EB-5 Immigrant Investor Visa Lawyer in Houston, Texas
The EB-5 Immigrant Investor Program offers a direct path to U.S. permanent residence for foreign nationals who make a qualifying investment in the American economy. It is the only employment-based green card category where the applicant's capital, not their occupation, employer, or academic credentials, is the basis for the petition. At Prosperity Immigration Law, our attorneys, led by Luis F. Hess, guides investors through every stage of the process, from initial eligibility assessment through conditional residence and the final removal of conditions.
What Is the EB-5 Program?
Created by Congress in 1990 and significantly reformed by the EB-5 Reform and Integrity Act of 2022 (RIA), the EB-5 program stimulates the U.S. economy through foreign capital investment and job creation. Unlike most other green card pathways, the EB-5 does not require a specific degree, work experience, or employer sponsor. The qualifying factor is the investment itself, and the jobs it creates.
An approved EB-5 petition results in a two-year conditional green card for the investor and qualifying family members.
After two years, the investor files to remove conditions by demonstrating the investment was sustained and jobs were created. The investor then receives a permanent green card and may apply for U.S. citizenship after five years of permanent residence.
EB-5 Investment Requirements
To qualify for the EB-5 program, every investor must meet two core requirements, a minimum capital investment and a job creation threshold. Both must be satisfied before USCIS will approve the petition.
Minimum Investment Amount
EB-5 investors must meet the minimum capital threshold:
Job Creation Requirement
The investment must create or preserve at least 10 full-time positions (minimum 35 hours per week) for qualifying U.S. workers, not the investor, their family members, or anyone in nonimmigrant status. How jobs are counted differs by pathway:
At-Risk and Source of Funds
The investment capital must be genuinely at risk, subject to potential loss if the business fails. Guaranteed return structures or loans secured by the U.S. business itself do not satisfy this requirement. Source of funds must also be entirely lawful, capital derived directly or indirectly from criminal activity disqualifies the investment.
USCIS scrutinizes source of funds carefully, and a weak documentation package is one of the most common causes of I-526/I-526E denial.
Two Investment Pathways for EB-5 Visa
Investors may participate in the EB-5 program through one of two distinct pathways, each with its own structure, level of involvement, and risk profile. Understanding the differences is essential before any capital is committed.
Direct (Standalone) Investment
The investor directly establishes, purchases, or invests in a U.S. business and must be meaningfully engaged in the management or policy-making of the enterprise.
Only direct jobs count toward the 10-job requirement, which is a higher bar. Best for investors who want to actively operate a U.S. business.
Regional Center Investment
The investor pools capital with others through a USCIS-designated Regional Center that manages a larger project. No active management required, limited partner status is accepted. Both direct and indirect jobs count, making the threshold easier to satisfy. The vast majority of EB-5 investors choose this pathway. The Regional Center Program is currently authorized through September 30, 2027 under the RIA.
Houston has an active EB-5 Regional Center infrastructure. Harris County has been recognized as a Targeted Employment Area (TEA) for many qualifying projects, making the $800,000 threshold available for Houston-area developments.
EB-5 Reserved Visa Categories
The RIA established three reserved visa set-asides within the annual EB-5 allocation (~9,940 total visas). These reserved categories maintain current priority dates even while the general EB-5 pool may be backlogged, a critical strategic advantage for Chinese and Indian nationals:
EB-5 investors must meet the minimum capital threshold:
At Prosperity Immigration Law, we evaluate visa category strategy as part of every initial investor assessment.
The EB-5 Application Process: Step by Step
- Select an Investment: Choose between direct investment or a Regional Center project. For Regional Center investments, conduct thorough due diligence on the project, operator track record, job creation methodology, and offering documents, with independent legal and financial counsel.
- Wire the Investment Capital: Capital must be invested or irrevocably committed before or concurrent with filing the I-526E. Full source-of-funds documentation must be prepared.
- File Form I-526E or I-526: The immigrant petition by investor, filed with USCIS. Establishes eligibility, documents lawful source of funds, and demonstrates the investment meets program requirements. Premium processing is not currently available.
- Adjust Status or Consular Process: Under the RIA, investors lawfully present in the U.S. can file I-485 concurrently with I-526E if their priority date is current, compressing the timeline to a conditional green card significantly.
- Receive Conditional Green Card: Investor and qualifying family members receive a two-year conditional green card with full authorization to live and work anywhere in the United States.
- File Form I-829: Filed during the 90-day window between the 21st and 24th month after receiving the conditional green card. Demonstrates the investment was sustained and required jobs were created. Filing outside this window can jeopardize immigration status.
- Permanent Green Card Issued: After five years of permanent residence, the investor may apply for U.S. citizenship through naturalization.
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Frequently Asked Questions About EB-5 Immigrant Investor Visa
Currently $800,000 for investments in a Rural or High-Unemployment TEA or infrastructure project, and $1,050,000 for all other investments. These amounts will be adjusted for inflation starting January 1, 2027, every five years based on the CPI-U.
Under the RIA, investors lawfully present in the United States can file Form I-485 concurrently with their I-526E petition if their priority date is current at the time of filing. This can significantly accelerate the timeline to receiving a conditional green card and work authorization.
Contact Our Houston EB-5 Investor Immigration Lawyer Today
The EB-5 program involves significant capital, complex documentation, and a multi-stage immigration process that can span several years. Every investor deserves an attorney who understands the full scope of what is required, from structuring the investment and documenting the source of funds to navigating conditional residence and the final removal of conditions.
If you are ready to explore whether the EB-5 program is the right path for you, schedule a consultation with us today for an honest assessment of your eligibility and a clear strategy from day one.
Our Offices
Houston
7322 Southwest Fwy, Tower One, 4th Floor, Suite 470
Houston, TX 77074
(281) 545-3607
Harris County
21815 Oak Park Trails Dr,
Katy, TX 77450
(281) 801-5726
The Woodlands
282 Ed English Dr,
Shenandoah, TX 77385
(281) 949-7126