Practice Area
United States EB-5 Immigrant Investor Program
Legal Preparation and Coordination of the Conditional Permanent Residence Process through Qualifying Investment and Job Creation in the U.S.
EB-5 is an immigrant investor program that allows foreign investors who invest in a qualifying commercial enterprise in the United States and meet the job creation requirement set out in the law to apply for permanent resident status in the U.S., under appropriate conditions, together with their spouses and unmarried children under the age of 21.
Canaydın Law Firm provides services in the preliminary assessment of the applicant for EB-5, the documentation of the lawful source of the investment capital and the transfer chain, the preparation of the personal and financial documents to be prepared in Türkiye for the file, the review of investment / project documents from the standpoint of the immigration file, and the coordination of USCIS, NVC, consular or, where appropriate, adjustment of status processes with an authorized immigration attorney in the U.S.
- EB-5 Eligibility Assessment
- Source of Funds and Transfer Chain
- I-526 / I-526E File
- Coordination of the Green Card Process
Who Is the EB-5 Program Suitable For?
The EB-5 program may be considered for investors who are able to invest the required capital in a qualifying commercial enterprise in the U.S., who can explain the lawful source and transfer path of the investment funds, and who can ensure that the investment meets the job creation requirement of the law.
- Persons who wish to invest in a new commercial enterprise in the U.S.
- Investors considering investing in a Regional Center project
- Persons planning a direct EB-5 investment by establishing their own enterprise or through an appropriate business structure
- Persons who can document the lawful source of the investment capital and the transfer chain up to the investment enterprise in the U.S.
- Investors who aim for permanent residence in the U.S. together with their spouse and eligible children
EB-5 Investment Amounts as of 2026
As of 2026, the general minimum investment amount in the EB-5 program is USD 1,050,000. If the investment is made in a rural or high unemployment area meeting the Targeted Employment Area (TEA) requirements of the law, or in a qualifying infrastructure project, the minimum investment amount is USD 800,000.
The law provides that the minimum investment amounts will be adjusted for inflation at certain intervals, starting from 1 January 2027. For this reason, the investment amount must be reconfirmed on the date the investment is made and the application is submitted.
Job Creation Requirement
One of the core elements of an EB-5 investment is that the investment creates full-time employment for at least 10 qualifying U.S. workers. The investor, the spouse and the children are not counted in this employment calculation.
- Full-time employment requirement for at least 10 qualifying workers
- The method of job creation may be documented differently in a standalone investment and in a Regional Center investment
- Review of the business plan, economic impact report or project documents according to the investment model
- At the removal of conditions stage, showing that the job creation requirement has been met or is being met within the statutory framework
Regional Center Investment or Direct / Standalone Investment?
EB-5 applications can be structured through an investment linked to a Regional Center or through the investor's direct / standalone investment model. These two routes differ significantly in terms of project structure, application form, proof of employment and the investor's role in the enterprise.
Regional Center Investment
The investment is made in a qualifying project linked to a Regional Center designated by USCIS. The investor's application is carried out through Form I-526E, and the institutional documents regarding the project's immigration eligibility are an important part of the file.
Direct / Standalone Investment
The investor invests directly in a qualifying new commercial enterprise, and the application is carried out through Form I-526. The business structure, the use of the investment and the direct job creation plan are assessed in detail.
The choice of a Regional Center or participation in a specific investment project involves not only immigration eligibility but also commercial and investment risk. Canaydın Law Firm does not guarantee an investment return for any particular fund, project or security, and does not provide investment advice.
Reserved Visa Categories
Under the EB-5 Reform and Integrity Act, a certain number of EB-5 visas are set aside each fiscal year for some investment categories. These reserves are a visa allocation system separate from the investment amount, and visa availability for the investor's file must be assessed separately.
- 20% for rural area investments
- 10% for high unemployment area investments
- 2% for qualifying infrastructure projects
Visa quotas may vary according to the applicant's country of birth, priority date and the demand in the relevant fiscal year. For this reason, the current Visa Bulletin and category availability are checked separately in the application strategy.
Source of Funds and Money Transfer Chain
In an EB-5 file, having the investment amount is not sufficient on its own. The investor must be able to document that the capital was obtained lawfully and the path the funds followed from the source to the new commercial enterprise in the U.S. The source of funds analysis is tailored to each applicant's financial history.
The source of funds and transfer chain is one of the most document-intensive areas of a U.S. immigration file. It is important that the bank, company, title deed, tax, inheritance and other official documents issued in Türkiye are prepared consistently with one another.
Investment at Commercial Risk
EB-5 capital must be genuinely invested in the qualifying commercial enterprise and be at commercial risk. Holding the investment merely in a bank account, or structuring it in a way that provides the investor with an unconditional return of principal on a certain date, must be assessed separately under the EB-5 requirements.
EB-5 Application Process
- 01
Assessment of Eligibility and Investment Model
The applicant's family structure, investment budget, source of funds, goal in the U.S. and the Regional Center / standalone investment options are taken into the preliminary assessment.
- 02
Preparation of the Source of Funds File
The lawful source, ownership and transfer chain of the investment capital are structured with bank, company, tax, title deed, inheritance or other relevant documents.
- 03
Review of Investment and Project Documents
The investment agreements, the project / enterprise structure, the employment model and the institutional documents underlying the EB-5 file are reviewed together with an authorized attorney in the U.S.
- 04
I-526 or I-526E Application
The USCIS application, through Form I-526 for a direct / standalone investment and Form I-526E for a Regional Center investment, is prepared and carried out with an authorized immigration attorney in the U.S.
- 05
Immigrant Visa or Adjustment of Status Stage
Following the USCIS petition and within the framework of visa availability, the file proceeds, depending on the applicant's location and status, to the NVC / consular immigrant visa process or, where appropriate, to the adjustment of status process within the U.S.
- 06
Conditional Permanent Residence
The main investor and the eligible spouse and children obtain two-year conditional permanent resident status after the necessary approvals.
- 07
Removal of Conditions with I-829
In the statutory filing period before the second anniversary of conditional permanent residence, a Form I-829 file showing that the investment and employment requirements have been met is prepared, and removal of the conditions is requested.
Consular Process and Green Card
For investors living outside the U.S., after USCIS approval and once a visa number becomes available, the file may proceed to the immigrant visa stage through the National Visa Center and the relevant U.S. Embassy / Consulate. The applicant's country of residence, residence status, country of birth and visa quota may affect the process.
Conditional Green Card and I-829
Under EB-5, the investor and eligible family members first obtain two-year conditional permanent resident status. To remove the conditions, the investor must show with Form I-829 that the investment and employment requirements have been met. Under the general rule in the law, the I-829 is submitted in the 90-day period before the second anniversary of conditional permanent residence.
- Review of the documents showing that the investment has been maintained for the required period
- Showing the job creation results with the project / enterprise documents
- Joint assessment of the statuses of the main investor and derivative family members
- Preparation and follow-up of the I-829 stage with an authorized immigration attorney in the U.S.
Spouse and Children
The spouse of the EB-5 main investor and unmarried children under the age of 21 may be included in the process as derivatives of the main investor, within the eligibility requirements of the immigration legislation. The children's age status and the effect of visa waiting times must be assessed separately at the start of the application.
- Preparation of the spouse's derivative immigration file
- Assessment of the eligibility of unmarried children under the age of 21
- Preparation of birth, marriage and marital status documents for the file
- Coordination of the family members' consular or adjustment of status procedures with the main file
What We Do for You
01
EB-5 Preliminary Eligibility Review
The investor's fund structure, family situation, investment model and immigration goal are taken into a preliminary assessment within the EB-5 framework.
02
Source of Funds and Transfer Chain File
Bank, company, title deed, tax, inheritance, gift and income documents in Türkiye and other countries are structured so as to show the lawful source of the investment capital.
03
Immigration Review of Investment / Project Documents
Regional Center or standalone investment documents are assessed together with an authorized attorney in the U.S. with regard to the investment and employment elements required by the EB-5 application.
04
I-526 / I-526E Application Coordination
The USCIS petition and supporting file suited to the type of application are prepared with an authorized immigration attorney in the U.S., and the process is coordinated.
05
NVC, Consular or Adjustment of Status Process
The next immigration stage is planned together with the U.S. attorney according to the investor's location, current status and visa availability.
06
Spouse and Child Files
The immigration documents of the main investor's eligible spouse and children are prepared in line with the main file.
07
I-829 Removal of Conditions
After the Conditional Green Card, the I-829 process showing the investment and employment requirements is coordinated with an authorized attorney in the U.S.
Coordination with Authorized Attorneys and Investment Professionals in the U.S.
FAQ
Frequently Asked Questions
Are U.S. E-1, E-2 and EB-5 the same program?
No. E-1 is a treaty trader visa, E-2 is a treaty investor visa, and EB-5 is an immigrant investor program tied to investment and employment requirements. Their application structures and legal requirements differ from one another.