EB-5 Investor Visa Attorney
Orange County, California

What Is the EB-5 Investor Visa?

The EB-5 Immigrant Investor Program, administered by USCIS, allows foreign nationals to obtain U.S. permanent residency (a green card) by making a qualifying investment in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

Created by Congress in 1990, EB-5 is the fastest path to a U.S. green card for investors who do not have a qualifying employer or family member to sponsor them. It is particularly popular among Korean and high-net-worth investors seeking a permanent U.S. base for themselves and their families.

EB-5 Investment Amounts (2025–2026)

Under the EB-5 Reform and Integrity Act of 2022, the current minimum investment thresholds are:

Investment thresholds are adjusted for inflation. Note: Investment amounts are expected to increase starting January 2027 — investors considering EB-5 may benefit from filing before that date to lock in current minimums.

Direct EB-5 vs. Regional Center EB-5

Direct EB-5 means investing directly in a business where you have active management involvement. All 10 jobs must be directly employed by the enterprise. Suitable for entrepreneurs who want to own and operate a U.S. business.

Regional Center EB-5 means investing through a USCIS-designated Regional Center that pools investor funds into larger commercial projects (hotels, real estate, infrastructure). Indirect and induced jobs can count toward the 10-job requirement — making this pathway easier to satisfy and the most popular route for passive investors.

The EB-5 Process: Step by Step

• 1

  Select a qualifying investment

  Choose a project or enterprise that meets USCIS EB-5 requirements. H&H Law reviews offering documents, business plans, and job creation methodologies before you commit capital.

• 2

  File Form I-526E (Immigrant Petition)

  H&H Law prepares and files your I-526E petition with USCIS, documenting the lawful source of funds, the investment, and the job creation plan.

• 3

  Visa processing or adjustment of status

  Once I-526E is approved, you apply for an immigrant visa at a U.S. consulate abroad (DS-260) or, if eligible, adjust status inside the U.S. (I-485). Concurrent filing may allow work and travel authorization while pending.

• 4

  Conditional green card (2 years)

  You receive a 2-year conditional permanent residency. During this period, the investment must remain at-risk and jobs must be created.

• 5

  Remove conditions — Form I-829

  File Form I-829 to remove conditions and obtain a permanent 10-year green card. H&H Law prepares the I-829 petition with full job creation documentation.

EB-5 for Korean Investors

Orange County is home to the second-largest Korean community in the United States (~116,000 residents). H&H Law is uniquely positioned to serve Korean investors seeking U.S. permanent residency — with Attorney Austin Kim conducting full consultations in Korean and deep experience navigating the Korean-U.S. investor landscape.

H&H Law also maintains a Seoul office connection, making us accessible to Korean investors planning a U.S. move before relocating.

Frequently Asked Questions

Answers by Austin Kim, J.D. · Updated May 2026