EB-5 Visa for Pakistani Nationals

What Is the EB-5 Visa?

The EB-5 immigrant investor visa program allows foreign nationals to obtain a US green card by making a qualifying investment in a new commercial enterprise that creates at least ten full-time jobs for US workers. It is the only US visa category that leads directly to permanent residence through investment, without requiring employer sponsorship or family connections.

For Pakistani investors, the EB-5 is one of three main US investment routes — the others being the E-2 treaty investor visa and the L-1 intracompany transferee visa. The EB-5 is the only one of the three that results in a green card.

Is EB-5 Suitable for Pakistani Investors?

The EB-5 programme is not the right answer for every Pakistani investor. Understanding where it fits — and where it does not — is the starting point for good advice.

EB-5 is well suited to Pakistani investors who:

• Have a primary goal of obtaining permanent US residence for themselves and their family
• Can commit $800,000 or more to a US EB-5 project on a locked-up basis for five or more years
• Do not need to actively manage a US business (regional center investments are largely passive)
• Have a clean, documentable source of funds from business, property, or investment income
• Are not eligible for or do not wish to pursue employer-sponsored immigration (EB-1, EB-2, EB-3)

EB-5 is less suited to Pakistani investors who want working rights in the US quickly, who need capital access within two to three years, or whose primary goal is to operate a US business. In those cases, the E-2 treaty investor visa or L-1 intracompany transferee visa may be a better fit — or the right strategy may combine an E-2 working arrangement with a simultaneous EB-5 green card investment. See our EB-5 Visa Lawyer for Pakistan page for how we advise on route selection.

2026 EB-5 Investment Amounts

The large majority of EB-5 investments are made in TEA projects at the $800,000 threshold. USCIS designates TEAs based on census data for unemployment levels and rural classification. Most regional center projects are structured within TEAs to offer investors the lower investment threshold.

No Backlog for Pakistani Nationals

The EB-5 visa category is subject to annual numerical limits per country of birth. When demand from a particular country exceeds the available visa numbers, a backlog develops and applicants must wait — sometimes for years — before their case can proceed to a green card interview.

India has been subject to severe EB-5 retrogression for several years. Pakistani nationals are in a very different position: there is currently no EB-5 retrogression for Pakistan. Visa numbers are immediately available. This means a Pakistani investor who files and is approved can proceed directly to consular processing or adjustment of status without a waiting period for a visa number to become available.

This is a material practical advantage. It is one reason why some Pakistani investors who have considered other pathways choose EB-5 — the timeline is predictable and the green card pathway is direct.

Direct Investment vs Regional Center

Direct EB-5 Investment

In a direct EB-5 investment, the investor makes the qualifying investment into a new commercial enterprise that the investor owns or is actively involved in managing. Job creation must be direct — the ten jobs must be full-time positions for qualifying US workers employed directly by the enterprise.

Regional Center EB-5

A USCIS-designated regional center is a third-party entity that pools EB-5 investor funds into a designated project. Job creation is calculated using economic models that include both direct and indirect jobs. Regional center investment is the more common EB-5 vehicle because it does not require the investor to manage the enterprise directly, and indirect job counting is generally easier to meet.

The regional center program was reauthorised and reformed under the EB-5 Reform and Integrity Act of 2022 and continues to operate in 2026.

EB-5 Risks Pakistani Investors Should Understand

The EB-5 programme offers a direct route to a US green card, but it carries risks that Pakistani investors should assess carefully before committing capital.

Project Failure Risk

Several EB-5 projects have failed in recent years — some through developer insolvency, others through mismanagement or fraud. When a project fails, investors may lose both their capital and their immigration status if the job creation requirements are not met by the time of the I-829 filing. Independent legal due diligence on any EB-5 project before investment is essential.

Long Capital Lock-Up

EB-5 capital must remain at risk in the project throughout the immigration process — from I-526E filing until I-829 approval. This period is typically five to seven years. Pakistani investors should not commit funds they may need access to within that window.

Source of Funds Documentation Failure

USCIS source of funds scrutiny is strict. If the origin or movement of invested capital cannot be fully traced through verifiable records, the I-526E petition will be denied. Pakistani investors with cash-based business income, undeclared assets, or incomplete banking records face heightened risk at this stage. Early legal advice is critical — see our EB-5 Lawyer for Pakistan guide for detail on how this is handled.

Legislative Uncertainty

The proposed US Gold Card programme (discussed at $5,000,000) has created uncertainty about the long-term future of the EB-5. As of April 2026, the EB-5 programme remains in full operation at the $800,000 TEA threshold. Davies & Associates monitors legislative developments and advises clients on timing implications.

Source of Funds from Pakistan

Source of funds documentation is one of the most scrutinised elements of any EB-5 petition — and for Pakistani investors, it is typically the most complex aspect of the case. USCIS requires a complete, traceable paper trail from the lawful origin of the funds through remittance via the State Bank of Pakistan to the US EB-5 project. Common sources include business income (supported by FBR tax records), property sales, long-term savings, and gifts from family members. For a full breakdown of how source of funds evidence is built for Pakistani investors — and how Davies & Associates manages this process — see our EB-5 Visa Lawyer for Pakistan guide.

EB-5 Process for Pakistani Investors

1. Select the investment. Choose a regional center project or direct investment vehicle, and complete due diligence on the enterprise and the offering documents.
2. Transfer and commit funds. Wire the qualifying investment to an escrow account or directly to the new commercial enterprise.
3. File Form I-526E. This is the immigrant petition that establishes the investor's eligibility and documents the investment. Current USCIS processing times for I-526E are approximately 12 to 24 months in 2026.
4. Consular processing or adjustment of status. After I-526E approval, the National Visa Center forwards the case to the US Embassy in Islamabad for an immigrant visa interview. Those already in the US may file for adjustment of status.
5. Conditional green card. A two-year conditional permanent residence is issued to the investor and qualifying family members.
6. File Form I-829. Within the 90-day window before the two-year conditional period expires, the investor files Form I-829 to remove conditions. This requires evidence that the investment was sustained and the job creation requirements were met.
7. Permanent green card. Upon approval of I-829, the investor and qualifying family members receive unconditional permanent residence.

Family Members Included

The EB-5 investor's spouse and unmarried children under 21 are included as derivative beneficiaries on the same petition. They receive conditional green cards alongside the principal investor and are included on the I-829 removal of conditions filing. No additional investment is required for family members.

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Frequently Asked Questions: EB-5 Visa for Pakistani Nationals