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Practice Areas · EB-5

EB-5Green Card through investment

The EB-5 is an immigrant category for investors seeking permanent residence through a qualified investment in the U.S. economy.

Permanent residenceQualifying investmentFamily included
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Overview

What the EB-5 is

The EB-5 grants Green Cards to the investor, spouse and unmarried children under 21 through a qualifying investment in a U.S. enterprise and the creation of jobs for U.S. workers.

A program created by the U.S. Congress to stimulate foreign investment and job creation, updated by the EB-5 Reform and Integrity Act of 2022.

Eligibility

Core requirements

  • Qualifying investment in an eligible U.S. project.
  • Rigorous demonstration of the lawful source of funds.
  • Creation or preservation of at least ten full-time jobs.
  • Direct investment or investment through a USCIS-approved Regional Center.
Benefits

Key benefits

  • Green Cards for the investor, spouse and unmarried children under 21.
  • No employer sponsorship required.
  • Permanent residence with geographic and professional freedom.
  • Potential path to U.S. citizenship after statutory requirements are met.

Talk to our team about EB-5.

Assess with our attorneys whether EB-5 is the most suitable strategy for your professional and family trajectory.

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Process

How we build an EB-5 case

  1. 01

    Documentary audit of the source of funds and the investor's wealth.

  2. 02

    Selection and technical diligence of the investment project.

  3. 03

    Filing of the I-526E petition with USCIS.

  4. 04

    Consular processing or adjustment of status (I-485).

  5. 05

    Removal of conditions via I-829 within the statutory window.

“Immigration is a strategic decision. Every trajectory requires an individualized analysis and a legal structure built around the client's objectives.”

André Linhares, Esq.Founding Attorney · Linhares Law
Frequently Asked Questions

Clarifications on EB-5.

The minimum is set by statute and varies by project type (targeted employment area or standard). Linhares Law confirms the current threshold during the institutional assessment.

No. The EB-5 allows passive participation, particularly through Regional Centers, provided the job-creation requirements are met.

Yes, provided the source is documented as required by USCIS.

Timelines vary with the visa bulletin, USCIS workload and the investor's nationality. The institutional analysis considers the current processing window.

Yes. Spouse and unmarried children under 21 receive permanent residence together with the principal investor.

The investor receives a conditional Green Card valid for two years. Before it expires, an I-829 must be filed to remove conditions and obtain full permanent residence.

Direct investment requires active management and demonstrated direct job creation. The Regional Center allows passive participation and counts direct, indirect and induced jobs.

The Green Card requires the U.S. as the primary residence. Extended absences require specific planning to preserve status.

Yes, provided they are structured as a qualifying enterprise, with compatible job creation and governance that meets USCIS requirements.

Project approval risk, financial return risk and regulatory risk. Institutional diligence is a central part of the EB-5 strategy.
Related Areas

Other immigration strategies.

EB-2 NIW

Green Card through the National Interest Waiver

For highly qualified professionals whose work advances the interests of the United States. The EB-2 NIW allows the applicant to petition for a Green Card without an employer sponsor or a job offer, offering a strategic path for researchers, physicians, engineers, entrepreneurs, executives and other specialists with a distinguished record.

EB-1

Green Card for professionals of international standing

One of the most distinguished employment-based immigrant categories, reserved for individuals who have achieved meaningful recognition in their fields.

E-2

Investment and business operation in the United States

The E-2 visa is available to investors from treaty countries, allowing them to direct and develop a U.S. business through a substantial investment.

Schedule a strategic consultation.

Start an institutional conversation with our attorneys and assess whether EB-5 is the right strategy for your objectives.

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