Washington D.C. EB-5 Immigrant Investor Program: Path to U.S. Green Card Through Investment

The EB-5 program offers flexibility in investment approach:

• Direct Investment: Investors establish and manage a new business, directly hiring 10 or more U.S. employees. This route requires active participation in operations and is suited to those with business experience.
• Regional Center Investment: Investors contribute capital through USCIS-designated entities. This method allows indirect job creation and does not require active management, making it more accessible for international investors.
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As of 2025, the required investment amounts are:

• $1,050,000 for businesses located in standard urban areas
• $800,000 for Targeted Employment Areas (TEAs), which include rural or high-unemployment regions

TEA-based projects often offer easier qualification, but investors must still provide complete documentation to verify the lawful source and path of the investment funds.

To qualify, investors must satisfy several requirements:

• Demonstrate that funds were lawfully obtained
• Invest in a new commercial enterprise within the United States
• Ensure the investment results in the creation of at least 10 full-time jobs for U.S. workers

Additionally, the investment must remain "at risk" throughout the conditional residency period, meaning it must be subject to gain or loss like any real business endeavor.

Rather than a simple filing, EB-5 follows a sequenced procedure involving multiple agencies and legal verifications. The process typically unfolds as follows:

1. Transfer investment funds to the selected project
2. File Form I-526E (or I-526 if pursuing direct investment)
3. Upon approval, obtain a 2-year conditional green card
4. After fulfilling job creation requirements, file Form I-829 to remove conditions
5. Receive permanent resident status after I-829 approval

In Washington D.C., local rules under financial accountability laws may require additional disclosures, especially for regional center investments involving pooled capital or third-party management.

EB-5 is popular among global investors for reasons such as:

• No requirement for English fluency, education, or business background
• Spouse and children under 21 included in green card petition
• Freedom to live, work, or study anywhere in the U.S.
• Eligibility for in-state tuition at public universities
• U.S. citizenship eligibility after five years of permanent residency

Moreover, the program provides an immigration route that doesn’t rely on employer sponsorship or lottery systems, making it a strategic choice for families planning long-term U.S. settlement.

However, the benefits are paired with significant obligations and risks. There is no guarantee that the investment will be recovered. The failure to create sufficient jobs within the required timeframe could lead to denial of permanent residency. Also, EB-5 petitions can take years to process due to quotas and bureaucratic delays.

Investors must be cautious about fraudulent or non-compliant regional centers. Legal due diligence is critical—not just in evaluating the project’s business model, but also in confirming its compliance with both federal securities laws and D.C. investment disclosure rules.