Frequently Asked Questions (FAQs) – EB-5 Immigrant Investor Visa 

1. What is the EB-5 Visa Program?

The EB-5 Immigrant Investor Program permits foreign nationals to achieve U.S. permanent residency status (Green Card) by investing in an eligible commercial enterprise within the United States that generates a minimum of 10 full-time positions for U.S. employees.

2. What are the advantages of the EB-5 Visa?

• Permanent residency (Green Card) for you, your spouse, and unmarried children under 21
• Freedom to live, work, and study in any state or U.S. territory
• Path to becoming a U.S. citizen
• No language, education, or employment experience requirements
• Access to the U.S. healthcare and educational systems

3. How much investment is required?

• $1,050,000 for an average EB-5 investment; or
• $800,000 in a Targeted Employment Area (TEA)

4. What is a Targeted Employment Area (TEA)?

A TEA is either:

• A rural area; or
• A high-unemployment area (at least 150% of the national average) Investment in a TEA qualifies you for the reduced investment threshold.

5. What are the employment requirements?

You are required to create or sustain a minimum of 10 full-time jobs for authorized U.S. employees within roughly two years of being a conditional permanent resident.

6. What is a regional center

A regional center is an USCIS-approved organization that sponsors capital investment projects on behalf of EB-5 investors. Regional center projects are typically pooling money from more than one investor and offer job creation via economic modeling.

7. What are the differences between direct and regional center investments?

• Direct investment: You personally own or operate a business which has employees directly.
• Regional center investment: You invest passively in a qualified regional center project. Job creation is induced and indirect jobs.

8. Who may file an application for an EB-5 visa?

Any person who:

• Is capable of investing legally the minimum
• Can demonstrate that the funds have a legitimate source
• Meets overall admissibility requirements (no serious criminal history, no immigration violation)

9. How long is the typical EB-5 process duration?

• Select a project and invest
• File Form I-526E (initial petition)
• Wait for USCIS to process
• On approval:
  • If in the U.S., submit for adjustment of status (Form I-485)
  • If overseas, complete consular processing (Form DS-260)

• Enter the U.S. as a conditional resident
• After two years, submit for Form I-829 to remove conditions

10. What is conditional permanent residency?

It’s a two-year Green Card received initially under the EB-5 program. Conditions are removed by requesting Form I-829 after showing creation of jobs and sustained investment.

11. Can my family be included in the application?

Yes. Your spouse and your unmarried children under 21 are eligible for Green Cards under your EB-5 application.

12. What documents are required for EB-5 processing?

You’ll typically need to submit:

• Valid passport
• Birth and marriage certificates
• Financial records and tax returns
• Proof of lawful source and path of investment funds
• Business or project documents
• USCIS forms (I-526E, I-485 or DS-260, I-829)

13. What is the I-526E petition?

Form I-526E is the initial petition making you eligible for the EB-5 visa by investment and job creation in a new commercial enterprise.

14. What is Form I-829?

Form I-829 is filed 90 days before the end of your conditional Green Card. It is a request to lift conditions by showing your investment met all program requirements.

15. How do I show that my money was from a legal source?

You must provide evidence such as:

• Tax returns
• Bank statements
• Business ownership papers
• Sale of real estate
• Loan agreements
• Inheritance or gift papers

16. Can I use a loan to fund my EB-5 investment?

Yes, provided the loan is secured by your own personal assets, and you guarantee repayment personally.

17. Can I live anywhere in the U.S. with an EB-5 Green Card?

Yes. You are welcome to work and live anywhere in any U.S. state, regardless of where your EB-5 investment project is located.

18. How much time does it take to get an EB-5 visa?

Timeline varies, but here is a rough guess:

• I-526E petition: 12–36 months
• Issuance of the visa (either through consular processing or adjustment of status): 6–12 months
• Conditional residency: 2 years
• Adjudication of I-829 (to remove conditions): 24–36 months

19. Are there limits on the number of EB-5 visas issued annually?

Yes. There are approximately 10,000 EB-5 visas available annually, including visas for investors and derivative family members.

20. What if my petition is denied?

If your petition is denied, you will be informed as to why. You may be able to appeal or reapply, depending upon why it was denied. Having a professional immigration attorney working on your behalf involves a reduced risk of denial.

21. May I apply within the U.S.?

Yes, if legally in the U.S. on a valid visa, you can file application for adjustment of status (Form I-485) after approval of your I-526E or concurrently as per visa availability.

22. Is EB-5 visa an automatic route to gaining a Green Card?

No. It is subject to fulfilling all requirements, including level of investment, lawful source of funds, and creation of jobs. No guarantees, and careful due diligence are paramount.

23. Can I become a U.S. citizen by EB-5?

Yes. Five years after obtaining permanent residency status (two years of which are conditional) and after meeting all other requirements, you can apply for U.S. citizenship. 

24. Will the investment be refunded?

Return of investment is dependent on the success of the project and its terms. While other projects have the aim of returning your funds after a while, EB-5 does not guarantee return on investment.

25. Must I employ an immigration attorney or consultant?

Absolutely. The EB-5 procedure is complex, and legal or financial professionals can guide you through compliance, safeguard your investment, and steer you through and through.

Work with trusted experts

Managing EB-5 investments is complex, but you don’t have to do it by yourself. Dealing with experienced professionals—immigration attorneys, financial advisors, and registered regional centers—can make it a reassuring experience and reduce the possibility of costly mistakes.

Ready to invest in EB-5 wisely?

Whether you’re new to EB-5 or down to your last few project possibilities, we’re here to help. Call to schedule a consultation.