EB-5 pathway.

Washington State does not manage the program. Rather, EB-5  is a federal program administered by the U.S. Citizen and Immigration Services (USCIS).  Four regional centers have been approved by USCIS to do business in Washington and these centers offer a variety of services geared specifically to the immigrant investor.

Benefits of the EB-5 program include the ability for you, your spouse and family members under 21 to work in the U.S. and attend school. You are free to travel to and from your home country with no restrictions.

Application Process


1. File Form I-526, Immigrant Petition by Standalone Investor, or Form I-526E, Immigrant Petition by Regional Center Investor.

If an immigrant visa is immediately available to you, you may file Form I-485, Application to Register Permanent Residence or Adjust Status, together with your Form I-526 or Form I-526E, while your Form I-526 or Form I-526E is pending, or after your Form I-526 or Form I-526E is approved. To make sure that an immigrant visa is immediately available to you when you file your Form I-485, see the Visa Availability and Priority Dates and Adjustment of Status Filing Charts from the Visa Bulletin pages on USCIS website as well as the Visa Bulletin.


2. After Form I-526 or Form I-526E petition is approved, either:

      • File DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State to obtain an EB-5 visa abroad to seek admission to the United States; or
      • File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS (if you did not already file Form I-485 prior to Form I-526 or Form I-526E approval) to adjust status to a conditional permanent resident within the United States. Once the USCIS approves your Form I-485 application or upon admission into the United States with an EB-5 immigrant visa, you will be granted conditional permanent residence as an EB-5 investor and your derivative family members for a two-year period.

3. File Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period immediately before the second anniversary of your adjustment of status or admission to the United States as a conditional permanent resident.


4. If USCIS approves this petition, conditions from your lawful permanent resident status and from that of any dependents you included will be removed.


EB-5 is a federal program. As such, Washington State plays no role in vetting or administering projects that are managed by privately owned and operated regional centers in the state, nor do we control or monitor statements made by regional center operators when discussing their investments. As with any investment, performing due diligence is an essential part of the investment process and is the responsibility of the individual investors and their legal counsel.

Although bonds issued by Washington are backed by the full faith and credit of the state, Washington State does not guarantee, financially back or otherwise single out any investment made through the EB-5 program.

The Washington State Department of Commerce does not provide any assistance with EB-5 applications, processes or procedures. To facilitate your application, please contact an EB-5 program of your choice directly.

Requirements and Documentation

To make your application go as smoothly as possible, you will need to make sure you meet the following requirements and document it properly.


You must create at least 10 new permanent employment jobs for American workers, either directly or indirectly.

The minimum investment requirement to qualify under the EB-5 program is $1,050,000. The investment requirement is reduced to $800,000, however, if the investment is made in a qualifying infrastructure project or targeted employment area (TEA).

Eligible capital means cash and all real, personal, or mixed tangible assets owned and controlled by the immigrant investor. All capital will be valued at fair-market value in U.S. dollars.

The definition of capital does not include:

  • Assets acquired, directly or indirectly, by unlawful means (such as criminal activities);
  • Capital invested in exchange for a note, bond, convertible debt, obligation, or any other debt arrangement between the immigrant investor and the new commercial enterprise;
  • Capital invested with a guaranteed rate of return on the amount invested; or
  • Capital invested that is subject to any agreement between the immigrant investor and the new commercial enterprise that provides the immigrant investor with a contractual right to repayment, except that the new commercial enterprise may have a buy back option that may be exercised solely at the discretion of the new commercial enterprise.

Note: Immigrant investors must establish that they are the legal owner of the capital invested. Capital can include their promise to pay (a promissory note) in certain circumstances.

If you are working with a regional center you may be required to provide additional information, including completing a consulting and subscription agreement, a private placement memorandum, escrow agreement, a waiver of conflict, bank statements and confirmation of funds transfer from your bank.