You want to run your own U.S. business. Direct EB-5 investment gives you full control.

Direct EB-5 investment involves investing in a new commercial enterprise that you establish or actively manage. Unlike regional center investment, all 10 required jobs must be direct W-2 employees. This path offers more control but requires active business management.

Overview

Direct EB-5 investment involves investing in a new commercial enterprise that you establish or actively manage. Unlike regional center investment, all 10 required jobs must be direct W-2 employees. This path offers more control but requires active business management.

This page provides detailed legal information about direct eb-5 investment as it applies to permanent residents in the United States. Understanding the requirements, deadlines, and procedures ensures your immigration status remains secure. All content is authored by Jayson Elliott, J.D., a California-licensed attorney, and is current as of April 2026.

USCIS is the agency that processes green-card renewal and replacement. While the typical filing is uncomplicated, certain situations — criminal records, conditional status, lost or stolen cards, or a parallel naturalization case — introduce complexity. Knowing the rules, expected timelines, and likely problem areas helps avoid delays and protects LPR status during processing.

What to do about direct eb-5 investment

Your Rights Under California Law

Permanent residents have substantial rights under federal law.

Right to continued status

Permanent-resident status does not expire when the card expires. The card serves as evidence of status, not the status itself. LPR status persists unless it is formally terminated — by abandonment, removal proceedings, or rescission.

Right to work

An expired EB-5 visa with a valid I-90 receipt notice remains acceptable proof of employment authorization. Employers cannot require reverification or refuse to accept this documentation.

Right to travel

International travel is possible with an expired card plus the receipt notice. For trips of more than a year, file Form I-131 (reentry permit) before leaving to protect LPR status.

How California Law Applies

The INA authorizes green-card renewal; implementing regulations are at 8 CFR § 264.5. USCIS adjudicates Form I-90 by verifying identity, prior LPR status, and reviewing for disqualifying factors.

USCIS extended the receipt notice validity to 36 months on September 10, 2024, superseding the 24-month and 12-month versions. The extended notice covers every properly filed I-90 renewal and supports continued work and travel through processing.

Marriage-based conditional residents (INA § 216) and investor-based conditional residents (INA § 216A) are governed by separate sections. Both require a petition to remove conditions filed in the 90-day window before the card’s expiration date.

The Legal Process

Form I-90 begins the renewal — file it online at uscis.gov or by mail to the Phoenix lockbox. USCIS’s I-797C receipt notice, issued on acceptance, serves as proof of LPR status while the case is pending.

Adjudication times for Form I-90 range from 8 to 14 months, varying with workload and service-center assignment. Premium processing isn’t available. Status can be checked online using the receipt number.

What Documentation Matters

Key documents for EB-5 investment include:

• Current or expired EB-5 visa — Front and back copy. If lost, submit a police report or written explanation.
• Government-issued photo ID — Passport, driver’s license, or state ID with name, date of birth, photo, and signature.
• Filing fee — $415 online or $465 by mail. Fee waivers available with Form I-912.
• Name change evidence — If applicable: marriage certificate, divorce decree, or court order with certified English translation if in a foreign language.
• Form I-797C receipt notice — After filing, save this document. It extends your card’s validity for 36 months.

Frequently Asked Questions