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The EB-5 immigrant investor category is established in INA § 203(b)(5), codified at 8 U.S.C. § 1153(b)(5), and further modified by the EB-5 Reform and Integrity Act of 2022. It allows qualifying investors to obtain permanent residence by investing in U.S. businesses that create jobs for U.S. workers.

Vargas Gonzalez Delombard, LLP concentrates on complex litigation and property-related disputes. That’s why we collaborate with attorneys who have experience in immigration and EB-5 matters to evaluate investor options, project structures, and related risks.

Capitol Building and the EB-5 visa for investment

What Is EB-5?

Under EB-5, foreign investors may qualify for green cards by:

  • Making a required capital investment in a new commercial enterprise
  • Creating or preserving at least 10 full-time jobs for qualifying U.S. workers
  • Meeting specific investment thresholds, including rules for targeted employment areas and set-asides


EB-5 is highly technical and subject to stringent compliance, reporting, and source-of-funds requirements.

How We and Our Referral Partners Help

Through our EB-5–experienced referral counsel, investors and businesses can receive help with:

  • Structuring investments to meet INA and USCIS criteria
  • Evaluating regional center vs. direct investment options
  • Preparing Form I-526E and, later, Form I-829 to remove conditions
  • Coordinating with securities, tax, and corporate advisors as needed

Our team can help assess project risk from both litigation and property damage perspectives, while immigration counsel addresses USCIS eligibility and compliance.

If you’re exploring EB-5 as part of a larger business or real estate strategy, reach out. We’ll connect you with immigration counsel experienced in EB-5 cases while we remain available to advise on related commercial and property issues.

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