By Amega Awadzi
Recent public discourse in Ghana and beyond has increasingly focused on reports suggesting that former Minister for Finance, Ken Ofori-Atta, has sought or explored U.S. lawful permanent residency through the EB-5 Immigrant Investor Program. While these reports remain unconfirmed by U.S. immigration authorities, understanding the EB-5 program is essential to appreciating what such a pathway offers and why it is attractive to high-net-worth individuals.
This article therefore explains, in full and without speculation, what the EB-5 program legally provides, and clarifies that this is the residency status and associated benefits Mr. Ofori-Atta is reported to be pursuing in the United States, according to public commentary.
What the EB-5 Immigrant Investor Program Is
The EB-5 Immigrant Investor Program is a U.S. federal immigration program administered by U.S. Citizenship and Immigration Services (USCIS). It allows foreign nationals to obtain lawful permanent residency (a U.S. Green Card) by making a qualifying financial investment in a U.S. commercial enterprise that leads to job creation for American workers.
The program is governed strictly by U.S. law and is neither automatic nor discretionary. Approval depends on full compliance with statutory requirements, extensive documentation, and rigorous vetting, particularly regarding the source of investment funds.
Core Legal Requirements of the EB-5 Program (2026)
As of 2026, the EB-5 program operates under clearly defined thresholds and conditions.
The minimum investment amount depends on the location of the project:
US$800,000 is required for investments made in a Targeted Employment Area (TEA). These are areas classified under U.S. law as rural regions or locations experiencing high unemployment.
US$1,050,000 is required for investments made in non-TEA or standard commercial areas, typically urban or prime commercial zones.
In addition to the capital requirement, the program mandates job creation. Each EB-5 investment must result in the creation of at least 10 full-time jobs for qualified U.S. workers, generally within a two-year period following the investor’s admission as a conditional permanent resident.
The investment funds must also be “at risk.” This means the capital must be committed to a for-profit enterprise with no guarantee of profit, no assured return, and no guaranteed repayment of the principal. Any arrangement that eliminates financial risk disqualifies the investment under U.S. immigration law.
A critical pillar of the EB-5 process is the lawful source of funds requirement. Applicants must provide detailed, traceable documentation proving that their investment capital was obtained legally. Acceptable sources include employment income, business profits, asset sales, inheritance, or legitimate gifts. Funds linked to corruption, fraud, or unexplained wealth are grounds for denial.
Benefits Offered by the EB-5 Program
The EB-5 program is widely considered one of the most comprehensive immigration pathways available to wealthy foreign nationals because of the benefits it confers.
Successful applicants receive lawful permanent residency in the United States, commonly known as a Green Card. This status extends not only to the investor but also to their spouse and unmarried children under the age of 21.
Lawful permanent residency provides the right to live, work, and study anywhere in the United States without restriction. It also allows access to public education and, in many cases, in-state tuition rates at U.S. public universities.
After maintaining permanent residency for five years, EB-5 investors become eligible to apply for U.S. citizenship, subject to meeting residency, character, and legal requirements.
Unlike employment-based visas, the EB-5 route requires no employer sponsorship, no specific academic qualifications, no professional licensing, and no language proficiency. These features make it particularly attractive to high-net-worth individuals seeking long-term security and mobility.
Investment Pathways Under the EB-5 Program
There are two main investment models under the EB-5 framework.
The most common route is the Regional Center investment, which accounts for more than 90 percent of EB-5 applications. Under this model, investors place funds into large-scale projects managed by USCIS-approved Regional Centers. The investor’s role is largely passive, and job creation may be calculated indirectly using economic models.
The second route is direct investment, where the investor establishes or acquires a business and plays an active managerial role. In this model, job creation is typically required to be direct and payroll-based.
Application Process and Timeline
The EB-5 process begins with the filing of an I-526 or I-526E petition, which demonstrates the qualifying investment, lawful source of funds, and job-creation plan.
If approved, the applicant is granted a two-year conditional Green Card. Near the end of this period, the investor must file an I-829 petition, providing evidence that the investment remained at risk and that the required jobs were created. Approval of this petition removes the conditions and grants permanent lawful residency.
Current Status of the EB-5 Program (2026)
The EB-5 program remains fully operational under the EB-5 Reform and Integrity Act of 2022, which strengthened oversight, transparency, and compliance requirements. As of 2026, investment thresholds and program structures are expected to remain stable, subject only to future legislative changes.
What Ken Ofori-Atta Is Reportedly Seeking Through This Program
Within this legal and policy framework, public reports and sustained public discussion indicate that this EB-5 pathway—and the benefits it confers—is what Ken Ofori-Atta is after in the United States. Specifically, these reports suggest that his alleged interest lies in securing U.S. lawful permanent residency, with its attendant rights to long-term residence, unrestricted work and mobility, family inclusion, and the eventual possibility of U.S. citizenship.
It must be clearly stated, in the interest of accuracy and fairness, that there is no public confirmation from U.S. immigration authorities that Mr. Ofori-Atta has filed, completed, or been approved under the EB-5 program. The discussion therefore remains grounded in reported claims and public commentary, not verified immigration outcomes.
The relevance of the EB-5 program in this context is to explain what such a program offers and why an individual of substantial financial means might pursue it, rather than to assert that any benefit has already been obtained.
Concluding Observation
Seeking or exploring residency under the EB-5 Immigrant Investor Program is, in itself, a lawful immigration option under U.S. law and does not constitute wrongdoing. Each application is evaluated independently based on compliance, documentation, and legal standards.
Public debate on the matter should therefore remain anchored in law, due process, and verified facts, rather than assumption or conjecture, while recognising that this is the residency framework and set of benefits Ken Ofori-Atta is reported to be pursuing in the United States.
Compiled by Amega Awadzi, Aborlove–Nolopi
