The Untold Story Behind the Law That Created EB-5

Rose Odette
Nov 16
4 min read

US Senator Edward M. Kennedy “Lion of the Senate”

How and Why Ted Kennedy Still Shapes Your EB-5 Future

Before anyone ever heard the phrase “EB-5 investor,” there was a senator from Massachusetts with a big, stubborn idea:

America should always have room for people who bring talent, capital, and courage.

That senator was Ted Kennedy — the youngest brother of President John F. Kennedy — who spent nearly 47 years in the U.S. Senate and became known as the “Lion of the Senate” for his relentless work on civil rights, health care, and immigration. (Wikipedia)

He had every reason to disappear after tragedy. He lost two brothers to assassinations, survived a plane crash, and faced brutal public scrutiny. But instead of retreating, he doubled down on public service — and one of the arenas where he chose to fight was immigration. (Secret Ireland)

In the 1960s, he helped reshape America’s immigration system away from racist national-origin quotas. (WBUR) By 1989, he was back at it — this time introducing the Immigration Act of 1990, the law that created the EB-1 through EB-5 employment-based categories and dramatically expanded legal immigration to the United States. (Wikipedia)

So every time an investor family gets a green card through EB-5, they’re walking through a door Ted Kennedy helped build.

Backstory: How EB-5 Traveled From a Bill to a Law

The EB-5 program didn’t appear overnight — it was born from a long political journey inside the Immigration Act of 1990. In the late 1980s, Congress was wrestling with how to modernize America’s immigration system for a new economic era. Senator Ted Kennedy and the Senate Judiciary Committee pushed for an employment-based immigration overhaul that rewarded skills, talent, and investment. Their proposal created five employment categories — EB-1 through EB-5 — with the fifth category specifically designed to attract foreign investors willing to deploy capital into job-creating U.S. ventures. This idea was drafted, debated, amended, and folded into a sweeping reform bill that passed both the House and Senate with strong bipartisan support. When President George H. W. Bush signed the Immigration Act of 1990 into law, EB-5 officially became part of the U.S. legal landscape — a visionary bridge between global investors and American economic growth. Today, every approved EB-5 petition traces its lineage back to that legislative moment when Congress declared that investment and opportunity should be powerful pathways to immigration.

Five Ideals from Ted Kennedy for EB-5 Investors

Resilience over perfection He made mistakes, took hits, and kept going. Your EB-5 journey may not be smooth — but it must be persistent.
Public good first Kennedy pushed reforms that were good for the country, not just for politics. Align your investment with real U.S. job creation and community impact.
Long game thinking He worked on immigration policy over decades, not news cycles. EB-5 is the same: a multi-year strategy, not a quick shortcut.
Bipartisan bridges The Immigration Act of 1990 passed with strong support from both parties. (Wikipedia) Build your own coalition — USCIS-compliant projects, seasoned lawyers, and trustworthy financial partners.
Legacy mindset Kennedy cared how his laws would affect the next generation. You’re not just buying a green card; you’re designing your family’s next 50 years.

Five Action Steps for Today’s EB-5 Subscriber

Know the origin story Teach your family why EB-5 exists. Understanding the law’s history helps you respect the process and stay patient.
Audit your project’s “Kennedy test” Ask: Does this investment really create U.S. jobs and value? If the answer feels shaky, reconsider the project.
Upgrade your advisor bench Make sure your team (lawyer, business advisor, regional center, financial planner) is aligned on a single theme: “Compliant, transparent, and long-term.”
Track policy, not gossip Follow real legislative and USCIS policy updates instead of rumors from group chats. That’s what serious investors do. Law That Created EB-5
Document your own legacy Start a simple “Immigration Legacy” file — why you chose EB-5, what you hope for your children, and what this sacrifice means to you. That’s the story they’ll tell decades from now.

Conclusion Law That Created EB-5

Ted Kennedy didn’t live to see your specific petition file number, but his fingerprints are on every EB-5 approval notice.

He believed America is stronger when it welcomes builders — people who bring capital, create jobs, and commit to the country’s future. If you’re on the EB-5 path, you are part of that legacy.

Your green card isn’t an accident. It’s the result of vision, law, and your decision to bet big on the United States.