In 1990, Congress created the USCIS Immigrant Investor Visa Program (the EB-5 program), also known as the Employment-Based Fifth Preference Program. The EB-5 program was created under 203(b)(5) of the Immigration and Nationality Act (INA) in 1990, Public Law 101-649, Section 121(a), to stimulate the U.S. economy through job creation and capital investment by foreign investors.
Through the EB-5 program, foreign investors have the opportunity to obtain lawful, permanent residency in the U.S. for themselves, their spouses, and their minor unmarried children by making a certain level of capital investment and associated job creation or preservation.