EB-5 Visas for Real Estate and Construction Investors: What You Need to Know

Written by: Meghan Phillips, Esq.

The EB-5 Immigrant Investor Program offers a direct path to U.S. permanent residency for foreign investors—making it an increasingly popular option for those looking to invest in the U.S. real estate or construction sectors. Whether you’re developing commercial properties, housing projects, or infrastructure, the EB-5 visa can help you achieve both your business and immigration goals.

1. Investment Thresholds

To qualify for the EB-5 visa in 2025, you must invest:

• $1.05 million in a standard project, or
• $800,000 in a Targeted Employment Area (TEA)—typically rural or high-unemployment zones, which are often attractive locations for large-scale real estate developments.

Your investment must create at least 10 full-time jobs for U.S. workers within two year.

2. Why Real Estate and Construction Are a Natural Fit

Large real estate and construction projects tend to generate significant employment across direct and indirect roles—from laborers and tradesmen (e.g. plumbers, electricians, carpenters) to architects and project managers. This aligns well with EB-5 job creation requirements.

3. Hands-On or Hands-Off?: Direct vs. Regional Center Investment

• If you prefer a hands-on role, you can invest directly in your own development company or project. 
• If you want a more passive investment, consider a USCIS-approved Regional Center focused on real estate or infrastructure, which handles project management and compliance for you. Regional Center investment may broaden job creation criteria to include indirect jobs as well.

Each approach has its own benefits and risks, so it’s crucial to evaluate your goals and risk tolerance.

4. Job Creation and Compliance

To remove the 2-year conditional green card and secure permanent residency, you must prove that your investment:

• Remained “at risk” throughout the period, and
• Resulted in at least 10 full-time U.S. jobs.

Real estate projects, particularly those in housing, hospitality, and mixed-use development, often exceed these job creation minimums if properly structured.

5. Due Diligence Is Essential

Not all EB-5 real estate deals are created equal. Some have poor job creation projections or high financial risk. It’s critical to:

• Review the business plan and job creation methodology,
• Confirm TEA designation (if pursuing the lower investment amount), and
• Work with legal and financial professionals who understand both EB-5 compliance and the real estate development lifecycle.

6. Timing and Quotas

Initially, investors and their families receive a 2-year conditional green card. Within 90 days before it expires, you must file to remove conditions (Form I-829) by proving job creation and that your investment remained at risk.

EB-5 visas are subject to annual quotas and per-country limits. Investors from countries with high demand (e.g., China, India) may face longer wait times. Planning ahead with a qualified immigration attorney can help you manage expectations and explore alternative visa strategies if needed.

7.  Proposed Trump “Gold Card” Program

In early 2025, former President Trump proposed a new visa for ultra-high-net-worth individuals, which he called the “Gold Card.” Key highlights of the proposal:

• $5 million investment—a direct contribution to the U.S. government
• No job creation requirement
• Path to U.S. permanent residency and eventual citizenship
• Marketed as a way to raise funds to offset the national debt

However, it’s crucial to understand:

🔔 The Trump Gold Card program has not been officially launched.
🛑 It has not canceled or replaced the EB-5 program.

At this time, the Gold Card remains a proposal and would likely require Congressional approval before implementation. As such, investors should view it as a potential future option—not a current one.

Interested in EB-5 investment through real estate or construction?

The EB-5 visa remains the only current, active immigration pathway for investors. While the Gold Card concept may eventually become a new route, it is still in its early proposal stage and has not been enacted or signed into law. Therefore, now is still a strong time to take advantage of the EB-5 program, but success depends on understanding the legal, financial, and immigration landscape. Reach out to our office to schedule a consultation and take the first step toward your American investment journey. Our firm helps investors structure qualifying projects, conduct due diligence on existing offerings, and will guide you through every step of the EB-5 and green card process. Schedule a consultation today and turn your real estate investment into a path to permanent U.S. residency.

Schedule a consultation with our Immigration team today or call (703) 369-4738.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer