, access to healthcare and social security, and freedom of movement in the U.S.
Advantages of choosing the U.S. EB-5
Family inclusion: Spouse, and unmarried children under 21.
No eligibility barriers: No education, language, or business background requirements.
Education benefits: Free public K–12 education and in-state tuition for universities after obtaining a green card.
Healthcare access: Eligible for U.S. health insurance (Marketplace or private plans).
Fast-track for Taiwanese applicants: No waiting list; proceed from conditional green card to permanent residency and citizenship.
I. Legislative History
1990s: Launch of the EB-5 Program
The Immigration Act of 1990 established the EB-5 Immigrant Investor Program to attract foreign investment, create jobs, and stimulate economic growth in the United States, particularly in underdeveloped areas.
1992: Launch of the Regional Center Program
To promote local economic development, the U.S. government introduced the Regional Center Program to channel investment into Targeted Employment Areas (TEAs). With a lower investment threshold, the program significantly enhanced the appeal and accessibility of EB-5.
1995–2022: Program Extension and Expansion
As the Regional Center Program requires periodic congressional reauthorization, it has been extended multiple times. The latest extension, under the Reform and Integrity Act (March 2022), is valid through September 2027.
Mar. 2022: EB-5 Reform and Integrity Act enacted.
The Act introduced major reforms to strengthen oversight, reallocate visa quotas, and enhance investor protections. It also raised minimum investment thresholds to $800,000 for TEAs and $1.05 million for non-TEAs.
II. Qualification and Required Documents
According to the United States Citizenship and Immigration Services (USCIS), EB-5 applicants must meet the following requirements and provide civil documents:
Minimum age: Applicant must be at least 18 years old.
Police clearance: Required for applicant and children aged 16+ (from countries of residence exceeding 6 months).
Proof of relationship: Marriage certificate, birth certificate, dependency documents, etc.
Source of funds & financial proof: Explanation of investment source, tax returns, bank statements, fixed deposit certificates, asset statements, and related documents.
III. Application Process
Step 1 : Choose an investment method
Direct Investment (General EB-5 Projects)
Establish, acquire, or expand a business (≥40% growth in assets or workforce)
Active participation in management required
Must create at least 10 jobs for qualified U.S. workers
Regional Center Investment (EB-5 Regional Centers)
Invest through a USCIS-approved regional center project.
No direct management or hiring responsibilities.
Must demonstrate creation of 10 full-time jobs (direct or indirect), maintained for at least 2 years.
Step 2 : Complete the investment
Once the investment target is selected, the applicant must transfer the required funds—typically to a business account or designated escrow account.
The investment thresholds vary depending on whether the project is located in a TEA or Non-TEA:
TEAs and infrastructure projects: at least US$800,000
Non-TEAs: At least $1.05 million
TEAs designation is determined by USCIS based on local unemployment and population, focusing on high-unemployment areas (150% above the national average) and rural regions.
Step 3 : Submit the application
After completing the investment, file Form I-526 or I-526E with USCIS.
Processing times previously took several years, however, since the 2022 EB-5 Reform and Integrity Act, USCIS has prioritizes cases under reserved visa categories (such as TEAs and infrastructure).
Step 4 : Submit DS-260 and supporting documents
Once approved, your case is transferred to the National Visa Center (NVC). The applicant will receive a case number and instructions to submit documents via the CEAC system.
The DS-260 confirmation page should be printed and presented at the immigration interview.
Step 5 : Attend the immigration interview
After the NVC completes its review, the applicant will be scheduled for a medical examination and an interview at a U.S. overseas mission (AIT for Taiwanese).
During the interview, the officer may ask about family background, source of funds, and investment purpose.
If approved, passport will be retained for visa issuance.
Step 6 : Obtain a 2-year Conditional Green Card
After entering the U.S. with the immigrant visa, the applicant and their family members will receive a Conditional Green Card, granting 2 years of temporary residency.
After 2 years, the applicant must apply for removal of conditions to obtain a permanent Green Card.
IV. Remove the conditions
During the 2-year conditional period, applicants must meet the required conditions and apply to remove them within 90 days before the green card expires, the requirements are as follows:
Maintain a clean criminal record
Continue business operations and investment activities
Create at least 10 full-time jobs for within 2 years.
If unmet, officers will assess based on the business plan and may require justification with a reasonable timeline.
Stay in the U.S. for at least 183 days per year.
Absences of more than one year require a "Re-entry Permit" in advance; otherwise, PR status may be deemed abandoned.
*The information in this article is for reference only. Please refer to the latest official announcement at the time of application for the most accurate information.
內政部移民署註冊登記證號：L0011-S0 品廣字第1140507號
