Understanding the EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor Program offers eligible foreign investors an opportunity to apply for lawful permanent residence in the United States through qualifying investments that meet U.S. Citizenship and Immigration Services (USCIS) requirements.

Eligible investors may include their spouses and unmarried children under the age of 21 in their immigration applications.

Established by Congress in 1990, the EB-5 Program was designed to stimulate the U.S. economy through capital investment and job creation.

Vitalis Tower, located in Aventura, Florida, represents a modern medical and professional office development. Investors interested in exploring EB-5 opportunities should consult qualified immigration and securities professionals to determine whether any investment opportunity associated with the project meets the applicable program requirements.

Important: The inclusion of EB-5 information on this website does not constitute confirmation that Vitalis Tower is an approved or qualifying EB-5 investment project.

Who Can Apply?

The EB-5 Program is intended for eligible foreign investors who meet the investment, lawful source of funds, job creation, and other requirements established by USCIS.

Qualifying applicants may include:

  • International investors seeking permanent residence in the United States.
  • Spouses of eligible EB-5 investors.
  • Unmarried children under 21 years of age of eligible investors.

All applicants must meet the applicable immigration requirements.

What Is the Application Process?

  • Step 1 – Evaluate Investment Opportunities: Consult qualified legal and financial professionals to identify an eligible EB-5 investment and assess its risks.
  • Step 2 – Verify Investment Requirements: Confirm the applicable minimum investment amount, project eligibility, job creation requirements, and any relevant securities law requirements.
  • Step 3 – Document the Source of Funds: Prepare documentation demonstrating that the investment capital was obtained through lawful means.
  • Step 4 – Submit the Appropriate Petition: File Form I-526 or Form I-526E, as applicable, with USCIS.
  • Step 5 – Immigration Processing: Following petition approval and satisfaction of applicable requirements, proceed through consular processing or adjustment of status, as appropriate.
  • Step 6 – Removal of Conditions: Eligible conditional permanent residents generally must file Form I-829 to request removal of conditions and demonstrate compliance with applicable EB-5 requirements.

Approval is not guaranteed. Immigration outcomes depend on individual eligibility, project compliance, visa availability, and USCIS determinations.

What Is the Timeline to Apply and Receive an EB-5 Visa?

EB-5 processing times vary depending on the type of petition, the applicant’s country of chargeability, visa availability, USCIS processing times, and individual circumstances.

The process may include:

  • Investment selection and due diligence.
  • Preparation of financial and immigration documentation.
  • Submission and adjudication of the EB-5 petition.
  • Consular processing or adjustment of status.
  • Conditional permanent residence, where applicable.
  • Filing for removal of conditions.

For current processing times, please consult the official USCIS website.

What Conditions Must an EB-5 Qualified Project Meet?

To qualify under the EB-5 Program, an investment generally must satisfy requirements that include:

  • Investment in a qualifying new commercial enterprise in the United States.
  • Meeting the applicable minimum capital investment requirement.
  • Creation of at least 10 qualifying full-time jobs per EB-5 investor, subject to the program’s applicable job creation rules.
  • Compliance with USCIS regulations and applicable securities laws.
  • Documentation supporting the lawful source and path of invested funds.

What Are the Basic Investment Requirements?

Under the EB-5 Reform and Integrity Act framework, the statutory investment thresholds are subject to periodic adjustments.

The initial thresholds established under that framework were:

  • $800,000: For qualifying investments in a targeted employment area (TEA) or qualifying infrastructure project.
  • $1,050,000: For investments subject to the standard minimum investment threshold.
  • Job Creation: At least 10 qualifying full-time jobs per investor, subject to applicable rules.
  • Lawful Source of Funds: Documentation establishing the legal origin and movement of investment capital.
  • Qualifying Investment: Capital invested in an eligible commercial enterprise and placed at risk as required by the program.

Investment thresholds may change. Investors should verify current amounts and project-specific eligibility with USCIS and qualified legal counsel before making any investment.

What Fees Are Associated With the EB-5 Program?

EB-5 investment expenses may include:

  • Required Investment Capital: The applicable EB-5 minimum investment amount.
  • Regional Center or Administrative Fees: If applicable, these vary depending on the investment offering.
  • Immigration Attorney Fees: Determined by the investor’s selected legal counsel.
  • USCIS Filing Fees: Government fees associated with the applicable petitions and immigration applications.
  • Additional Expenses: Translation, documentation, financial verification, and other professional services, where applicable.

For the most current USCIS filing fees, please visit:

USCIS Official Filing Fees

EB-5 Application Documentation Checklist

Applicants should consult an immigration attorney regarding the documentation required for their specific circumstances.

Common documentation may include:

  • Valid passport and identification documents.
  • Personal and family information.
  • Evidence of the lawful source of investment funds.
  • Financial statements and supporting banking documentation.
  • Business ownership or employment records, where applicable.
  • Investment and subscription agreements.
  • Documents relating to the qualifying commercial enterprise.
  • Evidence supporting applicable job creation requirements.
  • Additional forms and supporting documentation required by USCIS.

Official information and immigration forms are available at:

www.uscis.gov/eb-5

Important Disclaimer

The information provided on this page is for general informational purposes only and does not constitute immigration, legal, tax, financial, or investment advice.

Vitalis Tower does not represent or guarantee that any investment in the development qualifies under the EB-5 Immigrant Investor Program. Project eligibility, Regional Center affiliation, and investment offering terms must be independently verified through official documentation.

Participation in the EB-5 Program does not guarantee petition approval, visa issuance, lawful permanent residence, or U.S. citizenship.

All investments involve risks, including the potential loss of invested capital. Prospective investors should conduct independent due diligence and consult qualified immigration attorneys, securities professionals, and financial advisers before making investment decisions.

Architectural renderings, plans, dimensions, amenities, and project descriptions are conceptual and may be subject to modification, regulatory approvals, and applicable contractual documents.

This website does not constitute an offer to sell securities or a solicitation to purchase securities in any jurisdiction where such offer or solicitation would be unlawful.