Mona Shah, Esq. and Sam Bayat, Esq., leading experts in investment migration, highlight the EB-5 Immigrant Investor Program as a proven path to US residency, even amid changing immigration policies.
By Bayat Group
In decades of helping clients navigate residency and citizenship by investment, both lawyers have witnessed how immigration policies change in line with political, economic, and security priorities. These shifts are happening worldwide, but nowadays they are especially noticeable in the United States.
Under Trump’s second presidency, US immigration is being overhauled. Long-standing visa routes now face stricter rules and new barriers. The H-1B visa program, once a reliable path for skilled professionals, now comes with higher wage thresholds, tighter quotas, and even a new $100,000 fee for new petitions. At the same time, the administration has floated a proposal for a “Trump Gold Card” residency program. This program, still only an idea, would grant Green Cards to those contributing to the U.S. economy. Earlier, the administration suggested a $5 million investment threshold, though discussions have considered a possible $1 million level. These developments show that US immigration is becoming more selective, with entry increasingly favouring candidates who can make meaningful economic contributions.
Against this backdrop of uncertainty and untested proposals, the EB-5 Immigrant Investor Program continues to stand out as a proven path. Firmly established in US law, backed by decades of practice, and aligned with America’s priorities of job creation and economic growth, EB-5 is authorised through September 2027 under the EB-5 Reform and Integrity Act (RIA) of 2022, giving investors a secure window to pursue US residency under current rules.
For high-net-worth families from Asia, the Middle East, and beyond, the American Dream remains the ultimate prize. Many parents, having witnessed the volatility of student or work visa processes, now ask: How can I guarantee my children the freedom to study and build their lives in the United States without constant uncertainty? For those ready to invest in their family’s long-term future, EB-5 offers the solution — a major US route aligned with the current Administration’s priorities.
The EB-5 program, created by Congress in 1990, was designed to attract foreign investment and create jobs for US workers. It offers a direct path to permanent residency for investors who meet requirements, including investing a minimum of $800,000 in a targeted employment area (TEA) such as rural regions, high-unemployment zones, or qualifying infrastructure projects; ensuring the capital is “at risk” for the purpose of generating return; and creating or preserving at least ten full-time jobs for American workers. Jobs can be created directly by the investor’s own project or when investing through a USCIS-approved regional center.
The process includes filing the I-526 petition with detailed documentation of funds. Upon approval, the investor receives a two-year conditional Green Card, followed by the I-829 petition to remove conditions once investment and job creation requirements are met. Investors and their families then enjoy permanent residency, with US citizenship possible within five years.
EB-5 has proven resilient through past US immigration changes. Each time visa rules tighten, the program remains strong because it directly supports America’s economic goals: creating jobs and channelling real investment into the country.
EB-5 offers significant advantages: no language tests or sponsorship requirements. Investors, spouses, and unmarried children under 21 can live, work, and study anywhere in the US, access resident tuition rates, freely change employers, and compete on equal terms with US students for university admission. For nationals from countries with long waits under other visas, EB-5 can be the fastest route to US residency.
However, simply filing an EB-5 petition does not guarantee success. The program is complex and nuanced. Success depends on choosing experienced legal counsel and a viable project—ideally one with Exemplar approval from the US government. The best investments are backed by strong development teams, sound financial structures, good locations, and secure collateral. Investors should avoid projects that promise unrealistic returns or downplay the importance of job creation.
In today’s climate, where other US visa options are narrowing, EB-5 remains a secure, congressionally protected path for investors making meaningful economic contributions. The EB-5 RIA of 2022 introduced safeguards against unscrupulous developers, though thorough due diligence remains essential. Note that the $800,000 investment threshold may apply only to applications filed before September 30, 2026.
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Join Bayat Group and partners for an exclusive seminar on the EB-5 Investor Visa Program and the VOCO Times Square investment opportunity. Learn how this landmark project can open the path to U.S. residency and citizenship for you and your family.
Dubai, UAE, Sheraton Mall of the Emirates, ‘Sapphire’ meeting room
October 24, 2025 for the registration: https://bayatgroup.com/lp/eb5-voco/
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