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EB-5 Investor Visa

EB-5 Investor Visa Attorney
Orange County, California

H&H Law has a track record of more than 2,000 EB-5 petitions. Speak with an EB-5 visa lawyer in Korean or English.

Key Facts (as of September 2026)

Minimum investment: $1,050,000, or $800,000 in a Targeted Employment Area (TEA); scheduled for inflation adjustment on January 1, 2027. Regional Center Program: authorized through September 30, 2027; regional-center petitions filed on or before September 30, 2026 are grandfathered under INA 203(b)(5)(S). Reserved visas: 20% rural, 10% high-unemployment, 2% infrastructure. Forms: I-526 (standalone) or I-526E (regional center), then I-485 or consular processing, then I-829 to remove conditions. USCIS filing fee: I-526/I-526E $11,160; I-829 $9,525 (current schedule; a pending proposed rule would lower these, so confirm on uscis.gov). Concurrent filing: investors in the U.S. may be able to file Form I-485 together with the I-526E (INA 245(n)).

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 a 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.

H&H Law EB-5 Track Record

With 2,000+ EB-5 petitions processed, Attorney Austin Kim's track record places H&H Law reflecting a national EB-5 practice — not just in Southern California. At H&H Law, EB-5 is a core practice area.

EB-5 Investment Amounts (2025–2026)

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

Standard Investment

  • Minimum: $1,050,000
  • Any qualifying U.S. enterprise
  • Urban or rural location
  • 10 direct full-time jobs required

TEA Investment

  • Minimum: $800,000
  • Targeted Employment Area
  • Rural areas or high unemployment
  • Indirect jobs count (RC)

Investment thresholds are adjusted for inflation. Note: Investment amounts are scheduled for an inflation adjustment on January 1, 2027. The applicable minimum generally depends on when the petition is filed — see our 2027 increase explainer and ask an attorney how the change affects your timing.

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 one of the largest Korean communities in the United States. H&H Law serves Korean investors seeking U.S. permanent residency, with Attorney Austin Kim conducting full consultations in Korean.

Investors in Los Angeles County — Koreatown, Torrance, Cerritos and beyond — are served from the same Santa Ana office. See EB-5 for Los Angeles Korean investors.

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 September 2026

$1,050,000 for standard projects and $800,000 for Targeted Employment Area (TEA) projects. Amounts adjust for inflation every 5 years under the EB-5 Reform and Integrity Act of 2022. Note: Amounts are scheduled for an inflation adjustment on January 1, 2027; the applicable minimum generally depends on when the petition is filed.
Timelines vary and cannot be promised. They depend on the project, your country of birth and visa availability (see the State Department Visa Bulletin), current USCIS processing times (egov.uscis.gov/processing-times), and whether you file from inside or outside the U.S. Concurrent filing (adjustment of status) may allow work authorization while pending.
Yes. Your spouse and unmarried children under 21 qualify as derivative beneficiaries and receive green cards with the principal investor at no additional investment. Child Status Protection Act (CSPA) protections may apply in cases of processing delays.
The 2022 Reform Act reauthorized the Regional Center program, introduced new investor protections, set new investment minimums ($800K TEA / $1.05M standard), created a rural set-aside for faster processing, allowed concurrent I-485 filing, and strengthened fraud prevention measures.
If you file concurrently (I-526E + I-485 at the same time and you are in the U.S.), you can apply for an Employment Authorization Document (EAD) and Advance Parole while your case is pending. This allows work and international travel before your green card is approved.
Under INA 203(b)(5)(S), added by the EB-5 Reform and Integrity Act of 2022, regional-center petitions filed on or before September 30, 2026 are grandfathered: if the Regional Center Program lapses after its current authorization ends on September 30, 2027, USCIS continues processing those petitions. Grandfathering does not waive other EB-5 requirements or lock in investment amounts.
Form I-526 is the petition for a standalone (direct) EB-5 investment. Form I-526E is the petition for an investment made through a USCIS-designated regional center. Both require documentation of the investment, the lawful source of funds, and the job-creation plan.
USCIS generally expects a documented path of funds, such as tax returns, bank and brokerage records, and records of any sale, gift, or loan that produced the investment, with certified English translations of foreign documents. See our source-of-funds guide for Korean investors.

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2,000+
EB-5 petitions processed
20+
Years EB-5 experience
$800K
TEA minimum investment
9/30/27
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