What is the EB-5 Program?

EB-5 FAQs

What is an EB-5 visa?

The EB-5 visa is an immigrant investor program that allows foreign nationals to obtain a U.S. green card by making a qualifying investment in a U.S. business that creates or preserves at least 10 full-time jobs for U.S. workers.

Do EB-5 investors get their money back?

Yes, EB-5 investors can often recover their invested capital, but repayment is not guaranteed. The return of funds depends on the project’s performance, compliance with EB-5 requirements, and the terms of the investment agreement. USCIS does not guarantee or manage repayment — it only adjudicates immigration benefits. Dig deeper here to learn more about what factors affect the repayment of your EB-5 investment.

Can I port my EB-2 priority date to EB-5?

No. U.S. immigration law does not allow you to transfer a priority date from EB-2 (or any other employment category) to EB-5. However, under the EB-5 Reform and Integrity Act of 2022, you may retain a priority date from a previously approved EB-5 petition when filing a new EB-5 petition. This can benefit investors who need to refile in EB-5 but want to keep their earlier EB-5 priority date.

How long does it take to get an EB-5 green card?

Timelines vary greatly. USCIS processing of the initial I-526E petition alone can take several years, depending on workload and your country of birth. For investors from countries that are facing EB-5 visa retrogression, the overall process may take a few years. However if you are from a country not facing EB-5 visa retrogression, it is quite possible to receive approval within a year or so. It is also very important to note that if you are in the U.S. when filing, you may concurrently file Form I-485 and typically receive work and travel authorization (EAD/AP) in several months, allowing you to live and work in the U.S. while your green card is pending. This basically gives you all of the benefits of a green card while your I-526E is pending and effectively eliminates the problems created by longer I-526E approval processing.

How can I apply for an EB-5 visa?

To apply for an EB-5 visa, you must make a qualifying investment, file Form I-526 (Immigrant Petition by Alien Investor) with USCIS, and once approved, apply for conditional permanent residency. After two years, you must file Form I-829 to remove conditions. View a flow chart of the entire process HERE.

Is the EB-5 program worth it?

The EB-5 program can be a worthwhile path to U.S. residency for those with the financial means to invest and who want the benefits of living, working, or studying in the United States. However, it carries financial and investment risks.

Can I get a loan to fund my EB-5 investment?

Yes, but USCIS requires that the loan be secured by your own personal assets (such as real estate or other property you own). Unsecured loans or loans secured by assets you do not own generally do not qualify. You must also show that you are personally and primarily liable for repayment. Always consult an immigration attorney before using a loan for EB-5. Read more detail here about options for EB-5 loans and learn whether unsecured EB-5 loans are allowed.

How does EB-5 financing work?

EB-5 financing typically involves investors pooling their capital through a Regional Center project or investing directly in a business. The funds must remain at risk throughout the investment period, and the project must create the required jobs.

How many EB-5 visas are issued per year?

The U.S. government allocates approximately 10,000 EB-5 visas annually, with a portion reserved for investments in Targeted Employment Areas (TEAs) and infrastructure projects.

How much do I need to invest for an EB-5 visa?

The minimum investment amount is $800,000 for projects in TEAs or $1,050,000 for projects outside of TEAs. These amounts may be adjusted for inflation periodically through an act of Congress, as they were in 2022 with the EB-5 Reform and Integrity Act. Read More here to see a breakdown of the total costs including USCIS, attorney, and administrative fees.

What are the costs associated with the EB-5 visa program?

In addition to the investment amount, there are costs such as USCIS filing fees, legal fees, administrative fees for Regional Centers, and costs related to sourcing and transferring funds.

What is an EB-5 Regional Center?

An EB-5 Regional Center is a USCIS-approved entity that pools EB-5 investments to fund job-creating projects. Regional Centers handle the management of job creation and make the investment process more passive for investors.

Where should I invest for an EB-5 visa?

Investment locations should be chosen based on factors like TEA designation, project credibility, and economic impact. Consulting with a financial advisor or immigration attorney is recommended. You may review our available EB-5 projects on our EB-5 Projects page.

How do I switch from an H-1B visa to an EB-5 visa?

You can transition from H-1B to EB-5 by filing an I-526 petition and applying for adjustment of status through Form I-485 if you are already in the U.S.

How much does it cost to become a U.S. citizen?

The cost for naturalization (Form N-400) is $640, plus an $85 biometric services fee. This does not include the initial EB-5 investment and associated costs.

How long does Form I-485 take to process for EB-5 applicants?

Processing times for Form I-485 vary but generally you can expect to receive your adjustment of status within 6 months. Delays may occur depending on USCIS workloads and case complexities.

What is Form I-485?

Form I-485, Application to Register Permanent Residence or Adjust Status, is used by individuals in the U.S. to apply for a green card. EB-5 investors file this form once their I-526 petition is approved and a visa is available.

Can I get a green card faster than 90 days?

No. It is not realistic to receive a green card within 90 days. However, under the EB-5 Reform and Integrity Act of 2022, EB-5 investors can file Form I-485 concurrently with Form I-526E. This allows you to receive EAD work authorization and Advance Parole travel permission in just a few months, letting you enjoy many of the benefits of a green card while your case is pending.

Can I apply for U.S. citizenship before 5 years of holding a green card?

No, EB-5 green card holders must wait 5 years from the date they received permanent residency to apply for naturalization, unless they qualify for an exception (e.g., through marriage to a U.S. citizen).

What does investment in a Targeted Employment Area (TEA) mean?

A TEA is either a rural area or an area with high unemployment, which qualifies for a reduced minimum investment amount of $800,000. TEAs are designated to encourage economic growth in underdeveloped regions.

How can I transition from asylum status to a green card?

If you have been granted asylum, you can apply for a green card after one year of continuous residence in the U.S. using Form I-485. EB-5 investors do not use this pathway but can still adjust status if eligible.

What are the benefits of having a green card?

Benefits include the ability to live and work anywhere in the U.S., access to U.S. education and healthcare, in-state tuition benefits at U.S. universities, eligibility for Social Security and Medicare after qualifying years, and a pathway to U.S. citizenship. See more on our EB-5 Visa Investment Guide page.

What are the benefits of U.S. citizenship compared to a green card?

U.S. citizens have the right to vote, access federal jobs, travel with a U.S. passport, and avoid the risk of deportation. Citizens can also sponsor more relatives for permanent residency and are exempt from green card renewal.

How can I apply for a green card while in the United States?

You can apply for a green card through adjustment of status using Form I-485 if you meet eligibility criteria and are in lawful status. For EB-5 investors, this follows the approval of the I-526 petition.

How can international students obtain a green card?

International students may explore options like EB-5, employment-based green cards (e.g., H-1B to EB-2/EB-3), marriage to a U.S. citizen, or family-based sponsorship.

What does “Request for Initial Evidence was sent” mean?

This notice means USCIS needs more information or documentation to process your application. You must provide the requested evidence within the specified deadline to avoid delays or denial.

Does holding a green card make me a U.S. citizen?

No, having a green card makes you a permanent resident, not a U.S. citizen. You can apply for citizenship through naturalization after meeting the residency and eligibility requirements.

What are common EB-5 visa interview questions?

Questions may include details about your investment, source of funds, job creation plans, and your intentions to live in the U.S. Be prepared to discuss your investment project and supporting documentation.

Can you change jobs while your Form I-765 is pending?

Yes, you can change jobs, but it may affect your work authorization status depending on your visa type. Consult an immigration attorney before making changes to ensure compliance.

What is the safest EB-5 investment project?

There is no guaranteed "safe" EB-5 investment, but projects sponsored by reputable Regional Centers with a strong track record and well-vetted business plans may reduce risk. Conduct thorough due diligence.

How does moving to the United States from India work under the EB-5 program?

You must make a qualifying EB-5 investment, file Form I-526, and wait for approval and visa processing. Due to high demand, Indian nationals may experience longer waiting times caused by EB-5 visa retrogression, though this may be avoided by investing in a rural TEA project.

Can you “buy” a green card?

While you cannot "buy" a green card directly, the EB-5 program allows you to invest in a qualifying U.S. project, which can lead to permanent residency if all requirements are met.

What is the current green card backlog for Indian nationals?

Indian nationals face significant backlogs in the EB-5 program due to high demand. The Visa Bulletin provides updates on priority dates and waiting times. You can stay on top of the latest developments in the EB-5 category of the U.S. Department of State Visa Bulletin by following our blog.

Can I use an EB-5 green card to invest in U.S. real estate?

Yes, you can use your EB-5 green card to invest in real estate, but the initial EB-5 investment must comply with program requirements, including job creation and at-risk capital.

What are the requirements for proving the source of funds in EB-5?

You must provide documentation like tax returns, business records, sale agreements, loan agreements, and bank statements to prove that your investment capital came from lawful sources.

How do I trace the path of funds for an EB-5 investment?

You need to provide a clear, documented trail of funds from the original source to the final investment in the EB-5 project. This includes bank statements, wire transfer receipts, and other financial records.

What happens if my EB-5 project fails to create 10 jobs?

If the required 10 jobs are not created, your I-829 petition could be denied. However, USCIS may approve your petition if you can show that the jobs are expected to be created within a reasonable time. Choosing a reputable project with a strong job creation cushion is the best way to reduce this risk.

What is the EB-5 Reform and Integrity Act of 2022?

This law introduced significant changes, including higher investment amounts (an increase from $500,000 EB-5 investment to $800,000 EB-5 investment in TEAs), reserved visa categories for rural and high-unemployment areas, increased oversight of Regional Centers, and options for concurrent filing of I-526 and I-485.

How does the EB-5 job creation requirement work?

The investment must create at least 10 full-time jobs for U.S. workers. In Regional Center projects, both direct and indirect jobs created by project based construction expenditures can be counted using economic models.

What are the different types of EB-5 investments: Direct vs. Regional Center?

Direct EB-5 Investment: Involves actively managing a business and creating 10 direct jobs. Regional Center EB-5 Investment: Allows for a more passive role, using indirect job creation models.

How do I remove conditions from my EB-5 green card after two years?

File Form I-829 within 90 days before your conditional green card expires. You must provide evidence that your investment created 10 jobs and that your capital was at risk.

What is a “set-aside” visa category under the EB-5 program?

Set-aside categories, introduced by the 2022 RIA, reserve EB-5 visas for investments in rural, high-unemployment, and infrastructure projects, helping reduce wait times for eligible investors.

What are common reasons for EB-5 denials?

Common reasons include insufficient documentation of the source of funds, failure to meet job creation requirements, incomplete applications, or non-compliance with investment rules.

How can I appeal or respond to a denied EB-5 petition?

You can file a Motion to Reopen or Reconsider with USCIS or appeal to the Administrative Appeals Office (AAO). Consulting with an experienced immigration attorney is crucial.

Can I travel while my I-485 is pending for EB-5?

Yes, but you must have an approved Advance Parole (Form I-131) to re-enter the U.S. without abandoning your adjustment of status application.

What happens if there are delays in my EB-5 project?

Delays can affect job creation timelines and the overall viability of your investment. Stay in close communication with project developers and consider legal options if necessary.

What documents are required for an EB-5 application?

Documents include a detailed business plan, evidence of lawful source and path of funds, investment agreements, and comprehensive financial records.

How do USCIS site visits impact my EB-5 investment?

USCIS may conduct site visits to ensure the project is progressing as described and that job creation is on track. Be prepared for audits and maintain accurate records.

Are there any tax implications for EB-5 investors?

Yes, U.S. tax laws may apply to your global income once you become a resident. Consult a tax advisor to understand your obligations and plan accordingly.

Can my EB-5 investment be refunded if the project fails?

EB-5 investments must remain “at risk,” meaning there is no guaranteed return or refund. Carefully review project agreements and perform due diligence to minimize risk. Learn more about what factors affect the repayment of your EB-5 investment here.

What are the risks associated with EB-5 investments?

Risks include potential job creation shortfalls, project delays or failures, and financial loss. Conduct thorough due diligence and consult with professionals to mitigate these risks.  

Can I still renew my EAD if my EB-5 category retrogresses after I file my I-485?

Yes. Once you file your I-485 adjustment of status while your EB-5 category is current, you can receive an Employment Authorization Document (EAD) and Advance Parole (AP). If your category later retrogresses, your I-485 will remain pending, and although USCIS cannot approve your green card until a visa number becomes available again, you may continue to renew your EAD and AP as long as your I-485 is pending.