BizHouston
EB-5 Investor Green Card

EB-5 Investor Green Card — Business Plan and Operational Setup

The EB-5 Investor Green Card (the EB-5 immigrant investor category) targets U.S. permanent residency through a job-creating investment. BizHouston prepares the business side of the direct investment model — business research, business plan, 10 full-time job creation plan and Houston operational setup; legal filings are handled by a licensed immigration attorney.

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What's on this page?

What the EB-5 Investor Green Card is, investment amount and TEA, I-526 vs I-526E, direct investment vs regional center (table), investment risk, job creation requirement, process stages, elements of an EB-5 business plan, BizHouston's role and FAQs.

Quick Facts

  • Standard investment amount: $1,050,000
  • In a TEA or qualifying area: $800,000
  • Core requirement: create at least 10 full-time U.S. jobs
  • First step: Form I-526 (direct) or I-526E (regional center)
  • Next stage: conditional Green Card and the I-829 process
  • Amounts, timelines and eligibility must be verified against current USCIS sources and case-specific factors.

What Is the EB-5 Investor Green Card?

EB-5 is an immigrant visa category that allows foreign investors to obtain U.S. permanent residency (green card) by making a qualifying capital investment in a U.S. enterprise that creates at least 10 full-time jobs. Unlike E-2 or L-1, EB-5 leads directly to permanent residency, not temporary status.

Core USCIS Requirements

  • Minimum $800,000 (TEA) or $1,050,000 (standard) capital investment
  • Investment must be 'at risk' — irrevocably committed to the enterprise
  • New commercial enterprise creation or substantial restructuring of an existing business
  • Creation of at least 10 full-time (35+ hrs/week) jobs for qualifying U.S. workers
  • For direct EB-5: investor must be actively involved in enterprise management
  • Full documentation of lawful source of funds, traceable from origin to investment

Direct EB-5 vs Regional Center EB-5

Direct EB-5

Invest in your own business

  • Investment in a business you create or acquire
  • Active involvement in enterprise management
  • Direct job creation required (actual employees)
  • BizHouston provides business consulting for this model
  • Greater investor control over the business

Regional Center EB-5

Passive investment in approved project

  • Investment pooled through a USCIS-designated Regional Center
  • Passive investor role — no management required
  • Indirect job creation is permissible
  • BizHouston does not broker or sell Regional Center projects
  • A financial advisor is needed to evaluate project risks
CriteriaDirect EB-5 InvestmentRegional Center Investment
Petition formForm I-526Form I-526E
Job creation approachDirect — payroll employeesIndirect — via economic modeling
Investor roleActive managementTypically passive investor
Operational controlHigh — the business is yoursLimited — the center runs the project
Due diligence needsBusiness and market analysisProject documents and securities review
Risk assessmentBusiness success within investor's controlProject risk must be evaluated separately

A project appearing on the USCIS regional center list does not mean the investment is safe, that the project will be approved, that a green card will be granted, or that capital will be returned. Regional Center investments often involve a securities dimension. Investors should conduct independent review with an immigration attorney, a securities attorney, a financial advisor and a tax advisor.

Investment Amount and What Is a TEA?

Standard Investment

$1,050,000

For standard (non-TEA) investments

TEA / Qualifying Area

$800,000

In a TEA or qualifying infrastructure project

A TEA (Targeted Employment Area) is defined as a rural area or an urban area with unemployment at 150% or more of the national average. Whether an investment qualifies as a TEA depends on the location, project structure and current unemployment data — and must be verified on a project-by-project basis.

The amounts above and TEA eligibility can change over time; both should be confirmed against current USCIS sources and project documents together with your licensed immigration attorney.

What Is the Difference Between I-526 and I-526E?

The first petition in the EB-5 process is one of two forms depending on your investment model. The correct form depends on how the investment is structured and should be determined with your licensed immigration attorney.

Form I-526

Direct / Standalone Investor

Filed by a standalone EB-5 investor who invests directly in their own enterprise. Job creation is proven directly through payroll employees.

Form I-526E

Regional Center Investor

Filed by an investor in a Regional Center project (introduced by the 2022 EB-5 Reform and Integrity Act). Indirect job creation may be counted through economic modeling.

How EB-5 Investment Risk Is Framed

EB-5 rules require the investment to remain 'at risk.' This means return of capital cannot be guaranteed by any party. The points below can help you assess the risk realistically:

  • Per USCIS rules, the investment must be kept at risk.
  • The business or project may fail; loss of capital is possible.
  • The green card outcome and the investment return / return of capital are separate matters and should be evaluated separately.
  • Independent legal, financial, tax and securities review is important before any investment decision.
  • BizHouston does not guarantee investment returns, return of capital or any immigration outcome.

Who Is This For?

  • Investors with $800,000–$1,050,000+ available capital who want to deploy it in a U.S. business
  • Entrepreneurs and business owners seeking permanent U.S. residency through business investment
  • Investors willing to create or acquire a business and be actively involved in its management
  • Those deciding between direct EB-5 and Regional Center pathways
  • Investors planning a job-creating enterprise in Houston or Texas
  • Applicants who need a professional business plan and job creation documentation meeting USCIS standards

EB-5 Process Stages

From I-526 / I-526E to Unconditional Green Card

1

I-526 / I-526E — Investor Petition

The first petition documenting the investment, business plan and source of funds: Form I-526 for direct investment, Form I-526E for Regional Center investment. Processing time: typically 24+ months.

2

DS-260 / I-485 — Conditional Green Card

Consular processing or adjustment of status to receive 2-year conditional permanent residency.

3

I-829 — Conditions Removal

Filed within 90 days before the 2-year anniversary. Proves the investment was sustained and 10 full-time jobs were created. Approval grants an unconditional green card; the outcome is not guaranteed.

The I-829 stage is the most critical point for proving the business operated and jobs were created. This is why business plan quality and operational preparation matter not just for the initial petition (I-526 or I-526E), but for long-term green card security.

Elements of a Strong EB-5 Business Plan

01Investment Structure & Source of Funds

Itemized breakdown of the total investment, evidence that funds are at risk, and traceable documentation of the lawful source of capital. USCIS scrutinizes EB-5 source of funds more rigorously than almost any other visa category — bank statements, tax returns and transfer records must be complete.

02Business Model & Market Analysis

Houston and Texas market-specific industry research, competitive analysis, target customer definition and revenue model. The most important contribution of the EB-5 business plan is proving economic viability with strong market data.

035-Year Financial Projections

Monthly P&L for Year 1, annual projections for Years 2–5, cash flow and break-even analysis. For EB-5, projections must be especially realistic and grounded in documented market data — overstatement undermines credibility with USCIS adjudicators.

04Job Creation Plan — 10 Full-Time Employees

The most critical section of the EB-5 business plan: job titles, hiring timeline, wage levels and hours per week. Each position must be described with a clear creation timeline — and these jobs must be maintained through the I-829 stage. This section carries the most weight in USCIS evaluation.

05Operational Plan & TEA Analysis

Business location, lease structure, equipment, supply chain and management hierarchy. If a TEA investment is targeted, the location's TEA designation must be confirmed — and whether the reduced $800,000 threshold applies must be verified with your attorney.

Why Houston & Texas for EB-5 Direct Investment?

TEA Zone Opportunities

Some areas within the greater Houston metropolitan area may qualify as TEA, potentially reducing the investment threshold to $800,000.

No State Income Tax

Texas has no individual state income tax — a meaningful financial advantage for business owners and employees.

Job-Absorbing Industries

Energy, healthcare, logistics, retail and e-commerce provide strong environments for businesses that can sustain 10+ full-time employees.

Lower Business Setup Costs

Commercial rents and operating costs are significantly lower than New York or California — more of the investment goes toward the business itself.

Large, Diverse Market

Houston's ~7 million metro population provides a strong customer base across many industries.

BizHouston Local Network

BizHouston's local network facilitates coordination across real estate, accounting and operational setup.

BizHouston's Role in Your EB-5 Process

BizHouston is a business consulting firm, not a law firm. We provide operational support for the direct EB-5 model only — we do not broker or sell Regional Center projects:

Business Research & Selection

Industry and business model research for EB-5 direct investment capable of sustaining 10+ full-time jobs.

5-Year EB-5 Business Plan

I-526-ready business plan with market analysis, financial projections and job creation section.

Job Creation Planning

Position definitions, hiring timeline and wage structure to meet the 10 full-time employment requirement.

Investment Structure Guidance

Investment breakdown, 'at risk' documentation strategy and source of funds documentation planning.

Houston Operational Setup

Physical space, company registration, equipment and business launch support.

Attorney & CPA Referral

Referral to a licensed immigration attorney and, where needed, a CPA / tax advisor, with coordination across the prepared documentation.

How the Process Works

01

Free Initial Assessment (15 min.)

Investment capacity, business goals and direct EB-5 suitability are evaluated.

02

Business & Industry Research

TEA eligibility, job-creation-capable industries and suitable business models in Houston.

03

Investment Structure & Source of Funds Planning

$800K/$1.05M investment structuring, 'at risk' documentation strategy and capital source planning.

04

EB-5 Business Plan Preparation

USCIS-format business plan with market analysis, financial projections, job creation plan and operations plan.

05

Attorney Referral & I-526 Coordination

Introduction to a licensed immigration attorney; documentation package transferred for filing — Form I-526 for direct investment (Form I-526E for Regional Center).

06

Operational Setup & I-829 Evidence Building

Houston business launch, employee hiring and long-term evidence accumulation for the I-829 conditions removal stage.

Important Notice

BizHouston / Orsa Consulting LLC is not a law firm. We do not guarantee EB-5 green card approval, I-829 approval, investment returns or any legal or financial outcome. EB-5 is a complex process involving substantial capital and long-term risk. A licensed immigration attorney and, where appropriate, a registered financial advisor are required.

Frequently Asked Questions

What is the difference between I-526 and I-526E?+
Form I-526 is filed by a standalone (direct) EB-5 investor for their own investment. Form I-526E is filed by investors in a Regional Center project (introduced by the 2022 EB-5 Reform and Integrity Act). In short: direct investment → I-526, Regional Center investment → I-526E. Which form applies depends on your investment model and should be confirmed with a licensed immigration attorney.
What is the EB-5 investment amount?+
As of 2024–2026, the standard investment amount is $1,050,000. In a Targeted Employment Area (TEA) or qualifying infrastructure project, the amount is reduced to $800,000. These amounts are periodically adjusted by USCIS; confirm current figures against USCIS sources and project documents with a licensed immigration attorney.
What is a TEA?+
A TEA (Targeted Employment Area) is either a rural area or an urban area with unemployment at 150% or more of the national average. Investments in a qualifying TEA are eligible for the reduced $800,000 threshold. Whether a specific location qualifies varies by project; current TEA eligibility must be verified through USCIS and state designation sources together with project documents.
Is a Regional Center investment safe?+
A project appearing on the USCIS regional center list does not mean the investment is safe, that the project will be approved, that a green card will be granted, or that capital will be returned. Regional Center investments often involve a securities dimension and may carry business or project failure risk. Before investing, it is important to conduct independent review with an immigration attorney, a securities attorney, a financial advisor and a tax advisor.
Is return of capital guaranteed in EB-5?+
No. EB-5 rules require the investment to remain 'at risk,' so return of capital cannot be guaranteed by any party. The green card outcome and the investment return / return of capital are separate matters and should be evaluated separately. Independent legal, financial, tax and securities review is therefore critical.
What is the difference between direct EB-5 and Regional Center EB-5?+
In direct EB-5, the investor creates or acquires a U.S. business, is actively involved in management and files Form I-526; job creation must be direct (actual employees). In Regional Center EB-5, the investor typically participates as a passive investor in a USCIS-designated project, files Form I-526E, and indirect job creation is permissible. BizHouston provides business consulting support for the direct investment model only — we do not broker or sell Regional Center projects.
How many jobs must be created for EB-5?+
Direct EB-5 requires the creation of at least 10 full-time jobs (35+ hours/week) for qualifying U.S. workers — U.S. citizens, lawful permanent residents, or other authorized workers. These jobs must be documented and maintained at the I-829 (conditions removal) stage.
How does the conditional green card become permanent?+
After approval of the investor petition (Form I-526 for direct investment, Form I-526E for Regional Center investment), the investor receives a 2-year conditional permanent residency. Within 90 days before the 2-year anniversary, the investor files Form I-829 to remove conditions. I-829 requires proof that the investment was sustained, the business is active, and at least 10 qualifying full-time jobs were created. Upon I-829 approval, unconditional permanent residency is granted — this outcome is not guaranteed and depends on case-specific factors and USCIS review.
How must the source of funds be documented for EB-5?+
USCIS scrutinizes the lawful source of EB-5 capital extensively. Acceptable documentation includes bank statements, tax returns, real estate sale records, business profit documentation, or inheritance/gift records. The full chain of funds from origin to the U.S. enterprise must be traceable. This preparation typically requires both a licensed immigration attorney and a financial advisor.
Must a direct EB-5 investor be actively involved in management?+
Yes. For direct EB-5, the investor must be engaged in the management of the enterprise — either through day-to-day management or policy-making roles. Purely passive investors generally do not qualify for direct EB-5. A board of directors seat or limited partnership management role may satisfy the requirement; your attorney should advise on the appropriate structure.
How long does the EB-5 process take from investment to green card?+
Investor petition processing at USCIS (Form I-526 for direct investment, Form I-526E for Regional Center investment) can take 24+ months. After approval, consular processing or I-485 adjustment of status adds additional time for conditional green card issuance. I-829 (conditions removal) processing can take another 1–3 years. The total process from investment to unconditional green card is commonly 5–8 years. Timelines vary by case; check current USCIS processing times at uscis.gov.
What are the EB-5 priority date considerations?+
Historically, most nationalities other than China and India have not experienced significant EB-5 priority date backlogs. However, priority dates are updated monthly in the State Department Visa Bulletin and can shift. Confirm current priority date availability with a licensed immigration attorney before making investment decisions.
What happens if the EB-5 business fails before I-829?+
If the business fails before conditions are removed via I-829, the investor risks denial of the conditions removal petition and potential loss of green card eligibility. The investment must remain 'at risk' and the job creation requirement must be met. This is a significant risk inherent to EB-5 — thorough business planning and a viable, well-documented business model are critical risk mitigation tools.
Does BizHouston guarantee EB-5 green card approval?+
No. BizHouston is not a law firm. We do not guarantee EB-5 green card approval, investment returns, I-829 approval, or any legal outcome. EB-5 is a complex, high-stakes process. A licensed immigration attorney and, depending on the investment, a registered financial advisor are required for EB-5 decisions.
Is the initial consultation free?+
Yes. The initial 15-minute assessment call with BizHouston is free. We'll discuss your investment capacity, business goals and whether direct EB-5 is a suitable path.

Free Initial Assessment

Plan Your EB-5 Path

In a free 15-minute call, we'll assess your investment capacity, business goals and EB-5 options in Houston.

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The information provided on this website is for general informational purposes only and does not constitute legal advice. BizHouston / Orsa Consulting LLC is not a law firm unless otherwise specifically stated. For official and current information, users should verify details through official sources such as USCIS, the U.S. Department of State, IRS, state agencies, and other relevant government authorities. For legal advice, users should consult a licensed immigration attorney or qualified legal professional.