The EB-5 Immigrant Investor Program offers foreign nationals a unique way to get a U.S. Green Card and secure lawful permanent residency. The program offers prospective investors a pathway to permanent residency by making a qualifying investment that will create jobs and encourage economic growth.
But how successful is the EB-5 process, and what factors increase your likelihood of approval?
While the EB-5 program has a solid track record of approvals, success depends mainly on making informed decisions. Choosing the right investment project, providing accurate documentation, and understanding the challenges of the EB-5 process are all important factors to take into consideration.
This article will explore what influences EB-5 visa success, highlighting how the right decisions can increase your chances of receiving your U.S. Green Card and your investment capital.
Introduction to the EB-5 Visa
Success Rates for the EB-5 Program
Factors That Affect EB-5 Success
How EB5AN Can Help You Succeed
Introduction to the EB-5 Visa
To qualify for an EB-5 visa, you must invest in a new commercial enterprise (NCE) that creates at least 10 full-time jobs for U.S. workers. The minimum investment amount is $800,000 if the project is located in a targeted employment area (TEA).
While the EB-5 program provides a direct path to lawful permanent resident status in the U.S., the approval process can be complex. Success depends on the project as well as how prepared you are for your application.
By understanding the EB-5 process and making informed choices, you will have a greater chance of success.
Success Rates for the EB-5 Program
The approval rate for the EB-5 visa is generally high, but it can vary based on certain factors like project selection and documentation quality. Recent data from the United States Citizenship and Immigration Services (USCIS) shows that the approval rate for Form I-526E (the petition used by most EB-5 investors) was 98% in FY2024, with an increase in approval numbers by 143% from FY2023. Of course, the more well-prepared a person’s application is, the higher their chance of approval—and conversely, this approval rate drops for applications with errors or omissions.
Well-prepared applications also lead to faster processing times, as applicants don’t have to respond to items like NOIDs or RFEs. Indeed, processing times for Form I-526E have improved significantly in recent years, especially for rural projects. Many investors are now seeing approvals within 12 months, with some rural applications being approved in as little as 9.5 months.
Additionally, the approvals for employment authorization documents (EAD) and advance parole have become much faster. Many investors now receive approval within 90 days, and in some cases, approval has been granted in as little as 53 days. This accelerated processing is a major improvement over previous years.
Factors That Affect EB-5 Success
Several critical factors affect the success of an EB-5 investment. Below, we cover the most significant of these factors.
The Role of Investment Projects
The success of your EB-5 application greatly depends on the investment project itself. As mentioned above, USCIS requires that the funds be invested in a project that creates at least 10 full-time jobs for U.S. workers. Projects also have to meet other specific requirements, and the invested funds must be directed toward a legitimate NCE.
The most common way to participate in an EB-5 project is through a regional center, which is an organization approved by USCIS to oversee EB-5 investments. Unlike direct investment, regional centers have the advantage of pooling funds from multiple investors and counting indirect and induced jobs, which helps meet the job creation requirement.
However, not all regional center projects are the same. The quality of the project, its financial stability, and its ability to meet job creation goals are major factors that influence the success of an application.
TEAs provide additional incentives for investors, including the lower minimum investment of $800,000, compared to the typical $1,050,000 million for non-TEA projects. These projects are located in rural or high-unemployment areas.
Several characteristics of TEAs offer foreign nationals a greater chance of success. For instance, to encourage investment in TEAs, the government has set-aside visas specifically intended for these categories. Additionally, to encourage investment in rural projects in particular, USCIS has instituted priority processing of rural applications. Clearly, USCIS wants to promote—and therefore approve—applications in such projects.
And the approval rates for TEA projects reflect this. According to recent data, rural EB-5 projects have seen approval rates as high as 96%, while high-unemployment area projects have approval rates of 93%. These impressive success rates show the importance of selecting a high-quality project that aligns with USCIS guidelines and your investment goals.
The Importance of Proper Documentation
One of the most important factors in a successful EB-5 application is proper documentation. This documentation includes everything from personal documents (such as identification) to evidence showing the project you plan to invest in meets the EB-5 program’s requirements.
The most challenging part of this process typically involves the investor’s source of funds. Foreign nationals have to provide detailed documentation to prove the source of funds for their investment. This means proving that their funds come from lawful sources, such as business profits, investments, inheritance, or gifts.
Since USCIS requires transparency, any inconsistencies or missing documentation can lead to months of waiting or even a rejected application. Working with an immigration lawyer and an experienced EB-5 firm like EB5AN is vital to making sure all required documents are in order.
How EB5AN Can Help You Succeed
One of the best ways to improve your chances of success in the EB-5 process is to work with an experienced EB-5 team. EB5AN’s regional center projects have an approval rate of 100%, consistently meeting the USCIS job creation requirements. This track record shows that our projects are trustworthy and likely to meet USCIS standards, making the approval process smoother.
EB5AN’s team of experts works closely with each and every investor to make sure they are investing in the right projects and that their Form I-526E and all supporting documents are correctly prepared. This attention to detail significantly reduces the risk of delays or denials. For instance, EB5AN’s rural projects have reported an average approval time of 10.8 months, reflecting our ability to deliver successful and quick results.
If you would like to learn more about the EB-5 process, need advice on choosing the right project, or want to understand how to better ensure your chances of a successful application, feel free to book a one-on-one call with our team.
