Your Rights as an EB-5 Investor 

The EB-5 Immigrant Investor Program offers investors a means to obtain U.S. permanent residence (a green card) through an investment in a U.S. business. While the program is seen generally in terms of opportunity and immigration advantage, it is equally significant to see the legal protection and rights that come to you as an EB-5 investor.

1. The Right to Transparent Information

You have the right to receive precise, clear, and full information on:

• The business or project in which you’re investing
• How your investment is being utilized
• The timeline of job creation and project development
• The risk of investment

EB-5 investments are subject to anti-fraud provisions of U.S. securities law, and offering materials must be correct and not misleading.

2. The Right to Legal and Financial Representation

You have the right to:

• Hire your own immigration lawyer to walk you through the process of filing your I-526E petition and going through the EB-5 process
• Use independent financial planners or analysts to evaluate the feasibility and risk of the investment
• Have important documents translated into your own language before you sign
• Having professionals with you prevents uninformed choices.

3. Right to Due Diligence

Before you invest, you are entitled to due diligence. That means:

• Exploring the Regional Center and background
• Reviewing business plans, financial reports, and job creation plan
• Querying questions and getting quick responses from project managers

Your decision should be informed, not rushed

4. The Right to a Lawful Means to a Green Card

After your EB-5 application is approved and all the conditions are met, you are entitled to:

• Obtain secure conditional permanent residence for yourself and eligible family members (spouse and children under 21)
• Apply to remove conditions after two years by showing that the investment continued “at risk” and created or maintained at least 10 full-time U.S. jobs

The immigration benefit is contingent on your compliance with program requirements, not project success in itself.

5. The Right to Updates and Accountability

You, as an investor, are entitled to:

• Regular update of the employment creation and project status
• Finances disclosure, fund utilization and return on investment
• Procedures to report complaints or clarify matters

Regular updating of investors by quality Regional Centers and project developers.

6. Right to Exit Strategies and Return of Capital

You are entitled to be informed:

• When and how your capital investment will be repatriated upon completion of conditional residency period
• Terms for repayment or reinvestment
• What happens in case of delay or failure of the project

Detailed exit plans have to be provided in offering documents, but capital has to remain “at risk” under conditional residency.

7. Right of Legal Recourse

If you believe your rights have been abused—either through fraud, misrepresentation, or contract violation—you may:

• Complain to the U.S. Securities and Exchange Commission (SEC) or United States Citizenship and Immigration Services (USCIS)
• Seek resolution by mediation, arbitration, or litigation as provided
• Join or initiate legal action if warranted

Investor protections under U.S. law remain available throughout the process.

Investment in the EB-5 program is a personal and financial decision. With knowledge of your rights, you empower yourself to make wise decisions, minimize risk, and create your own pathway to U.S. residency. Stay proactive, ask questions, and seek guidance—it’s your investment, your future, and your right to be protected every step of the way.

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