EB5AN recently hosted an in-person educational event in the Bay Area for H-1B visa holders and other temporary professionals exploring the EB-5 Immigrant Investor Program. The event provided a comprehensive overview of how the EB-5 process works, from selecting an immigration attorney to understanding job creation requirements and Green Card timelines.
The session was led by EB5AN Managing Partner Sam Silverman, who walked attendees step by step through the process of filing an EB-5 petition and addressed common concerns about processing times, project selection, and immigration risk.
Beginning the EB-5 Process
Conducting Due Diligence and Selecting a Project
Filing the Petition and Receiving Immigration Benefits
How EB-5 Job Creation Is Calculated
Financial Performance Versus Immigration Compliance
Key Takeaways for H-1B Professionals
1. Beginning the EB-5 Process
The discussion began with what was emphasized as the most important first step: retaining an experienced EB-5 immigration attorney.
Before selecting a project, prospective investors were encouraged to interview multiple attorneys and choose one with substantial experience handling EB-5 petitions, ideally for applicants with similar financial backgrounds. Once retained, the attorney begins the source of funds documentation process, one of the most detailed components of an EB-5 petition.
Investors must demonstrate exactly how their investment capital was lawfully obtained. This may include income reflected on W-2 forms, tax returns, stock appreciation, RSUs, the sale of property, mortgage proceeds, inheritance, or gifts from family members. As long as the funds were legally sourced and taxes were properly paid, they can generally qualify. However, documenting the flow of funds into the investor’s account requires careful preparation and organization.
Even highly organized applicants typically need four to eight weeks to complete this documentation process. Cases involving overseas transfers or gifted funds from relatives abroad may take longer. Only after the attorney confirms that the funds are fully documented and consolidated into a single account should the investor move forward with selecting a project.
2. Conducting Due Diligence and Selecting a Project
Once the source of funds process is complete, investors can begin evaluating EB-5 regional center projects. Attendees were encouraged to conduct thorough due diligence by reviewing offering documents, financial statements, and economic reports, as well as scheduling calls to ask detailed questions and, when possible, visiting project sites.
A significant portion of the discussion focused on the difference between rural and urban EB-5 projects. Under current regulations, rural projects benefit from priority processing. Based on recent government statistics referenced during the event, rural petitions are significantly more likely to be adjudicated within one year compared to urban petitions.
Current trends indicate that rural project approvals are averaging approximately nine to eleven months, while urban projects may take closer to one and a half to two years due to the absence of priority processing. The distinction is not about quality or eligibility, but rather government prioritization of rural investments.
3. Filing the Petition and Receiving Immigration Benefits
After selecting a project and finalizing documentation, the attorney prepares and files the I-526E petition, combining the investor’s source of funds evidence with the project’s previously filed documentation.
Once the petition is filed, investors may remain legally in the United States and apply for work authorization and advance parole for travel. Recent processing trends suggest that work and travel permits are being issued in approximately four to six months, although validity periods have shifted from five years to closer to two years in more recent issuances.
Upon approval of the EB-5 petition, investors complete fingerprinting and receive a two-year conditional Green Card. Within the final 90 days of that two-year period, they must file Form I-829 to demonstrate that the required jobs were created. Approval of the I-829 petition results in a 10-year permanent Green Card. After holding permanent residency for five years in total, investors may apply for U.S. citizenship through naturalization if they choose.
4. How EB-5 Job Creation Is Calculated
One of the most interactive portions of the event focused on job creation, a topic that often causes confusion among prospective investors.
Each EB-5 investor must demonstrate the creation of at least 10 jobs. However, in regional center projects, job creation is calculated through economic modeling rather than by counting individual employees.
Job creation is based on project expenditures using the RIMS II economic model. When a project spends money on construction or generates revenue in a specific geographic area, that spending is translated into projected job creation numbers. These projections include direct, indirect, and induced jobs.
Importantly, the government does not review payroll records or verify individual W-2 forms in these cases. Instead, the focus is on whether the required capital was spent in accordance with the project’s plan. If a project spends the funds as intended, it receives the corresponding job credit under the economic model.
Another key clarification addressed timing. If a project began construction before an investor joined, that investor may still receive credit for jobs created during the broader project timeline, provided the expenditures fall within the approved job creation period. Job credit is also based on the total project cost, not solely the EB-5 capital. Bank financing and developer equity contribute to overall job creation calculations.
5. Financial Performance Versus Immigration Compliance
Attendees also asked what happens if a project performs poorly financially.
The distinction Sam Silverman explained during the event was between economic success and immigration compliance. The government’s primary concern is whether the capital was placed at risk and whether sufficient jobs were created. Profitability is not a determining factor in Green Card approval.
In many cases, projects are structured with a job cushion, meaning the projected number of jobs significantly exceeds the minimum required for investors. This buffer provides additional immigration security even if the project does not complete every phase or experiences financial challenges after construction.
As long as the capital is deployed and enough qualifying expenditures occur to generate the required jobs, the immigration requirements may be satisfied regardless of the project’s ultimate financial outcome.
6. Key Takeaways for H-1B Professionals
For H-1B visa holders facing long employment-based backlogs and uncertainty, the EB-5 program offers a self-directed path to permanent residence. The program provides work and travel flexibility after filing, potential priority processing through rural investments, and a job creation methodology based on economic modeling rather than direct payroll counts.
The event emphasized that successful EB-5 participation requires careful legal preparation, disciplined due diligence, and a clear understanding of how job creation and project timelines align with immigration requirements.
By combining experienced immigration counsel with thoughtful project selection, investors can navigate both the immigration and financial aspects of the EB-5 program with greater clarity and confidence.
More than 2,700 families from over 70 countries have selected EB-5 projects sponsored by EB5AN regional centers. Our expert team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.
If you would like to know more about your EB-5 investment options, book a free call with our expert team today.
