The EB-5 investor immigration program allows investors and their families to obtain U.S. permanent residence by lawfully investing a qualifying amount in a U.S. business and creating at least 10 jobs in the United States. Unlike employment-based immigration, it does not require a U.S. employer sponsor and is based on the applicant's own capital investment.
EB-5 grants U.S. green cards to an investor, their spouse, and unmarried children under 21 when the investment creates 10 full-time jobs for U.S. workers. Under the EB-5 Reform and Integrity Act of 2022 (RIA), the minimum investment is USD 800,000 for a project in a Targeted Employment Area (TEA) and USD 1,050,000 elsewhere, with no education, career, age, or English requirement. DaeYang Immigration Law Group runs project due diligence, source-of-funds documentation, and the I-526E and I-829 petitions with its in-house U.S. attorney.
The EB-5 investor immigration program allows investors and their families to obtain U.S. permanent residence by lawfully investing a qualifying amount in a U.S. business and creating at least 10 jobs in the United States. Unlike employment-based immigration, it does not require a U.S. employer sponsor and is based on the applicant's own capital investment.
The minimum EB-5 investment amount varies by location: 1) Standard areas: USD $1,050,000 2) TEA-designated areas, including high-unemployment or rural areas: USD $800,000 The investment must be made into a New Commercial Enterprise.
After the investment is completed and the I-526E (or I-526) petition is approved, the permanent residence process begins. Investors first receive a two-year conditional green card, and the conditions are removed at the two-year mark once investment maintenance and creation of 10 jobs are proven.
※ 기준일: 2026-08-28 · 출처: USCIS · EB-5 Reform and Integrity Act of 2022
A Regional Center is an EB-5 project operating entity designated and supervised by USCIS to promote economic growth and job creation in a specific region. By investing through a Regional Center project, the EB-5 requirement of 10 jobs per investor can include not only direct jobs but also indirect and induced jobs, making it the most widely used structure in practice.
Since the 2022 Reform and Integrity Act (RIA), the Regional Center program has been reauthorized with significantly strengthened disclosure, oversight, and compliance requirements. Most EB-5 programs pursued from Korea are selected and processed through Regional Center projects.
Under immigration law, EB-5 capital must be at-risk capital, so principal repayment cannot be guaranteed.
For that reason, it is essential to review the project structure, collateral and repayment plan, and the track record of the developer and operator from both immigration and investment perspectives.
Every EB-5 project introduced by DaeYang Immigration Law Group is presented only after thorough review by experts.
DaeYang Exclusive service
One-Stop Management by a Dedicated EB-5 Team
DaeYang's dedicated EB-5 team manages the entire process systematically, from project suitability review and source-of-funds planning through I-526E and I-829.
Source-of-Funds and Project Risk Analysis
We structure the documentation for complex source-of-funds requirements and review the structure and key risks of Regional Center projects from multiple angles.
Project Review Centered on Capital Recovery Potential
Because EB-5 investments must remain at risk, repayment of principal cannot be guaranteed. We rigorously review business viability, financial structure, and repayment structure to maximize the potential for recovering the investment.
Integrated Korea-U.S. Tax Advisory
In partnership with Global Tax Group DaeYang, an affiliate within our group, we review both U.S. and Korean tax issues and support the tax services required throughout the investment and relocation process.
Advance Review of Domestic Tax Risks
Specialists with National Tax Service audit experience review, in advance, any domestic tax issues that may arise in the accumulation and transfer of funds.
Education and Admissions Consulting for Accompanying Children
Harvard-educated education and admissions specialists at our affiliate provide tailored premium consulting for accompanying children, from U.S. school placement through university admission.
Since the RIA, I-526E adjudication has been faster in some cases than in the past, but the total time to permanent residence still depends on I-526E processing, visa availability, and the NVC/consular or adjustment-of-status process.
You may live and relocate freely anywhere in the United States.
Children can benefit from free public education, reduced tuition costs, easier employment opportunities, and expanded access to medical and dental schools after obtaining permanent residence.
There are no qualification requirements for the investor's education, career, age, or English ability.
EB-5 capital must remain at-risk under immigration law, so principal repayment cannot be guaranteed; DaeYang works to reduce that risk through careful review of project viability, financial structure, collateral, and repayment plans.
An EB-5 investment must be made into a new, ongoing, for-profit business in the United States. There are no restrictions on the operating business structure, which may include sole proprietorships, partnerships, corporations, joint ventures, or holding companies.
The EB-5 investment amount is USD $1,050,000 for direct investments. For most Korean EB-5 investors investing in high-unemployment Targeted Employment Areas (TEA), the amount is USD $800,000.
Under current EB-5 rules, a TEA is either a Rural Area or a High Unemployment Area (HUA). A Rural Area generally must be outside a Metropolitan Statistical Area (MSA) and outside the outer boundary of any city or town with a population of 20,000 or more. An HUA is an area where the weighted average unemployment rate of the relevant census tract(s) is at least 150% of the national average, as determined under USCIS criteria.
Eligible assets can include almost all tangible assets such as cash, equipment, products, and securities. Assets jointly owned with a third party other than a spouse are excluded. Bank loans may be used, but loans secured by the new U.S. business are not eligible. Source-of-funds documentation is a critical part of the EB-5 process, and DaeYang's source-of-funds specialists help clients quickly identify and document lawful sources of funds before proceeding.
A direct EB-5 investment must create 10 full-time jobs directly employed by the investor's business, but Regional Center projects — which most Korean investors use — may count indirect and induced jobs through an economic model, making the requirement easier to meet. Job creation is reviewed when the petition to remove conditions (Form I-829) is filed, generally within the 90 days immediately before the second anniversary of conditional permanent residence. For direct investments, employees must already hold lawful employment status regardless of the investor's business at the time of hiring. The investor's family members and nonimmigrant visa holders such as E-2 or H-1 visa holders are not counted.
Investment capital must be lawful funds obtained through proper procedures, and the investor must prove that the funds were acquired through lawful business, salary, investment returns, gifts, inheritance, or other lawful means.
EB-5 investments must satisfy the immigration law requirement of at-risk capital, so repayment of principal cannot be guaranteed. However, DaeYang's dedicated EB-5 team can maximize the potential for capital recovery by proceeding with projects that have been thoroughly analyzed and reviewed for structure, repayment plan, developer track record, and job creation feasibility.
To remove the conditions on conditional permanent residence, the investor must prove that sufficient investment was made in the business, either USD $1,050,000 in a standard area or USD $800,000 in a TEA, and that the requirements for removal of conditions have been satisfied. This includes not only the investment amount but also job creation, so the employment requirements must be carefully reviewed. Whether the business can continue in the future may also be considered in the removal of conditions.
Under the EB-5 Reform and Integrity Act of 2022 (RIA), the minimum investment is USD 800,000 for projects in a Targeted Employment Area (TEA) and USD 1,050,000 elsewhere. Project administrative fees and legal fees apply separately.
Yes. The principal applicant’s spouse and unmarried children under 21 receive green cards together. A child’s age can be partially protected under the Child Status Protection Act (CSPA), so filing strategy matters when a child is close to turning 21.
The investment must create 10 full-time jobs for U.S. workers. Regional center projects may count indirect and induced jobs through economic modeling, making the requirement easier to meet than direct investment.
Yes. Since the RIA, applicants lawfully present in the U.S. who are eligible for adjustment of status and for whom a visa number is immediately available in their EB-5 category can file the I-526E petition and adjustment of status (I-485) concurrently, and obtain work authorization (EAD) and travel permission while the petition is pending.
Repayment follows the project’s loan repayment structure and the removal of conditions (I-829) timeline; return of principal is not legally guaranteed. That is why due diligence on repayment track record and collateral structure is critical.
DaeYang provides one-stop support with U.S. immigration attorneys: project due diligence and selection, source-of-funds documentation, and the I-526E and I-829 petitions.
Yes. DaeYang’s in-house U.S. attorney personally reviews the I-526E petition and supporting evidence and serves as attorney of record. Rather than simply handing the case off to outside counsel, DaeYang’s dedicated EB-5 team and attorney manage the entire process together — from consultation and source-of-funds review to I-526E filing and USCIS response.
