The EB-5 visa allows foreign nationals to obtain a green card by investing in a “new commercial enterprise” in the United States. This program offers foreign nationals, their spouses, and unmarried children under age 21 the opportunity to obtain a U.S. visa by making a minimum investment in a for-profit enterprise that creates or retains a specified number of jobs, excluding the investor and their immediate family. To qualify for the visa, individuals must invest $800,000 (or $1,050,000) and create or preserve at least 10 jobs for U.S. workers.

Once the foreign national investor’s petition is approved, they and their dependents will receive conditional permanent residence that is valid for two years. Before the conditional permanent residence expires, the investor must provide evidence demonstrating that the required investment has been fully made, and that 10 jobs have been maintained or created within a reasonable time period.

Commercial real estate projects are an attractive investment option for EB-5 visa seekers, as they create jobs through construction work and eventually in the service industry. Examples of such services include hotels, restaurants, resorts, and stadium development. Consequently, many EB-5 visa investments focus on commercial real estate.