In 1990, the United States Congress created the EB-5 Immigrant Investor Program to boost the U.S. economy by encouraging investments from foreign entrepreneurs. Immigrants must meet strict eligibility requirements to obtain an EB-5 visa and become lawful permanent residents.

It is a common misconception that the EB-5 program guarantees lawful permanent residency. Immigrants who are granted EB-5 visas only have conditional permanent residency, meaning that they must satisfy the requirements of the EB-5 program and successfully apply to have their visa conditions removed before they become lawful permanent residents.

If you are interested in applying for an EB-5 visa, turn to The O’Brien Law Group for legal guidance. Rusty O’Brien is an immigration attorney in Louisville who will help you gather the necessary documentation to prove that you meet the eligibility requirements. Mr. O’Brien will also provide legal support while you are in the United States to ensure that you are able to become a lawful permanent resident.

Call 502-400-7890 to schedule a consultation. You can also learn more about U.S. immigration laws by visiting

Here are the answers to three FAQs about the EB-5 Immigrant Investor Program:

  1. I was approved for an EB-5 visa. How do I become a lawful permanent resident?

In order to remove the conditions of your residency status in the United States, you will have to submit Form I-829, Petition by Entrepreneur to Remove Conditions. It is highly advisable that you consult an immigration attorney before you submit this form.

If you do not provide the necessary evidence to prove that your investment has met the job creation quota and other requirements of the EB-5 visa, then your Form I-829 may be denied by United States Citizenship and Immigration Services. You and your family would then face deportation proceedings.

If your Form I-829 was denied, an experienced employment visa lawyer can help you appeal the denial. Alternatively, your attorney can seek a federal judge’s order that your I-829 petition should not have been denied in the first place.

  1. Does the U.S. government perform background checks on EB-5 investors?

Yes. If you petition for an EB-5 visa, there are several government agencies that could investigate your background such as USCIS, the Department of Homeland Security, and the Department of State. These agencies will want to confirm the source of your investment capital and the potential for your investment to meet the requirements of the EB-5 program.

  1. Do I need to invest $1 million USD to qualify for an EB-5 visa?

Not necessarily. If you invest in a Targeted Employment Area, the minimum capital requirement is only $500,000.

This would be either a rural area or an area with high unemployment. A rural area is a region outside a metropolitan region as defined by the Office of Management and Budget, or outside the border of a city or town with a population of at least 20,000. A high unemployment area is a region with an unemployment rate that is at least 150 percent the national average rate.

If you would like to petition for an EB-5 visa, contact The O’Brien Law Group. Rusty O’Brien is an employment visa lawyer in Louisville who will explain U.S. immigration laws and compassionately represent your interests. Call 502-400-7890 to arrange a consultation.


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