EB-5 Green Card FAQ - Immigrant Investor Program
We guide investors and their families through every stage of the EB‑5 process from selecting a qualifying investment to securing conditional and permanent residency — with strategies tailored to meet USCIS requirements and protect your immigration and financial goals.
What is the EB-5 visa?
The EB-5 Immigrant Investor Visa allows foreign nationals to obtain U.S. permanent residency (green card) by:
- Investing in a U.S. business, and
- Creating at least 10 full-time jobs for U.S. workers
It is a direct path to a green card for the investor, their spouse, and unmarried children under 21.
What are the EB-5 investment requirements?
The investor must:
- Invest $1.05 million, or
- Invest $800,000 in a Targeted Employment Area (TEA) or infrastructure project
- Show that the investment will create or preserve at least 10 full-time jobs for U.S. workers within two years
What is a Targeted Employment Area (TEA)?
A TEA is:
- A rural area, or
- An area with high unemployment (at least 150% of the national average)
TEAs qualify for the lower investment threshold of $800,000.
What is a Regional Center?
A Regional Center is a USCIS-approved economic unit that:
- Sponsors EB-5 investment projects
- Allows investors to pool funds into larger projects
- Enables indirect job creation to count toward the 10-job requirement
Investing through a Regional Center is often passive, while direct EB-5 requires active business involvement.
What are the steps in the EB-5 process?
Yes. E-2 investors can:
- Choose a project and invest the required funds
- File Form I-526E (for Regional Center investors) or I-526 (for direct investment)
-
Upon approval, either:
- File Form I-485 to adjust status (if in the U.S.), or
- Go through consular processing abroad
- Receive a 2-year conditional green card
- After 2 years, file Form I-829 to remove conditions and get permanent resident status
What is a “conditional” green card?
EB-5 green cards are initially issued as 2-year conditional permanent resident cards. You must file Form I-829 within the 90-day window before it expires to:
- Prove the investment remained in place, and
- Prove that the 10 required jobs were created
Can my family come with me on an EB-5 visa?
Yes. Your:
- Spouse, and
- Unmarried children under 21
can also receive green cards and work, study, or live anywhere in the U.S.
How long does the EB-5 process take?
Timelines vary but generally include:
- I-526/I-526E processing: 12–24 months (can vary widely)
- Consular processing or adjustment of status: 6–12 months
- Conditional residency period: 2 years
- I-829 (removal of conditions): 24+ months
Some countries (e.g., China, India) face visa backlogs, which can increase wait times due to annual limits.
Is there a fast-track option?
Yes. Certain EB-5 categories now qualify for priority processing, especially:
- Rural TEA investments
- Infrastructure projects
- High-unemployment TEAs (some)
Investors in these categories may benefit from reserved visa set-asides and faster adjudication.
Can I work for my EB-5 business?
Yes, especially in direct EB-5 investments, where the investor may play a managerial role. In Regional Center projects, active involvement is usually not required.
What if the business fails?
If the business fails:
- Your green card may be at risk unless the required jobs were created and the investment was sustained
- If the jobs weren’t created, Form I-829 may be denied
This is why due diligence and working with EB-5 professionals is critical.
Is the EB-5 visa permanent?
Yes, after the 2-year conditional period, you can apply to remove conditions and obtain a 10-year renewable green card, which is a permanent resident status.
- Investment not being substantial or "at risk"
- Business not being viable or marginal
- Applicant not having the appropriate nationality
- Failure to show intent to depart the U.S. upon visa expiration
Can I become a U.S. citizen through EB-5?
Yes. After receiving a green card, you may apply for U.S. citizenship after 5 years of permanent residency (including time under conditional status), provided you meet naturalization criteria.
What are the risks of EB-5?
- Investment risk: Your capital must be “at risk” per USCIS rules.
- Immigration risk: If jobs are not created or rules are not followed, your green card could be denied.
- Project risk: Poorly managed projects may fail.
Always conduct due diligence and work with qualified attorneys and investment professionals.
Can I invest through a loan or gift?
Yes, but:
- The investment funds must be lawfully sourced, and
- You must prove the gift or loan was not secured by the EB-5 business itself
USCIS will closely scrutinize the source and path of funds.
Can I live anywhere in the U.S. on an EB-5 visa?
Yes. You can live, work, and travel freely in the U.S. regardless of where your investment is located. There is no requirement to live near the business.
Can I use cryptocurrency or foreign assets as my investment?
Possibly. USCIS accepts funds from cryptocurrency or other assets, but you must provide clear documentation showing:
- Lawful source of funds
- Proof of liquidation or transfer to U.S. dollars
- Legal compliance with both U.S. and foreign laws
Can I apply for EB-5 while on a nonimmigrant visa (e.g., F-1 or H-1B)?
Yes. Many investors apply while on valid visas. You may be able to adjust status (Form I-485) once your I-526 is approved and a visa is available.
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