The EB-5 Investor visa program offers Peruvian nationals a direct path to U.S. permanent residency through qualifying capital investment. To qualify, an investor must contribute a minimum of $1,050,000 into a new U.S. commercial enterprise, or $800,000 if the project is located in a Targeted Employment Area (TEA). The investment must also create at least 10 full-time jobs for U.S. workers.
One important advantage for Peruvian investors is visa availability. Peru falls under the “Rest of World” chargeability category, which has historically remained current. This means Peruvian investors are generally notsubject to lengthy waits for a visa number to become available after petition approval. Investors should confirm current visa availability with a qualified immigration attorney before filing.
At Colombo & Hurd, we have helped investors from across Latin America secure EB-5 approvals and green cards. With over 20 years of experience and a 100% approval rate on EB-5 cases, our firm understands what it takes to navigate this process successfully. This guide covers how the program works, what Peruvian applicants specifically need to know, and what the process typically looks like from petition to green card. Let’s break it down.
What Is the EB-5 Visa?
The EB-5 Immigrant Investor Program gives foreign nationals a path to U.S. permanent residency through investment. If you invest in a qualifying U.S. business and that business creates at least 10 full-time jobs for U.S. workers, you, your spouse, and your unmarried children under 21 can all apply for a green card.
Approximately 10,000 visas are allocated annually under the EB-5 program. These are split across project types: 20% go to rural projects, 10% to high-unemployment areas, 2% to infrastructure projects, and the remaining 68% to all other qualifying investments.
Because each country is capped at 7% of the total annual visas, high-demand countries like China and India have long waiting lists. Peru does not. Peruvian investors represent a small fraction of total EB-5 applicants worldwide, so Peru stays well below that cap. In practical terms, this means Peruvian investors generally do not face a waiting period for a visa number once their petition clears United States Citizenship and Immigration Services (USCIS) review. This is a significant advantage over investors from higher-demand countries, where waits can stretch for years.
Investors considering the regional center route should also be aware that a key filing deadline falls on September 30, 2026. Read the full insight here.
Success Stories: EB-5 Investors Approved
A South American Investor Secures a Green Card Through Hospitality
Colombo & Hurd secured an EB-5 approval for a South American investor who committed capital to a U.S. hospitality development project. The investment was structured within a Targeted Employment Area and affiliated with a USCIS-designated regional center, which allowed job creation to be demonstrated through economic modeling rather than direct hires alone.
The case involved multi-generational funds that had crossed multiple jurisdictions. Documenting this complex financial history clearly enough for USCIS required assembling detailed records and affidavits into a coherent timeline. The I-526 Form (the initial immigrant investor petition filed with USCIS to establish eligibility for the EB-5 program) was approved without a Request for Evidence (RFE).
EB-5 Approval Through a Multifamily Residential Investment
Another successful EB-5 case involved an investor who placed capital in a TEA for multifamily residential development. The project moved from construction into full operation, helping meet local housing needs while creating qualifying jobs. When filing the I-829 form (the final petition filed with USCIS two years after receiving the initial green card to remove conditions on permanent residency and confirm full green card status), the goal is to demonstrate that the investment was maintained throughout the conditional residence period and that the required jobs were created. This step requires clear documentation showing how the investment remained in place and how the project met EB-5 job-creation requirements.
Our team reviewed the full case record and prepared a well-organized filing with updated financial documents, partnership records, project reports, and economic data. The evidence was organized clearly so USCIS could easily track the project’s progress and confirm that all EB-5 requirements were met.
USCIS approved the I-829 petition in 3 months and 6 days without issuing a Request for Evidence (RFE). This approval confirmed the investor’s lawful permanent resident status without conditions.
EB-5 Investment Requirements for Peruvians
The minimum investment amount depends on where the project is located:
| Project Type | Minimum Investment |
| Standard (non-TEA) | $1,050,000 |
| Targeted Employment Area (TEA) or qualifying infrastructure project | $800,000 |
A TEA is generally a rural area or a region where unemployment runs at least 150% of the national average. Many EB-5 projects are structured around TEA locations specifically because the lower investment threshold makes them more accessible to investors.
Capital standards:
Your capital must be “at risk,” meaning it goes into the business with no guaranteed return. It also must be lawfully obtained. USCIS reviews the source of funds closely, so you need to be ready to document where your money came from and how it was transferred. The investment must go into a U.S. commercial enterprise that will create at least 10 full-time jobs for U.S. workers. For regional center investments, these jobs can be demonstrated through economic modeling rather than direct hires alone.
Practical management:
On the question of involvement: USCIS requires that you play some role in the management of the enterprise. This does not necessarily mean running day-to-day operations. In most regional center investments, this requirement is satisfied through a limited partners structure that gives investors voting rights and a defined role in governance. You do not need to own a majority stake or be hands-on in the business.
An immigration attorney can help you confirm that your chosen project structure meets this requirement before you commit.
For a full breakdown of how minimum investment amounts are calculated, see EB-5 Visa: Minimum Investment Requirements
Direct Investment vs. Regional Center: What’s the Difference?
Peruvian investors generally choose between two project structures. The right option depends on your goals, risk tolerance, and how actively you want to be involved in the business.
Direct investment means creating or investing in a U.S. business you actively manage. The 10 jobs must be created directly as W-2 employees of the enterprise. This path gives you more operational control and suits investors who want to run or co-run a business. Common vehicles include real estate development, retail, manufacturing, and service businesses.
Considering a real estate project? See our article Real Estate as An EB-5 Investment Option
Regional center investment means pooling capital with other investors through a USCIS-approved regional center, typically into real estate or infrastructure development. One practical advantage of this structure is that the 10-job requirement does not require the investor to directly hire employees. Instead, jobs can be demonstrated through indirect job creation using economic modeling, with construction activity and business operations counting toward the requirement. This removes a significant operational burden from the investor, which is why most EB-5 investors choose the regional center route.
When evaluating regional center projects, due diligence matters. Not all regional centers carry the same track record or level of compliance with USCIS requirements. Investors should review a project’s financials, developer history, and regional center standing before committing capital. An experienced immigration attorney can help you assess these factors alongside the legal requirements.
Neither structure is categorically better. The right choice depends on your specific financial situation, business goals, and immigration timeline. A qualified EB-5 attorney can walk you through both options and help you identify the structure that fits your circumstances before you commit.
For a deeper comparison of both structures, read our article EB-5 Direct Investment vs Regional Center Models Explained
The EB-5 Application Process for Peruvian Investors
Step 1: Choose a Project and Complete Due Diligence
Whether you’re pursuing a direct investment or a regional center project, due diligence comes first. A qualifying project needs a credible business plan, a clear job creation model, and a track record that supports confidence in its completion. For regional centers, this includes reviewing the center’s history, the project promoter’s background, and the economic modeling used to support indirect job claims.
Source of funds documentation should be prepared concurrently with this process. Ideally, your source of funds file is ready by the time you select a project, so the regional center can accept your investment without delay.
Step 2: File Form I-526 or I-526E
Once the investment is made and documentation is assembled, you file Form I-526 (for direct investment) or Form I-526E (for regional center cases) with USCIS. This petition must demonstrate all five EB-5 requirements: qualified investment, lawful source of funds, capital at risk, job creation, and active participation in the enterprise.
The base filing fee for Form I-526 or I-526E is $3,675, plus a $1,000 Integrity Fund fee for regional center investors. EB-5 filing fees have been subject to legal and regulatory changes in recent years, so confirm the current fee on the USCIS fee schedule before filing.
Step 3: National Visa Center Processing
After USCIS approves the petition, the case transfers to the National Visa Center (NVC). Peruvian investors have generally not faced a waiting period for a visa number at this stage, though current visa availability should always be confirmed with your attorney. The NVC will instruct you to submit address information and supporting documents, then schedule the immigrant visa interview at the U.S. Embassy in Lima.
If you are already present in the United States on a temporary visa, you may be eligible to pursue permanent residency through Adjustment of Status rather than consular processing. The path varies depending on your current visa type.
Step 4: Gather Civil Documents and Financial Records
Each family member included in the petition must provide civil documents: birth certificates, marriage certificates, police clearance certificates, and valid passports. Peruvian documents will typically need to be certified by the National Registry of Identification and Civil Status (RENIEC), Peru’s civil registry. Any documents in Spanish require a certified English translation. Financial records must clearly trace the lawful source and transfer of all invested funds. This is one of the most common areas where EB-5 petitions run into complications.
Step 5: Medical Exam and Consular Interview
Before the visa interview, each applicant must complete an immigrant medical exam with an approved physician. The U.S. Embassy in Lima lists designated physicians on its website. After the exam, the family attends the consular interview, where the officer reviews all documentation and confirms the investment meets EB-5 requirements. For current consular fees, refer to the U.S. Embassy Lima website directly, as these amounts are subject to change.
Step 6: Conditional Permanent Residency and I-829 Filing
Upon entering the United States, you and your family become conditional permanent residents for two years. During this period, the investment must continue to meet EB-5 requirements, and the required jobs must be created. Within the 90-day window before the two-year card expires, you file Form I-829 to remove conditions and demonstrate that the enterprise created the required 10 jobs. Upon I-829 approval, 10-year green cards are issued.
For a full breakdown of how job creation is calculated and documented, see Understanding the EB-5 Job Creation Requirement
The base filing fee for Form I-829 is $3,750, plus applicable additional fees. As with all EB-5 fees, confirm the current amount on the USCIS fee schedule before filing.
For current processing times at each stage, refer to the USCIS processing times page, as these vary and change over time.
Already in the U.S.? You May Be Able to Adjust Status Instead
If you are already living in the United States on a temporary visa, you may not need to go through consular processing at the U.S. Embassy in Lima. The EB-5 Reform and Integrity Act (RIA) of 2022 introduced concurrent filing, which allows eligible investors to file Form I-485 for adjustment of status at the same time as their I-526E petition, letting you remain in the U.S. while your case is processed and gain work and travel authorization sooner. How this applies to you depends on your current visa type.
Government Fees Summary
| Form | Base Filing Fee |
| I-526 / I-526E (petition) | $3,675 + $1,000 Integrity Fund fee |
| I-829 (remove conditions) | $3,750 |
| DS-260 / Immigrant visa (per person) | ~$325 |
These figures reflect base government fees only and are subject to change. Additional fees may apply. Confirm current amounts with the USCIS fee schedulebefore filing.
What Peruvian Applicants Should Know Before Filing
Document certification: Peruvian civil documents must generally be certified by RENIEC before they are accepted for U.S. immigration purposes. Any documents in Spanish require a certified English translation. Building this into your timeline early helps avoid delays.
Source of funds documentation: EB-5 places significant evidentiary burden on proving that capital is lawfully obtained. Funds that have passed through family trusts, business sales, real estate transactions, or cross-border transfers require thorough paper trails. This applies to all EB-5 petitioners, not just Peruvians. Understanding it upfront makes the process considerably smoother.
Visa availability: Peruvian nationals fall under the “Rest of World” chargeability category, which has historically remained current. This makes the path to a conditional green card more predictable for Peruvian investors. Current visa availability should always be confirmed with your attorney before filing.
Common Mistakes in EB-5 Petitions
The EB-5 program requires thorough, well-documented petitions. These are the issues we see most often:
- Incomplete source of funds records. Funds that lack a clear, traceable history, particularly those involving gifts, loans, or multi-generational assets, require affidavits, account records, and often third-party documentation to satisfy USCIS.
- Inadequate project due diligence. Not every regional center project is well-structured. A project that fails to create the required jobs, or where the promoter lacks transparency, can jeopardize the investor’s I-829 approval even if the I-526 was approved.
- Misunderstanding the at-risk requirement. Capital that is secured against a guaranteed return, protected by a buy-back agreement, or otherwise insulated from business risk may not satisfy the at-risk requirement. This has to be assessed at the project level.
- Missing the I-829 window. The petition to remove conditions must be filed within the 90-day window before the conditional card expires. Missing this window does not automatically end your case, but it does not require filing a late petition with a detailed explanation and supporting evidence showing the delay was reasonable. It adds time, cost, and uncertainty to a process that is otherwise straightforward when managed on schedule.
Other U.S. Visa Options for Peruvian Investors and Professionals
The EB-5 is one of several routes Peruvian nationals use to pursue U.S. residency. For investors who meet the EB-5 requirements, it remains one of the most direct paths to a green card available. The options below may be relevant for Peruvian professionals who are still evaluating their eligibility or who have professional backgrounds that open additional pathways.
- EB-2 National Interest Waiver (EB-2 NIW): For professionals whose work serves the U.S. national interest. This route does not require an employer sponsor or job offer and may be relevant for entrepreneurs, researchers, and specialists in fields like healthcare, technology, energy, or finance.
- O-1 Visa: For individuals with extraordinary ability or achievement in their field. This is a nonimmigrant visa, but many professionals use it as a bridge while pursuing a permanent residency pathway.
- EB-1A: For individuals with demonstrated extraordinary ability at a national or international level. No job offer required.
- E-2 Treaty Investor Visa: A nonimmigrant visa for nationals of treaty countries who invest substantially in a U.S. enterprise. Peru is an E-2 treaty country. The E-2 does not lead directly to permanent residency but allows you to live and work in the U.S. while the business operates.
The best path depends on your professional background, the nature of your capital, your timeline, and your long-term goals in the United States. A qualified immigration attorney can help you weigh these options against your specific circumstances.
