Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Resident status on the basis of their capital investment in a commercial enterprise to stimulate the growth of the U.S. economy.
To qualify for the EB-5 visa requirements, the investor makes an investment of either US$800,000 or US$1,050,000 into a new business that creates 10 full-time jobs for qualifying U.S. workers and the investor must be involved in the management of the business. For the management condition, being a limited partner in a partnership or a member of a limited liability company will qualify the investor as being involved in the management, while in fact the investor is a silent partner and does not have to manage the business.
The EB-5 program does not require the investor to directly manage the business on a day-to-day basis. Being a limited partner in a limited partnership or a member of a limited liability company is sufficient to satisfy the management requirement. This allows many foreign investors to obtain a U.S. Green Card through EB-5 investment without requiring prior business management experience.
The most important factor in qualifying for the EB-5 Visa Program is that the investor must be able to demonstrate that the capital he or she uses for the investment was obtained lawfully. Proving the lawful “source of funds” (SOF) is the most challenging aspect of the EB-5 immigrant investor program.
No day-to-day management requirement
No business or management experience requirement
No minimum education, language, age or business background requirement
Children admitted to public universities at same tuition as U.S. residents/citizens
Ability to live, work, study or retire anywhere in the U.S.
Ability to sponsor relatives for permanent residence and can qualify for U.S. citizenship after five years as a permanent resident
Our experienced attorneys and immigration consultants provide a wide variety of EB-5 consulting services, including:
Our firm’s managing partner, David Enterline, has over 30 years of immigration experience including 15 years specializing in the EB-5 immigrant investor visa category. He has represented hundreds of investors throughout Asia and worked with over 35 Regional Centers and investment projects in at least 50 different projects. Our firm offers a full-service, hands-on, comprehensive package designed to see the entire process through from beginning to end. As licensed U.S. immigration attorneys with hands-on experience working directly with the U.S. Consulate General in Ho Chi Minh City, the U.S. Embassy in Manila, the American Institute in Taiwan, and processing posts across Asia, we provide our clients with a unique and personalized approach unmatched by other immigration attorneys.
With in-depth experience and a commitment to client success, we ensure the entire EB-5 visa process is seamless and compliant with all EB-5 visa requirements.
In the EB-5 Entrepreneurial Program, investors directly invest in and manage a new commercial enterprise.
They are responsible for creating at least 10 full-time jobs for qualifying U.S. workers.
In the EB-5 Regional Center Program, investors invest funds into a project sponsored by a designated Regional Center.
Regional Centers are organizations approved by the United States Citizenship and Immigration Services (USCIS) to promote economic growth in specific geographic areas.
We are a U.S. immigration law firm led by licensed attorneys who specialize in EB-5 visa and U.S. investment immigration. We are not unlicensed agents or brokers. Receiving legal guidance from a qualified immigration attorney with direct experience in the EB-5 immigrant investor program significantly increases your chance of success.
Only U.S.-licensed immigration attorneys can represent you before USCIS and handle the full legal process of the EB-5 visa program. Consultants and agents act merely as intermediaries and cannot legally represent you, especially in cases where challenges arise during your EB-5 visa petition or if there are issues related to EB-5 visa requirements or source of funds.
We have represented hundreds of Asian clients applying through the EB-5 visa category, including investment in numerous Regional Center projects. Our work covers complex cases such as detailed source of funds documentation, previous visa denials, and navigating EB-5 investment amount qualifications across various industries and geographies.
Professional fees will depends on the complexity of your case. The fees will be discussed during the consultation session.
No attorney or firm can guarantee an outcome for EB-5 visa application, as final decisions are made by USCIS and the U.S. Embassy or Consulate. However, our legal team maximizes your chances by offering strategic counsel, complete documentation support, and comprehensive guidance through the entire EB-5 immigrant investor program process—from initial filing to conditional green card approval.
The minimum investment amount depends on the type of project and geographic location – projects located in a Targeted Employment Area (TEA) qualify for a lower minimum than projects outside a TEA. Regardless of the investment amount, the investment must create at least 10 full-time jobs for qualifying U.S. workers. Contact Enterline & Partners for the most current investment thresholds under applicable regulations, as these figures are subject to change.
The EB-5 process typically takes several years and depends on visa availability for each investor’s country of birth. For Vietnamese investors, wait times are generally shorter than for investors from countries with higher EB-5 demand such as China or India. For Filipino investors, processing times are comparable to Vietnamese investors and are subject to the same visa availability conditions. The process involves the following stages: filing the I-526E Petition with USCIS, waiting for a visa number to become available, attending the consular interview at either the U.S. Consulate General in Ho Chi Minh City or the U.S. Embassy in Manila, entering the United States with a conditional Green Card, and filing Form I-829 to remove conditions approximately two years later.
Yes – this is the most common approach for Vietnamese and Filipino investors. Rather than directly managing a business, the investor contributes capital to a USCIS-approved Regional Center project. The investor takes a passive role while the Regional Center manages the day-to-day operations. The EB-5 Reform and Integrity Act of 2022 (RIA) reauthorized the Regional Center Program and added significant new investor protections, including enhanced project oversight, transparency requirements, and the grandfathering provision under Section 108 that protects investors who file before the program’s authorization deadline. Learn more about the EB-5 Reform and Integrity Act of 2022.
Yes – a single EB-5 petition covers the principal investor together with their spouse and unmarried children under the age of 21. All qualifying family members receive their Green Cards at the same time as the principal investor without the need to file separate petitions or make additional investments. Families with children approaching the age of 21 should be aware of the “aging out” risk – if a child turns 21 during processing, they may lose their eligibility as a derivative beneficiary. Early planning with an experienced EB-5 attorney is important for families in this situation.
When evaluating whether an EB-5 investment meets the requirement that an investor create at least 10 jobs for qualified U.S. workers, there is now more guidance under the RIA than before. In general, an investment in a business sponsored by a Regional Center does not require all qualifying jobs come
David Enterline, Managing Partner of Enterline and Partners Consulting was recognized by IIUSA, the preeminent EB-5 trade association in the United States, for successfully assisting EB-5 immigrant investor clients in obtaining approvals of Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status during the year 2025. David
The EB-5 Reform and Integrity Act of 2022 (“RIA”) establishes priority processing for rural areas, ensuring that Form I-526/I-526E Petitions (“Petitions”) filed for business or projects in these areas are expedited. Under this provision, Petitions for EB-5 investments in rural areas shall be prioritized in processing and adjudication, allowing investors
Licensed U.S. immigration attorneys with over 35 years of combined experience. Members of the American Immigration Lawyers Association (AILA) - not visa consultants.
Direct access to licensed U.S. attorneys from our offices in Ho Chi Minh City and Manila. Every case is handled by a qualified legal professional - not outsourced to staff.
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