There has been recent news of a “golden visa” for wealthy investors. This type of visa was proposed by President Trump in March 2025, and is currently being discussed as part of revamping immigration policy. Currently, the United States has the EB-5 visa program, which is sometimes referred to as a “golden visa”
So, technically yes, the United States does offer a Golden Visa with the EB-5 Immigrant Investor Program. This program allows foreign investors and their families to obtain U.S. residency by investing a minimum of $800,000 in an approved commercial enterprise in the United States, which must create or preserve at least 10 job opportunities.
The EB-5 visa is a pathway to a Green Card, providing the holder with the right to live, work, study, and receive healthcare in the United States.
The application process for an EB-5 Visa involves submitting the required documents and going through an interview at the U.S. Embassy. The processing time for obtaining an EB-5 Visa is typically 13 months, but it could be longer or shorter depending on the specific circumstances.
What are the requirements for the US EB-5 visa?
The EB-5 Immigrant Investor Program is a U.S. visa program that allows foreign investors and their families to obtain U.S. residency by investing a minimum of $800,000 (see below) in an approved commercial enterprise in the United States, which must create or preserve at least 10 jobs.
The primary requirement for obtaining an EB-5 visa is therefore the creation of at least 10 full-time jobs for American workers. This investment has to be sustained for a period of now less than two years.
The investment can be made in a new commercial enterprise or in a regional center, which is a U.S. government-approved investment vehicle that allows for passive investment. The minimum investment amount is generally USD 1.05 million, but a smaller investment of USD 800,000 may also be sufficient if the investment is made in a rural or high-unemployment area.
The investor does not need to fulfill any special personal requirements, but must prove that the funds being invested were legally acquired. The processing time for the EB-5 petition is currently approximately 48.5 months.
Upon fulfilling the requirements, the investor, their spouse, and their children under the age of 18 may apply for naturalization and become American citizens.
What is the difference between the $1,050,000 and $800,000 investment options for an EB-5 visa?
The difference between the $1,050,000 and $800,000 investment options for an EB-5 visa is based on the location of the investment. The higher investment amount of $1,050,000 is required for investments made outside of Targeted Employment Areas (TEAs), which are areas with high unemployment rates or rural areas. On the other hand, the lower investment amount of $800,000 is available for investments made in TEAs, which are designed to promote economic development in areas that need it the most.
The TEA designation is determined by the state government, and the minimum investment amount in a TEA is lower due to the economic conditions of the area.
Both investment options require the creation or preservation of at least 10 full-time jobs for qualified U.S. workers, and the investment must be sustained for at least two years.
The EB-5 program is, therefore, a relatively easy way for foreign investors to obtain U.S. residency and eventually citizenship because the investment options have been specifically designed to provide flexibility for investors while promoting economic growth in the United States.
For how long is an EB-5 visa valid and how does one renew it?
An EB-5 visa is initially granted as a conditional green card, which is valid for two years. After this period, investors must file Form I-829 to remove the conditions on their permanent residency. If approved, the investor receives a permanent green card, which is valid for 10 years. To renew the permanent green card, investors must file Form I-90 before it expires, providing biometrics and a new photograph.
This renewal process ensures continued lawful permanent resident status without the need to reapply through the EB-5 program.
What are the risks of investing in a targeted employment area (TEA) for an EB-5 visa?
Investing in a Targeted Employment Area (TEA) for an EB-5 visa carries certain risks that investors should be aware of. The primary risks include the potential loss of the invested capital if the project developer misuses the funds and the possibility of not obtaining a green card if the project fails to create the required number of jobs.
Additionally, the Reform and Integrity Act (RIA) of 2022 has resulted in historically low adjudication rates for applications in the I-526/I-526E and I-829 stages, leading to unprecedented backlogs in processing.
Investors should consider from where they apply for the EB-5 project they select, as the adjudication process may be faster if they are on US soil with a nonimmigrant visa and can file for concurrent adjudication of I-526E, I-485, I-131, and I-765.
Investors from countries such as Vietnam, India, or mainland China should also consider choosing projects from one of the various set-aside categories, such as TEA, Rural, or infrastructure.
EB-5 projects are subject to the same market risks as any other investment, and investors should conduct thorough due diligence and work with reputable service providers to mitigate these risks.
It is also essential to remember that EB-5 investments are not guaranteed, and investors should only invest funds they can afford to lose.
EB-5 investors should also keep in mind the job creation requirements of the program and ensure that the project they invest in will create the required number of jobs for the minimum required period. The safest projects are those that have already created more than enough jobs to accommodate all potential EB-5 investors.
It should be clear at this stage that investing in a TEA for an EB-5 visa carries certain risks, including the potential loss of the invested capital and the possibility of not obtaining a green card if the project does not manage to create the necessary number of jobs.
Investors should, therefore, make sure that they conduct thorough due diligence before the time, only work with reputable service providers, and do not invest funds they can not afford to lose if things do not go according to plan.
Can I apply for an ESTA, start a business in the US, and once it is up and running apply for an EB-5 visa?
While it is indeed possible to start a business in the U.S. as a foreign national on a B-1 Business Visitor Visa or ESTA Business Visitor Visa Waiver, there are certain very important restrictions. You can set up and own a business while on B-1/ESTA status, but you cannot manage the business or be an officer of the company, such as a CEO. You are, therefore, not allowed to take part in the day-to-day running of the business.
If you want to start a business and manage it, you may consider other visa options such as the E-2 Treaty Investor Visa or the EB-5 Immigrant Investor Program discussed above.
The E-2 Treaty Investor Visa is a non-immigrant visa that allows foreign nationals from countries with an E-2 treaty with the U.S. to enter and manage a business they have invested in. The investment must be substantial, and the applicant must have at least 50% ownership of the business or operational control through a managerial position.
For more info about the EB-5 Immigrant Investor Program see the relevant section earlier on in this article.
We can’t emphasize enough that starting a business in the United States as a foreign national can be a relatively complicated process, which is why we recommend that readers consult with an experienced immigration attorney to help them determine the best visa option for your specific circumstances.
What are the benefits of applying for an ESTA before applying for an EB-5 visa?
One of the biggest benefits of applying for an ESTA before applying for an EB-5 visa is that it will give you the ability to enter the United States temporarily for business or tourism purposes while awaiting the approval of the EB-5 visa.
This can be particularly useful for someone who needs to visit the U.S. for business purposes or to meet with potential investors. Additionally, if the EB-5 petition is denied, the individual can still remain in the U.S. on their ESTA until it expires.
It is, however, important to note that entering the U.S. on an ESTA while an EB-5 petition is pending may raise questions from immigration officials about your intent to immigrate permanently. It is recommended to be honest and transparent about your plans to start a business when entering the U.S. on an ESTA while awaiting an EB-5 visa.
For how long is an ESTA valid?
An ESTA is valid for two years or until the expiration of the traveler’s passport, whichever comes first. During this time, travelers can stay in the United States for up to 90 days at a time.
The ESTA processing time is typically fast, with most applications being approved within a few hours. It can, however, take up to 72 hours or even longer, particularly in cases where the US authorities (Customs and Border Protection) require additional information or documentation.