EB-5 Regional Center Program

USCIS administers the EB-5 Immigrant Investor Program, which was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a program first enacted as a pilot in 1992 and regularly reauthorized since then, investors may also qualify for EB-5 classification by investing through regional centers designated by USCIS based on proposals for promoting economic growth. On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act, 2022 (Public Law 117-103), which created new requirements for the EB-5 immigrant visa category and the Regional Center Program. Immigrant visas are authorized under the Regional Center Program through Sept. 30, 2027.

This page provides a brief overview of the basic requirements for an EB-5 immigrant visa under the EB-5 Reform and Integrity Act. USCIS policy on EB-5 adjudications is in Volume 6, Part G of the USCIS Policy Manual for petitions filed before and after the enactment of the EB-5 Reform and Integrity Act. USCIS will continue to update its Policy Manual with the provisions of the EB-5 Reform and Integrity Act.

USCIS policy on EB-5 adjudications is in Volume 6, Part G of the USCIS Policy Manual.

All EB-5 investors must invest in a new commercial enterprise that was established:

  • After Nov. 29, 1990; or
  • On or before Nov. 29, 1990, that was:
    • Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or
    • Expanded through the investment, resulting in at least a 40% increase in the net worth or number of employees.

A new commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including:

  • A sole proprietorship;
  • Partnership (whether limited or general);
  • Holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business);
  • Joint venture;
  • Corporation;
  • Business trust;
  • Limited liability company; or
  • Other entity, which may be publicly or privately owned.

This definition does not include noncommercial activity, such as owning and operating a personal residence.