EB-5 Visa Investor FAQ

The EB-5 program allows eligible foreign investors and their immediate family (spouse and unmarried children under 21) to apply for U.S. permanent residency (a Green Card) by investing in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

As of 2024, the minimum investment is $800,000 if the project is in a Targeted Employment Area (TEA: rural or high-unemployment area), or $1,050,000 for non-TEA projects.

Your spouse and unmarried children under 21 years old can be included as derivative beneficiaries on your EB-5 petition and receive Green Cards with you.

Processing times vary by country and project type. As of mid-2024, Form I-526E (initial petition) processing can take 12–36 months. After approval, adjustment of status or consular processing may take several more months. Rural and infrastructure projects may qualify for priority processing.

The investment must be “at risk” for immigration purposes, meaning there is no guarantee of return. Risks include project failure, loss of capital, or not meeting job creation requirements, which could result in denial of permanent residency.

A Regional Center is a USCIS-approved organization that sponsors EB-5 projects and pools investor funds. Most investors use Regional Centers because they allow for indirect job creation and less day-to-day management. Direct EB-5 is also possible but requires active involvement.

You must provide clear documentation showing that your investment funds were obtained lawfully and transferred through legal channels. This may include tax returns, bank statements, sale of property, business earnings, gifts, or inheritance, along with supporting documents.

Yes. Once you receive conditional permanent residency, you and your family can live, work, and study anywhere in the United States, regardless of the location of your EB-5 investment project.

Your investment must remain “at risk” until you have completed the EB-5 process and received permanent residency (after I-829 approval). Most projects return capital after 5–7 years, but timelines vary. There is no guarantee of repayment.

If your I-526E petition is denied, most Regional Centers will return your investment principal (minus fees), but this is not guaranteed. Carefully review refund policies before investing. You may also appeal or refile, depending on the reason for denial.