USCIS administers the EB-5 Program. Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they: Make the necessary investment in a commercial enterprise in the United States; and Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive. Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth. Removing Conditions After Filing I - 526 - File Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, within the 90-day period immediately before the second anniversary of the EB-5 investor’s admission to the United States as a conditional permanent resident. If USCIS approves this petition, the conditions will be removed from the lawful permanent resident status of the EB-5 investor and any included dependents.

USCIS administers the EB-5 program, created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a program initially 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. An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. Regional centers are designated by USCIS for participation in the Immigrant Investor Program. File Form I-526, Immigrant Petition by Alien Entrepreneur. Following approval of the Form I-526 petition, either: File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to a conditional permanent resident within the United States, or File DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa abroad to seek admission to the United States. 

All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise: Established after Nov. 29, 1990, or Established on or before Nov. 29, 1990, that is: Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or Expanded through the investment so that at least a 40-percent increase in the net worth or number of employees occurs. Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to: A sole proprietorship Partnership (whether limited or general) Holding company, Joint venture, Corporation, Business trust, or Other entity, which may be publicly or privately owned. This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business. Note: This definition does not include noncommercial activity such as owning and operating a personal residence.