For an immigrant investor hoping to obtain a Green Card through the EB-5 program, the path begins with choosing an investment project and then filing Form I-526, the Immigration Petition by Alien Investor. The I-526 petition must show that the immigrant has invested or is in the process of investing the required capital.

The required investment is $1.8 million, or $900,000 if the project is located in a Targeted Employment Area (TEA). The investment capital must go into a New Commercial Enterprise (NCE). An NCE is any U.S. for-profit enterprise established after November 29, 1990. When investing in the EB-5 Regional Center Program, the NCE is the fund in which the immigrant invests. In general, the fund will take the form of either a Limited Liability Company (LLC) or Limited Partnership (LP).

The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.