You want a U.S. EB-5 visa through investment. Here is how the EB-5 program works.

The EB-5 Immigrant Investor Program provides a direct pathway to a U.S. EB-5 visa for foreign investors who invest $800,000 (TEA) or $1,050,000 (non-TEA) in a qualifying U.S. business that creates at least 10 full-time jobs. No employer sponsorship, language requirement, or business experience is needed.

Overview

The EB-5 Immigrant Investor Program provides a direct pathway to a U.S. EB-5 visa for foreign investors who invest $800,000 (TEA) or $1,050,000 (non-TEA) in a qualifying U.S. business that creates at least 10 full-time jobs. No employer sponsorship, language requirement, or business experience is needed.

This page provides detailed legal information about eb-5 investor visa program overview as it applies to permanent residents in the United States. Understanding the requirements, deadlines, and procedures ensures your immigration status remains secure. All content is authored by Jayson Elliott, J.D., a California-licensed attorney, and is current as of April 2026.

Renewal and replacement of permanent-resident cards go through USCIS. For most cases the procedure is straightforward; complications are concentrated in cases with criminal history, conditional status, lost or stolen cards, or pending naturalization. Understanding the procedural requirements and timing helps prevent processing delays and protects your underlying status.

What to do about eb-5 investor visa program overview

Your Rights Under California Law

Permanent residents have substantial rights under federal law.

Right to continued status

Your status as a permanent resident does not lapse with your card. The card is documentation of LPR status; the status itself is not on the card. Status ends only when it’s formally taken — abandonment, removal, or rescission.

Right to work

An expired EB-5 visa with a valid I-90 receipt notice remains acceptable proof of employment authorization. Employers cannot require reverification or refuse to accept this documentation.

Right to travel

Travel and reentry are available with an expired green card plus the I-90 receipt notice. For absences exceeding one year, file Form I-131 before leaving to obtain a reentry permit and protect status.

How California Law Applies

Renewal is authorized by the Immigration and Nationality Act and operationalized through 8 CFR § 264.5. USCIS evaluates Form I-90 filings on identity, prior permanent-resident status, and any disqualifying issues.

The receipt extension grew to 36 months on September 10, 2024, replacing earlier 24-month and 12-month extensions. It applies to all properly filed I-90 renewals and lets applicants continue working and traveling during the renewal window.

Separate rules apply to conditional permanent residents. INA § 216 governs marriage-based conditional status; INA § 216A applies to investor-based status. Both require a petition to remove conditions inside the 90-day window before expiration.

The Legal Process

To start a renewal, file Form I-90 either online via uscis.gov or by mail to the Phoenix lockbox. USCIS issues an I-797C receipt notice confirming acceptance; that notice serves as proof of status during the renewal window.

Processing typically runs 8 to 14 months depending on USCIS workload and the assigned service center. Premium processing isn’t offered for Form I-90. Applicants can track case status online using the receipt number.

What Documentation Matters

Key documents for EB-5 investment include:

• Current or expired EB-5 visa — Front and back copy. If lost, submit a police report or written explanation.
• Government-issued photo ID — Passport, driver’s license, or state ID with name, date of birth, photo, and signature.
• Filing fee — $415 online or $465 by mail. Fee waivers available with Form I-912.
• Name change evidence — If applicable: marriage certificate, divorce decree, or court order with certified English translation if in a foreign language.
• Form I-797C receipt notice — After filing, save this document. It extends your card’s validity for 36 months.

Frequently Asked Questions