Investment Based Green Card

The EB-5 Investor Visa Program allows foreign nationals to invest in the U.S. economy and obtain lawful permanent residency. Here are the key points of this program:

Investment Amounts:

  • Standard Investment: $1,050,000 million into a new or existing U.S. business.
  • Reduced Investment: $800,000 in a Targeted Employment Area (TEA), either rural or with high unemployment.

Job Creation Requirements:

  • Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years.
  • For existing businesses, the investment must lead to a 140% increase in the number of employees or net worth, or retain all existing jobs in a troubled business that has lost 20% of its net worth in the past 12–24 months.

Geographical Focus:

  • Investments can be anywhere in the U.S., but reduced investments are for TEAs.
  • TEAs are either rural areas or areas with unemployment at least 150% of the national average.
  • States have designated agencies to certify TEAs, such as the California Governor’s Office of Business and Economic Development.

Conditional Permanent Residency:

  • Upon approval, the investor and their immediate family are granted conditional permanent residence for two years.
  • To remove conditions, the investor must prove that the investment has been made and the jobs were created or will be created in a reasonable time.

Permanent Residency:

  • After fulfilling the requirements and removing conditions, the investor and family can become permanent residents without restrictions.

Including Family Members:

  • The investor’s spouse and unmarried children under 21 years of age can be included in the petition.

Annual Visa Cap:

  • Approximately 9,500 visas are available each fiscal year for the EB-5 program.

Consular Processing vs. Adjustment of Status:

  • Investors living outside the U.S. apply through consular processing.
  • Those already in the U.S. can adjust their status to conditional permanent resident without leaving the country.

Representation and Assistance:

The Ahluwalia Firm offer services to help navigate this complex process, ensuring that all documentation is correctly filed and that the investor is well-represented before USCIS. When considering an EB-5 visa, it is vital to get accurate legal advice and assistance. Mistakes can be costly and may result in the denial of the application. Legal firms with experience in EB-5 visas can provide invaluable guidance to investors throughout this process.


Dear Mr. Ahluwalia, I would like to thank you for all your help with Dr. xxx case. She and I were very impressed with your services and the professionalism that you showed both of us. I am referring you to a very good friend of mine who is opening a manufacturing plant and wants to bring his brother in as a partner/investor/employee from Italy. I am forwarding your information for xxxx to contact you and make arrangements accordingly. Thank you for all your help.

Dr. F.

Inderjit, thank you so very much. I sincerely appreciate all the effort you took to get this approved and your incredible patience. As xxx mentioned, we will only work with you for all our future H1's. Thanks once again.


Inderjit handled our immigration matter in reference to my parents. We approached him and found him extremely pleasant to work with. In addition to his knowledge of the law, he guided us very well throughout the process. I would recommend him very strongly to anyone in matter of immigration.

Ajay (Avvo Reviewer)


Fill out the contact form or call us at 408.981.7696 to schedule your consultation.