The EB-5 program allows a foreign national to obtain U.S. permanent residence through qualifying investment. Under current thresholds, that means $800,000 in a Targeted Employment Area or $1,050,000 for a standard project, in a business that creates at least 10 full-time jobs. Investors may proceed directly, through their own business, or through a regional center project. Both paths begin with a conditional green card and convert to permanent residence once the job creation and investment maintenance requirements are satisfied.

USCIS decides whether a petition succeeds, based on strict statutory requirements under the EB-5 Reform and Integrity Act: a documented lawful source of funds, proper filings, correct timing, and overall eligibility. Before committing funds, an investor should have clear answers on several points: whether the source of funds will withstand USCIS scrutiny, whether anything in the investor’s business or immigration history could delay or jeopardize approval, which pathway best fits the family’s timeline, and what current approval rates and processing times actually look like.

Getting experienced immigration legal counsel is critical. By the time a source of funds issue or an eligibility problem surfaces, correcting course at a legal stage of the process costs far more than getting it right at the outset. Drumm Immigration Law evaluates source of funds documentation and assesses whether it will hold up under USCIS review, and identifies risk in an investor’s history before capital is committed. The firm advises on regional centers based on their track record with USCIS, drawing on familiarity with how these projects have actually performed in the immigration context, coordinates with financial and tax advisors as needed, and prepares the EB-5 petition itself along with the subsequent (or concurrent) adjustment of status or consular processing application.

Drumm Immigration Law provides attorney-led EB-5 legal strategy focused entirely on immigration compliance and petition approval. The firm does not promote projects, receive referral fees from regional centers, or provide investment advice.

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