The decision to obtain a green card in the United States through the EB-5 Immigrant Investor Program is a significant milestone for the future of you and your family. However, before making any capital investment, one question might keep crossing your mind: what types of investment options are available under the EB-5 program, and which one is right for me?
This single decision will determine your capital risk, day-to-day involvement, job creation responsibilities, and the speed at which you obtain your visa.
⚠ Disclaimer
Immigration laws and financial requirements change frequently. This article is for informational purposes only and does not constitute legal or financial advice. Before making any decisions, please consult a qualified professional or reach out to the High Net Worth Immigration team for a free, up-to-date consultation.
How Many Investment Options Are Available Under the EB-5 Program?
EB-5 program offers two main investment pathways.
Passive, lower immigration risk, no business to run.
Full ownership, active management, keep the profits.
Number #1 is Direct EB-5 Investment
A direct EB-5 investment places your capital directly into a New Commercial Enterprise (NCE) that you actively manage. You either launch a new business, acquire and expand an existing one, or restructure a qualifying enterprise, typically through an LLC or C-Corporation. This path is built for entrepreneurial investors who genuinely want to own and run a U.S. business.
Job Creation
You must personally create at least 10 new, full-time W-2 jobs for qualifying U.S. workers. USCIS defines "full-time" as a position requiring a minimum of 35 working hours per week, and these positions must be sustained for at least two years during your conditional residency period. Only direct jobs count.
Capital Structure
The investment is typically structured as equity. You retain full control over operations and financial decisions, and you keep the profits.
Risk Profile
This is the higher-risk path. You alone are responsible for keeping the business viable and meeting all USCIS job-creation requirements throughout the conditional residency period. There is also no cap on total spending: a struggling business may require additional capital just to stay compliant until your conditions are removed.
Number #2 is Regional Center EB-5 Investment
A Regional Center is a USCIS-designated organization that pools money from multiple investors and puts it into larger U.S. development projects. It is the most popular EB-5 route, often chosen by around 90% of investors. Only because of, it is passive and usually offers a smoother immigration path.
Job Creation
Regional Center projects can count direct, indirect, and induced jobs. That means jobs created not only on-site, but also through spending on materials, services, and worker income. Because large construction projects often generate many qualifying jobs through approved economic models, these investments usually make it easier to meet the EB-5 job requirement.
Capital Structure
These investments are usually structured as loans to the developer, often for a term of about 5 to 7 years. In many cases, EB-5 funds are placed as mezzanine or subordinated debt rather than senior debt, meaning they sit behind the senior lender but ahead of common equity. The exact structure, security, and repayment terms vary by project and should be reviewed carefully. The Regional Center works with the developer to repay the principal and any agreed return. For more details, see our guide on: EB-5 Loan Structures.
Risk Profile
This is a hands-off investment. The Regional Center’s economists, attorneys, and fund administrators handle project management, compliance, and job-creation reporting. Investors also pay an administrative fee, usually between $50,000 and $80,000, though some projects may charge more, in addition to the qualifying investment. Your main responsibility is to work with a qualified EB-5 immigration attorney to document your source of funds and complete due diligence.
Direct investments count Type 1 only. Regional Centers count all three.
People hired directly by the New Commercial Enterprise.
From project spending on goods and services.
From newly hired workers spending their paychecks locally.
Choose the Right Location: TEA vs. Non-TEA and the Set-Aside Visa Advantage
Once you decide between a Direct or Regional Center investment, the next most important choice is where your project will be located. The geographic location directly determines your minimum investment amount and how quickly you can receive your Green Card.
Based on location, investments are divided into two categories:
1. Targeted Employment Areas (TEA)
Simply put, a TEA is either a rural area or an area with high unemployment (where the jobless rate is at least 150% of the national average).
2. Non-TEA Investments
If your project is located in a developed urban area that does not meet TEA criteria, it is considered a Non-TEA investment.
These investments do not qualify for Set-Aside visas or priority processing. As a result, investors from high-demand countries (like India or China) often face much longer wait times on this path.
How Visa Set-Asides Work
The most significant benefit introduced by the 2022 EB-5 Reform and Integrity Act (RIA) is the Visa Set-Aside system. Each year, 32% of the roughly 10,000 available EB-5 visas are reserved exclusively for specific project types. This allows investors to avoid the crowded general queue and get their visas faster. This 32% is divided into three categories:
Why This Matters for Your Immigration Plan
The general "unreserved" visa pool currently has massive backlogs for countries like India and China. However, Set-Aside visas are counted completely separately from this crowded pool. By investing in a Rural or High-Unemployment TEA project, you can often skip years of waiting and complete your Green Card process much faster.
The Rollover Rule: If reserved visas go unused in a given year, they roll over within their specific category for two fiscal years before being released back into the general unreserved pool.
Current Status: As of mid-2026, all three Set-Aside categories remain "Current" for every country. However, because demand for Rural and High-Unemployment projects is rising rapidly, this advantage may not last forever. Acting sooner rather than later is a smart strategy.
Inflation Adjustments: Under the RIA, these minimum investment amounts are periodically adjusted for inflation. The exact amount that applies to you will depend on the date you file your petition.
Whatever your situation, book a completely free and confidential meeting today. High Net Worth Immigration brings 15+ years of experience helping clients secure second passports, residency, and cross-border asset protection.
Business Model Options Under EB-5 Program for Direct Investors
If you opt for the direct route, selecting the right business model is vital. Your enterprise needs to be legally compliant, financially sound, and able to maintain at least 10 full-time W-2 employees.
1. Franchises
Franchises are popular with direct EB-5 investors because they offer a proven model, established brand recognition, and ongoing support from the franchisor. The best-fit industries are healthcare (such as applied behavior analysis therapy centers), home care, education, and pet care, sectors that naturally require many W-2 employees per dollar of capital deployed, making the 10-job requirement easier to meet. Watch out for franchise fees and ongoing royalties, and avoid highly seasonal businesses or models built on independent contractors, since contractor roles do not count toward EB-5 job creation.
2. Independent Business Acquisitions
Buying an existing independent business can be lucrative but demands rigorous due diligence. Verify that the company's historical financials are transparent and fully reported, since a common pitfall is acquiring a business that underreports income or relies on undocumented labor. Your acquisition must also include a clear expansion plan to create 10 new jobs, because preserving existing jobs only qualifies if the company meets USCIS's strict definition of a "troubled business", a business that has been in existence for at least two years and has suffered a net loss of at least 20% of its net worth over the 12- to 24-month period before the priority date.
3. Startups
Launching a business from scratch offers maximum control and high growth potential, along with the highest risk. Roughly 20 percent of new businesses fail in their first year, and about half within five years. If the business fails before you receive your unconditional Green Card, your EB-5 petition can be denied and your status revoked. Startups reward investors who can absorb that risk and stay hands-on.
How to Choose the Right EB-5 Investment Option
Choosing the right EB-5 investment is one of the most important decisions in your immigration journey. The ideal option depends on your financial goals, business experience, risk tolerance, and long-term plans in the United States. Before making a decision, consider the following factors:
Identify Your Primary Goal
Start by asking yourself what matters most:
If your priority is obtaining a U.S. Green Card with minimal day-to-day involvement, a Regional Center investment is generally the preferred choice.
If you want to own, operate, and grow a business in the United States while creating jobs directly, a Direct EB-5 investment may be the better fit.
Your investment strategy should align with both your immigration objectives and your long-term financial plans.
Understand Your Risk Tolerance
Every EB-5 investment carries some level of risk, but the type of risk differs:
Direct Investments involve operational risks associated with running a business, including management responsibilities, ongoing compliance, and market performance.
Regional Center Projects shift the focus to project execution and developer performance. While investors benefit from a professionally managed structure and pooled capital, it's important to remember that many EB-5 investments are structured as mezzanine or subordinated loans rather than senior debt, so each project's financial terms should be reviewed carefully.
Always conduct thorough due diligence before investing.
Consider Your Time Commitment and Location
Managing a U.S. business requires significant time, leadership, and familiarity with the local market. If you:
Live outside the United States,
Have limited experience operating a U.S. business, or
Prefer a passive investment,
a Regional Center investment is usually the more practical and convenient option.
On the other hand, entrepreneurs who intend to relocate and actively manage a business may find a Direct EB-5 investment more rewarding.
Take Visa Processing Into Account
Your country of birth can significantly affect your EB-5 timeline.
Investors from countries with high EB-5 demand should strongly consider Rural or High-Unemployment Targeted Employment Area (TEA) projects. These categories qualify for set-aside visas and may benefit from priority processing, potentially reducing waiting times compared with the unreserved visa category.
Work with the Right Team
A successful EB-5 application depends on experienced professional guidance. Before investing, work with:
An experienced EB-5 immigration attorney to manage your petition and ensure compliance with USCIS requirements.
A corporate or franchise attorney (for Direct EB-5 investments) to review business structures and legal agreements.
A qualified financial or investment advisor to evaluate project risks, conduct due diligence, and assess the investment's financial viability.
The right team will help verify your lawful Source of Funds, review the project's documentation, and ensure your investment satisfies all EB-5 program requirements.
Frequently Asked Questions
There are two primary options: a Direct Investment in a New Commercial Enterprise (NCE) that you actively manage, and an investment through a USCIS-designated Regional Center, where your capital is pooled into a larger project. Additionally, investments are categorized by location as TEA (minimum $800,000) or Non-TEA (minimum $1,050,000), and TEA projects may fall under the rural, high-unemployment, or infrastructure set-aside categories.
A direct EB-5 investment requires you to actively manage the business and create 10 direct, full-time W-2 jobs, with your capital typically invested as equity. A regional center EB-5 investment is passive: you may count direct, indirect, and induced jobs, your capital is usually structured as a loan (commonly mezzanine or subordinated debt), and the regional center handles all project management and compliance, for an administrative fee of roughly $50,000 to $80,000.
If you are an experienced entrepreneur who wants full control of a U.S. business and is ready for hands-on management, a direct investment may suit you. But for the vast majority of investors, whose priority is a Green Card with minimal operational burden and lower immigration risk, a regional center is the better and far more popular choice.
A TEA investment requires a minimum of $800,000 and qualifies for reserved (set-aside) visa categories and faster processing. A non-TEA investment requires $1,050,000, does not qualify for visa set-asides or priority processing, and is subject to standard, often longer, wait times.
The RIA of 2022 reserves 32 percent of annual EB-5 visas to reduce backlogs, divided into 20 percent for rural TEAs, 10 percent for high-unemployment TEAs, and 2 percent for infrastructure projects. Rural projects also receive USCIS priority processing. Note that the infrastructure set-aside is available only through regional centers, not to direct investors.
Yes, this is exactly what a direct EB-5 investment allows. You form a legal entity (like an LLC or C-Corp), invest the required minimum, and maintain an active managerial role. You must prove that your investment will create at least 10 new, full-time W-2 positions for qualifying U.S. workers within a reasonable timeframe.
Real estate development is a popular option through a regional center, because construction and operational spending easily generate the required indirect and induced jobs, typically within a loan structure (usually mezzanine or subordinated). However, passive real estate ownership (simply buying rental property) does not qualify for a direct EB-5 investment, because it does not create 10 direct W-2 jobs.
It depends on your country's backlog. Chinese and Indian investors face severe backlogs in the unreserved category. As of the mid-2026 Visa Bulletin, China's unreserved EB-5 final action date sits around December 1, 2016, and India's unreserved category became Unavailable for the remainder of Fiscal Year 2026 after its annual limit was reached. Therefore, the strongest strategy for Chinese and Indian nationals is a regional center project in a rural or high-unemployment TEA, because all set-aside categories currently remain "Current" for every country, letting these investors bypass the unreserved backlog entirely. Bangladeshi and Pakistani investors are generally "current" in the unreserved category with no country backlog, giving them more freedom to prioritize project quality, though a rural or high-unemployment set-aside still offers faster processing and a hedge against future backlogs.
The minimum capital requirement for the EB-5 program is $800,000. However, this reduced threshold applies exclusively to investments made within a Targeted Employment Area (TEA), defined as a designated rural area or an area with high unemployment. Investments made outside of a TEA require a minimum of $1,050,000. For most investors, the most cost-effective and secure way to meet this requirement is through a USCIS-designated Regional Center project. Please note, however, that Regional Centers typically charge an additional administrative fee ranging from $50,000 to $80,000 on top of the capital investment.
Vicky Katsarova is an internationally recognized advisor in residency and citizenship by investment, with more than 15 years of experience helping investors, entrepreneurs, and families secure strategic residency and citizenship solutions.
Since founding High Net Worth Immigration in 2010, she has advised clients across more than 20 jurisdictions, helping them enhance global mobility, protect family wealth, diversify geopolitical risk, and unlock international opportunities through carefully selected investment migration programs.
Having lived in Bulgaria, the UAE, and Canada, Vicky combines professional expertise with personal international experience. Her boutique advisory is built on discretion, integrity, and long-term client relationships, delivering tailored solutions aligned with each client's unique objectives.
Member of the Uglobal Writers Council | Contributor to UNIQUE Private Jet Magazine | Featured in CIVITAS POST's "Leading Women" & Women's Journal
