United States residency · EB-5

United States permanent residence, handled as a private-client mandate.

From the first fit assessment through removal of conditions, Kingsley remains the coordinating relationship. The objective is not simply to file a petition, but to manage the decisions around it, and to stay accountable for the process.

Residency is the first step in the Kingsley Next Generation Programme. It decides where a child can study, build a career and, in time, take responsibility for the family’s capital. The programme

A family sitting at a window looking out over the Manhattan skyline
What EB-5 is

An investment that creates jobs, and a status that lasts.

EB-5 is the fifth employment-based immigrant visa category in U.S. law. Congress created it in 1990 to attract capital into American businesses in exchange for permanent residence, and reshaped it in 2022 through the EB-5 Reform and Integrity Act, which set the current investment levels, introduced reserved visa categories, and put new oversight around the projects that receive investor capital.

In practice, most families invest through a designated regional center: an entity approved by U.S. Citizenship and Immigration Services (USCIS) to pool investor capital into a specific project and to count the jobs that project creates. The investment must be genuinely at risk, must be placed in a new commercial enterprise, and must create at least ten full-time U.S. jobs per investor. In return, an approved investor, their spouse and their unmarried children under 21 receive conditional permanent residence, which becomes unconditional once the job-creation requirement is shown to have been met.

Kingsley coordinates the complete workstream, from the initial family assessment through appropriately licensed independent immigration counsel and other specialist advisers selected according to the family's circumstances. Kingsley is not a law firm; the legal advice and every filing come from independent licensed attorneys. What Kingsley adds is the plan, the document control, the reporting and the continuity a family needs across a process that can take years.

A United States passport on a desk beside a notebook and a cup of coffee
Kingsley Private Office is not a law firm and does not provide immigration legal advice. Immigration legal services are provided by independent, licensed attorneys. What follows is a general description of the programme. Eligibility and strategy for any particular family are matters for licensed counsel.
The Kingsley Standard

High-touch EB-5 coordination, from first assessment to Form I-829.

A conventional immigration consultancy introduces a family to a lawyer and steps back. Kingsley stays. A senior relationship lead holds the whole workstream, licensed professionals are responsible for their disciplines, and parents receive one plan, one document room and a regular written account of where the case stands.

This is what a parent should expect from the moment an engagement begins to the day conditions are removed.

The Standard

  • One senior relationship lead throughout the mandate
  • Family immigration and timing roadmap, with responsibilities and critical dates
  • Source-of-funds planning and document coordination with counsel
  • Independent U.S. immigration counsel, selected according to the family's circumstances
  • Specialist project, legal and investment diligence coordination where appropriate
  • Pre-immigration tax coordination before filing
  • Central document control
  • Regular written status reporting and issue escalation
  • Consular processing or adjustment-of-status coordination
  • Relocation and landing coordination
  • I-829 removal-of-conditions follow-through

We remain the family's coordinating relationship.

Who it covers

One petition. Three generations of consequence.

A single EB-5 petition covers the principal investor and their immediate family. Each derivative family member receives the same status as the investor.

I

The investor

The person who makes the qualifying investment and files the petition. Either spouse may be the principal applicant; the choice is a matter of planning.

II

The spouse

The investor's husband or wife, included on the same petition and receiving permanent residence at the same time.

III

Unmarried children under 21

Each unmarried child under 21 is included. A child's age is assessed under specific statutory rules at defined points in the process, which is why the timing of filing matters for families with teenagers.

What changes for the child

Three things a green card changes for a family.

  • Study as a resident, not on a student visa

    A permanent resident applies to U.S. universities on the same footing as an American student, with no F-1 visa to secure, renew or protect, and no obligation to leave when the degree is finished. In many states, residents may also qualify for in-state tuition at public universities, subject to each state's own rules.

  • Build a career without a work-visa lottery

    A green card holder may take an internship, accept a first job, change employers or found a company without needing an H-1B place, an employer's sponsorship, or a visa stamp. The first years of a career are spent building it, not defending the right to be there.

  • A permanent base, with a path to citizenship

    Permanent residence does not expire with a course or a contract. After the period of residence required by law, each family member may apply for U.S. citizenship if they choose, while retaining the freedom to keep a home and a business elsewhere.

  • US$800,000Minimum investment in a rural, high-unemployment or infrastructure project
  • US$1,050,000Standard minimum investment
  • 10Full-time U.S. jobs created per investor
  • Under 21Unmarried children included with the investor and spouse

As of September 2026, subject to change. Verify current terms with licensed counsel before acting.

Download the one-page factsheet (PDF)
The programme at a glance

The facts, as they stand.

The figures below are the current programme terms as we understand them. They are set by U.S. law and by USCIS and the U.S. Department of State, not by Kingsley Private Office, and they change.

As of September 2026, subject to change. Verify current terms with licensed counsel before acting.
September 2026 planning point

Two dates matter.

Current law authorises the Regional Center Program through 30 September 2027. Petitions filed on or before 30 September 2026 receive explicit statutory protection from a future lapse of the Regional Center Program. Minimum investment amounts are scheduled for inflation adjustment beginning 1 January 2027.

Minimum investmentUS$800,000 in a rural, high-unemployment or infrastructure project; US$1,050,000 otherwise. An inflation adjustment is scheduled from 1 January 2027.
Job creationAt least 10 full-time U.S. jobs per investor.
Family coverageThe investor, their spouse, and unmarried children under 21.
Status grantedTwo-year conditional permanent residence, followed by removal of conditions.
CitizenshipEligibility generally after five years as a permanent resident, subject to the applicable requirements.
Regional Center ProgramAuthorised through 30 September 2027.
Visa availabilityIn the September 2026 Visa Bulletin, the reserved (set-aside) categories were current for all countries. The unreserved category was unavailable for India. Project category selection therefore matters for Indian-born applicants.
Key filingsForm I-526E (investor petition, regional center route). Form I-829 (removal of conditions). Filed by independent licensed immigration counsel.
How it works

Six steps, from first conversation to permanent residence.

Illustrative close-up of a specimen residence document with security printing
Illustration. A fictional specimen, not a real document.
  1. 1

    Assess

    Family fit, the child's age, country of birth, objectives and timing. Kingsley gives an honest first view before anything is committed.

  2. 2

    Map

    Source of funds, tax position and documentation. USCIS requires that funds be lawfully obtained and fully traced; this is where most of the early work is done.

  3. 3

    Select

    Project review and diligence coordination: structure, job-creation cushion, category (reserved or unreserved) and the standing of the regional center. The decision is the family's own.

  4. 4

    File

    The investment is made and the petition is prepared and filed with USCIS by independent immigration counsel.Form I-526E

  5. 5

    Residence

    On approval and visa availability, consular processing abroad or adjustment of status in the U.S., with relocation and landing coordinated by Kingsley.

  6. 6

    Remove conditions

    Counsel files to remove conditions by showing the investment was sustained and the jobs created. Permanent residence follows, and in time eligibility for citizenship.Form I-829

Why timing matters

Four clocks are running. None of them are ours.

01

Children approaching 21

A child's eligibility as a derivative depends on age at points fixed by law. For a family with a teenager approaching university, the date of filing is not a detail.

02

Category selection for Indian-born applicants

In the September 2026 Visa Bulletin the unreserved EB-5 category was unavailable for India while the reserved categories were current for all countries. Which category a project falls into can decide how long a family waits.

03

The January 2027 adjustment

The minimum investment amounts are scheduled for inflation adjustment from 1 January 2027. The exact figures will be set by USCIS; the direction is upward.

04

The Regional Center horizon

The Regional Center Program is authorised through 30 September 2027, and petitions filed on or before 30 September 2026 carry statutory protection from a lapse. Congress has extended the programme before, but no one should plan on the assumption that it will.

As of September 2026, subject to change. Read our note on timing.

Questions families ask

Frequently asked questions.

General information as of September 2026. These answers are not legal, tax or investment advice; eligibility and strategy for any family are matters for licensed counsel.

What is EB-5?

EB-5 is the fifth employment-based immigrant visa category in U.S. law. A foreign national who makes a qualifying at-risk investment in a new U.S. commercial enterprise that creates at least ten full-time U.S. jobs may obtain permanent residence for themselves and their immediate family.

Who is included in a petition?

The principal investor, their spouse and each unmarried child under 21. Every included family member receives the same status as the investor. Either spouse may be the principal applicant, which is a planning decision made with counsel.

How much must be invested?

As of September 2026, the minimum is US$800,000 for a project in a rural or high-unemployment area or an infrastructure project, and US$1,050,000 otherwise. An inflation adjustment to these amounts is scheduled from 1 January 2027, with the new figures to be published by USCIS.

Is the investment guaranteed?

No. To qualify, the capital must be genuinely at risk. An EB-5 investment can lose value, and capital may not be returned in full or at all. Kingsley coordinates diligence on projects but does not sponsor, manage or recommend any project.

What is a regional center?

An entity designated by USCIS to pool investor capital into specific projects and to count the jobs those projects create, including indirect and induced jobs. Most families invest through a regional center because they are not required to run the business themselves.

Why does project category matter for families born in India?

Visa numbers are limited by category and by country of birth. In the September 2026 Visa Bulletin, the reserved categories for rural, high-unemployment and infrastructure projects were current for all countries, while the unreserved category was unavailable for India. The category of the chosen project can therefore affect how long a family waits.

What happens if a child turns 21 during the process?

U.S. law can, in defined circumstances, protect a child’s eligibility by adjusting their age for the time a petition was pending. The protection is conditional and depends on the sequence of events, so the timing of filing for a family with a teenager is a question for licensed counsel at the outset.

Does the family have to live in the United States?

Permanent residence is intended for people who make the United States their permanent home. Prolonged absences can put status at risk, and there are mechanisms for planned time abroad. How this applies to a particular family is a matter for immigration counsel.

How does residency affect the family’s taxes?

A green card generally brings the holder into the U.S. tax system on worldwide income, and U.S. estate and gift rules can reach worldwide assets. Planning is most valuable before residence begins. Kingsley coordinates that planning with tax advisers; it does not give tax advice.

Is Kingsley Private Office a law firm?

No. Kingsley Private Office is not a law firm and does not provide immigration legal advice. Immigration legal services, including every filing, are provided by independent licensed attorneys. Kingsley coordinates the workstream around them and remains accountable for the process.

Plan before you move

Residency changes the family's tax perimeter. Plan the capital before the move.

A green card generally brings the holder into the U.S. tax system on worldwide income, and U.S. estate and gift rules reach worldwide assets. The most valuable planning a family can do is done before residence begins: how existing structures are treated, when residence should start, and how the family's affairs outside the U.S. are organised for the years after the move.

Kingsley Private Office does not provide tax advice. Pre-immigration tax coordination is part of the Standard; the advice itself comes from relationship tax advisers and, for eligible families, the regulated wealth-management institutions described on our Family Capital page.

A note on regional centers and direct investment

Most families choose the regional center route because the job-creation count includes indirect and induced jobs and the family is not required to run the business. A direct investment suits a family that intends to operate a U.S. business itself. Each route has its own risks; counsel will advise which, if either, fits.

Families also weighing residence or schooling in the United Kingdom, Switzerland or the European Union will find a short note on other destinations.

Important information. Kingsley Private Office is not a law firm and does not provide immigration legal advice. Immigration legal services are provided by independent, licensed attorneys. Immigration legal services, including the preparation and filing of any petition, are provided by independent licensed attorneys.

Investment risk. An EB-5 investment must be at risk to qualify. It can lose value, and capital may not be returned in full or at all. Nothing on this site is an offer or solicitation of any investment, and Kingsley Private Office does not sponsor, manage or recommend any project.

No guaranteed outcome. Petitions and visas are adjudicated by USCIS and the U.S. Department of State. Approval is not guaranteed and processing times vary. Nothing here should be read as a prediction of any outcome.

Currency of information. Program terms shown are current as of September 2026 and are subject to change. Figures should be verified with licensed counsel before any decision is made.