The Investor (EB-5) Visa allows qualified individuals to obtain permanent residence status upon investing in a commercial enterprise in the United States. To be eligible under this category, the applicant must have invested or be in the process of investing the required amount of capital into a commercial enterprise.

Each year, the USCIS make available 10,000 Immigrant Visas under this category, 5,000 of which are set aside for those who apply under the Immigrant Investor Pilot Program involving an USCIS-designated "Regional Center".
 
A "Regional Center" is one which:
 Is an entity, organization or agency that has been approved as such by the USCIS;
 Focuses on a specific geographic area within the United States; and
 Seeks to promote economic growth through increased export sales, improved regional
productivity, creation of new jobs, and increased domestic capital investment.
 
Eligible investors include those who:
 Establish a new commercial enterprise by:
- Creating an original business;
- Purchasing an existing business and simultaneously or subsequently restructuring or
reorganizing the business such that a new commercial enterprise results; or ;
- Expanding an existing business by 140% percent of the pre-investment number of jobs
or net worth, or retaining all existing jobs in a troubled business; and
 Who have invested, or are actively in the process of investing, in a new commercial
enterprise:
- At least $1,000,000; or
- At least $500,000 where the investment is being made in a targeted employment
area; and
 Whose engagement in a new commercial enterprise will benefit the U.S. economy and:
- Create full-time employment for not fewer than 10 qualified individuals; or
- Maintain the number of existing employees at no less than the pre-investment level
for a period of at least 2 years, where the capital investment is being made in a troubled
business.
 
A targeted business is a business that has been in existence for at least 2 years and that has lost 20% of its net worth over the past 12 to 24 months, and a targeted employment area is an area which has experienced unemployment of at least 150% of the national average rate or a rural area as designated by the Office of Management and Budget.

The applicant must be able to provide documentation which clearly demonstrates the applicant's investment in the commercial enterprise, such as proof the investment comes from a lawful source of funds.

Once the EB-5 Visa is granted, the investor will be allowed to enter the U.S. as a conditional permanent resident for 2 years after which time they may apply to remove the conditional status.