The Immigration Act of 1990 created the Immigration Investor Program (or EB-5) as the fifth of five preference categories for employment-based immigration applications. This was the first time a category specifically facilitated the admission of investors as lawful permanent residents. EB-5 is available to those individuals who have invested, or are in the process of investing, at least $1 million in a new commercial enterprise employing at least 10 full-time U.S. workers. The purpose of EB-5 is to stimulate job-creating investment by offering to investor immigrants the benefits of permanent residence in the United States .

EB-5 candidates do not need investment experience or any specific technical skills. The three requirements for EB-5 status are: investment in a new commercial enterprise; investment of at least $1 million (or $500,000 in certain cases) into the business; and creation of full-time employment for at least 10 full-time US workers.

The minimum investment is reduced to $500,000 in cases of investment in "targeted employment areas," - rural areas and/or areas with high unemployment. For investment in a designated "Regional Center Program", investors do not need to directly employ 10 U.S. workers. They need only demonstrate that the investment has indirectly created 10 or more jobs and has resulted in improved regional productivity.

There are approximately 10,000 visa numbers allocated annually to EB-5 investors. However, participation in the investor program has been far below capacity. Recently, USCIS has made efforts to encourage more investors to apply for EB-5 permanent residence.

EB-5 offers an ideal immigration solution for those who have the financial resources. It does not require an employment offer from a U.S. employer as other EB categories do, nor does it require a labor certificate. Investors participating in a "Regional Center Program" do not even need to be involved in the daily operation of their business. Most importantly, because the annual quota consistently exceeds the number of applicants, those who qualify for EB-5 status are virtually assured of a visa.