{"id":180125,"date":"2021-10-05T10:48:44","date_gmt":"2021-10-05T10:48:44","guid":{"rendered":"https:\/\/yellowgreen-hornet-733785.hostingersite.com\/faq\/what-is-the-success-rate-for-eb-5-investors-obtaining-visas\/"},"modified":"2026-03-31T13:05:35","modified_gmt":"2026-03-31T13:05:35","slug":"what-is-the-success-rate-for-eb-5-investors-obtaining-visas","status":"publish","type":"faq","link":"https:\/\/eb5visainvestments.com\/ar\/faq\/visa-availability\/what-is-the-success-rate-for-eb-5-investors-obtaining-visas\/","title":{"rendered":"What is the Visa Success Rate for EB-5 Investors?"},"content":{"rendered":"<p>The EB 5 immigrant investor visa program is one of the quickest and most reliable ways to receive a U.S. green card. An investor, their spouse, and all of their unmarried children under the age of 21 can be eligible to receive permanent residency status in the United States for a single investment.<br \/>\nThrough an EB-5 investment, families can live, work, travel, and study anywhere in the United States, without restrictions. Plus, EB 5 immigrant investors who have achieved green card status can apply for full U.S. citizenship just five years after establishing permanent residency.<br \/>\n<iframe src=\"https:\/\/www.youtube.com\/embed\/47cljNT2Wz4?rel=0;&amp;autoplay=1&amp;mute=1&amp;loop=1&amp;\" width=\"100%\" height=\"678\" frameborder=\"0\" allowfullscreen=\"allowfullscreen\"><\/iframe><br \/>\nWhile the EB 5 process is certainly complicated and requires the help of an immigration attorney, historic data on the EB 5 success rate promises that, for the majority of eligible EB 5 immigrant investors, the process will be worth it.<br \/>\nIn this article, we are going to cover everything that an immigrant investor needs to know to successfully obtain an EB-5 investment visa and establish U.S. permanent residency for their family.<\/p>\n<div class=\"form-guide\">\n<h6>What is the Success Rate for EB-5 Investors Obtaining Visas?<\/h6>\n<ul class=\"form-guide-list\">\n<li style=\"list-style-type: none;\">\n<ul class=\"form-guide-list\">\n<li id=\"subheading11\">\n<h6 id=\"heading3\"><a href=\"#h1\">The EB-5 Investor Visa \u2013 A Summary<\/a><\/h6>\n<ul class=\"form-guide-list\">\n<li id=\"subheading11\"><a href=\"#h2\">\u201cAt-Risk\u201d Investments<\/a><\/li>\n<li id=\"subheading12\"><a href=\"#h3\">Targeted Employment Areas<\/a><\/li>\n<li id=\"subheading13\"><a href=\"#h4\">Regional Centers<\/a><\/li>\n<li id=\"subheading14\"><a href=\"#h5\">Prove the Investment: Form I-526<\/a><\/li>\n<li id=\"subheading15\"><a href=\"#h6\">Moving In: Conditional Permanent Residency<\/a><\/li>\n<li id=\"subheading17\"><a href=\"#h7\">One Last Step: Removal of Conditions<\/a><\/li>\n<\/ul>\n<h6 id=\"heading3\"><a href=\"#h8\">What The Statistics Tell Us<\/a><\/h6>\n<h6 id=\"heading2\"><a href=\"#h9\">Comprehensive Due Diligence \u2013 The Essential Ingredient to EB-5 Investor Success<\/a><\/h6>\n<h6 id=\"heading2\"><a href=\"#h10\">Petition Denial \u2013 Why Does It Happen And What Can You Do About It?<\/a><\/h6>\n<h6 id=\"heading2\">Doing It Right the First Time Will Result In Success<\/h6>\n<ul class=\"form-guide-list\">\n<li id=\"subheading11\"><a href=\"#h12\">I-526 Best Practices<\/a><\/li>\n<li id=\"subheading12\"><a href=\"#h13\">I-829 Best Practices<\/a><\/li>\n<\/ul>\n<h6 id=\"heading3\"><a href=\"#h14\">What Are The Odds Of Success<\/a><\/h6>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<\/div>\n<h3 id=\"h1\">The EB-5 Investor Visa: A Summary<\/h3>\n<p>The EB-5 Immigrant Investor Program is a federal immigration program designed to encourage investment in new businesses and communities in need of economic development throughout the United States.<br \/>\nThe program is administered by United States Citizenship and Immigration Services (USCIS), which is itself a branch of the U.S. Department of Homeland Security (DHS).<br \/>\nImmigrant investors must make a minimum investment of $1,050,000 in a new commercial enterprise and prove that their investment created or preserved 10 full-time jobs for U.S. workers, jobs that each last a minimum of two years.<\/p>\n<h4 id=\"h2\">\u201cAt-Risk\u201d Investments<\/h4>\n<p>The EB 5 investment must be \u201cat risk\u201d for those two years. This does not mean that the investor must make a \u201crisky\u201d investment. In fact, investors are strongly encouraged to perform due diligence when selecting an EB-5 project.<br \/>\n\u201cAt risk\u201d simply means that an EB 5 investment must be a real investment, with the capital irrevocably committed, and not a guaranteed return.<br \/>\nEB5AN provides a free <a href=\"https:\/\/eb5affiliatenetwork.com\/eb-5-project-risk-questionnaire\/\" target=\"_blank\" rel=\"noopener\">EB-5 Project Risk Assessment Questionnaire<\/a> tool to help immigrant investors choose the best EB 5 project for their green card needs.<\/p>\n<h4 id=\"h3\">Targeted Employment Areas<\/h4>\n<p>The required minimum investment is lowered to $800,000 if the chosen new commercial enterprise\u2013 or \u201cEB 5 project\u201d\u2013 is located in a targeted employment area (TEA).<br \/>\nTEAs are either rural areas or areas of high unemployment, as designated by U.S. census data and USCIS criteria.<br \/>\nEB5AN keeps a <a href=\"https:\/\/eb5affiliatenetwork.com\/eb-5-tea-map\/\" target=\"_blank\" rel=\"noopener\">free TEA map<\/a> on its website that is always up-to-date.<\/p>\n<h4 id=\"h4\">Regional Centers<\/h4>\n<p>A <a href=\"https:\/\/eb5visainvestments.com\/regional-centers\/\" target=\"_blank\" rel=\"noopener\">regional center<\/a> is an independent EB-5 \u201cagency\u201d licensed by USCIS to pool multiple EB-5 investments into larger projects and manage the investments of multiple immigrant investors.<br \/>\nThe overwhelming majority of investors choose to invest in an new commercial enterprise through the EB-5 Regional Center program. Investing through regional centers allows immigrant investors significant advantages over an independent or \u201cdirect\u201d investment.<br \/>\nIf immigrant investors invest through EB-5 regional centers, they can count both direct job creation and indirect job creation towards their required 10 jobs. If they invest in a new commercial enterprise independently, investors can only count direct jobs.<br \/>\n\u201cDirect jobs\u201d refers to those employees hired directly by a new commercial enterprise under a W-2 tax form, such as construction workers.<br \/>\n\u201cIndirect jobs\u201d are created by a regional center project\u2019s overall economic impact, and make it much easier for investors to create the required employment and obtain their green cards.<\/p>\n<h4 id=\"h5\">Prove the Investment: Form I-526<\/h4>\n<p>After the investor makes the qualifying EB 5 investment, they consult with an immigration attorney to file either:<\/p>\n<ul>\n<li><a href=\"https:\/\/www.uscis.gov\/i-526\" target=\"_blank\" rel=\"noopener\">Form I-526<\/a>, Immigrant Petition by a Standalone Investor (used by direct investors)<\/li>\n<li><a href=\"https:\/\/www.uscis.gov\/i-526e\" target=\"_blank\" rel=\"noopener\">Form I-526E<\/a>, Immigrant Petition by a Regional Center Investor<\/li>\n<\/ul>\n<p>Immigrant investors file either Form I-526 or Form I-526E to demonstrate to USCIS their compliance with all tenets and laws of the EB 5 visa program.<br \/>\nThe approval rate for I-526 petitions generally ranges from about 75% to above 80%.<br \/>\nBoth of these forms require investors to provide supporting documentation about themselves, their finances, and all aspects of their EB 5 investment. For instance, investors must prove that all of the funds used in their EB-5 investment were \u201c<a href=\"https:\/\/eb5affiliatenetwork.com\/understanding-eb-5-source-of-funds-requirements\/\" target=\"_blank\" rel=\"noopener\">lawfully sourced<\/a>\u201d.<br \/>\nWhether investors are filing Form I-526 or Form I-526E, the evidence and documentation required to prove EB-5 compliance can be daunting, especially since every EB-5 investment and investor are different.<br \/>\nEB5AN strongly encourages immigrant investors to consult with an immigration attorney for help compiling and submitting an I-526 or I-526E petition.<\/p>\n<h4 id=\"h6\">Moving In: Conditional Permanent Residency<\/h4>\n<p><img decoding=\"async\" src=\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2022\/12\/FAQ-4_image-1.jpg\" \/><br \/>\nOnce an immigrant investor\u2019s I-526 or I526E petition is approved by USCIS, the investor and all of their eligible family members can apply for <a href=\"https:\/\/eb5affiliatenetwork.com\/eb-5-conditional-permanent-resident-status\/\" target=\"_blank\" rel=\"noopener\">conditional permanent residence<\/a> status in the United States. They receive conditional green cards.<br \/>\nThe \u201cconditions\u201d of conditional permanent residency are that the green card is only valid for two years, and cannot be renewed.<br \/>\nInvestors must apply for removal of conditions before the expiration of their two-year green card.<br \/>\nAfter I-526 petition approval, investors apply for conditional permanent resident status green card by one of two forms:<\/p>\n<ul>\n<li><a href=\"https:\/\/www.uscis.gov\/i-485\" target=\"_blank\" rel=\"noopener\">Form I-485<\/a>, Application to Register Permanent Residence or Adjust Status\n<ul style=\"list-style-type: circle;\">\n<li>This petition is for investors who are already lawfully residing in the United States.<\/li>\n<li>This form can be filed concurrently with an investor\u2019s I-526E petition.<\/li>\n<\/ul>\n<\/li>\n<li><a href=\"https:\/\/travel.state.gov\/content\/travel\/en\/us-visas\/visa-information-resources\/forms\/online-immigrant-visa-forms.html\" target=\"_blank\" rel=\"noopener\">Form DS-260<\/a>, Immigrant Visa and Alien Registration Application\n<ul style=\"list-style-type: circle;\">\n<li>This petition is for immigrant investors who do not already have an immigrant visa. Foreign investors residing overseas, not in the United States, must fill out this petition.<\/li>\n<li>Form DS-260 is not administered by USCIS, but by the U.S. Department of State\u2019s Bureau of Consular Affairs.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<h3 id=\"h7\">One Last Step: Removal of Conditions<\/h3>\n<p>During the final 90 days of an investor\u2019s two-year conditional permanent residence, EB-5 immigrant investors must file the following:<\/p>\n<ul>\n<li><a href=\"https:\/\/www.uscis.gov\/i-829\" target=\"_blank\" rel=\"noopener\">Form I-829<\/a>, Petition by Investor to Remove Conditions on Permanent Resident Status\n<ul style=\"list-style-type: circle;\">\n<li>This form is to remove all conditions from their conditional green card to become a full permanent resident of the United States.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p>The approval rate for I-829 petitions is generally above 90%.<br \/>\nOnce approved, the investor, their spouse, and their eligible children each receive green cards, granting them full permanent residence in the United States.<br \/>\nThis marks the completion of the EB-5 visa process.<br \/>\nFive years after first receiving conditional permanent resident status, investors, their spouses, and their eligible children can even apply to become <a href=\"https:\/\/eb5affiliatenetwork.com\/basics-us-citizenship\/\" target=\"_blank\" rel=\"noopener\">naturalized citizens<\/a> of the United States, if they choose.<\/p>\n<h3 id=\"h8\">What The Statistics Tell Us<\/h3>\n<p>USCIS is the U.S. federal government agency that administers and processes nearly all forms and petitions for the EB-5 Immigrant Investor Program, as well as all other citizenship and immigration visas, such as H-1B or refugee status.<br \/>\nUSCIS keeps current and historical records of processing times and approval rates for each petition, with data points sometimes stretching back decades. USCIS publishes quarterly and annual EB-5 petition processing statistics on its <a href=\"https:\/\/eb5affiliatenetwork.com\/basics-us-citizenship\/\" target=\"_blank\" rel=\"noopener\">Immigration and Citizenship Data<\/a> page for Forms I-526E, I-485, I-829, and nearly all other EB 5 visa forms.<br \/>\nThe success rate for EB-5 investors obtaining visas fluctuates, as it is influenced by factors such as operational changes within the Immigrant Investor Program Office (IPO), the office within USCIS which administers the EB-5 program, and the completeness and accuracy of the petitions submitted.<br \/>\n<img decoding=\"async\" src=\"https:\/\/eb5visainvestments.com\/wp-content\/uploads\/2022\/12\/FAQ-4_image-2.jpg\" \/><br \/>\nHistorical processing data shows us that the 2020-2022 global COVID-19 pandemic had an adverse effect on U.S. immigration, visa, and travel programs, including the EB 5 visa program.<br \/>\nBecause of the pandemic and the global shutdown, USCIS processing times shot up 40% year over year from FY2020 to FY2021.<br \/>\nApproval rates, however, have historically trended quite constant. The pandemic did not severely impact the rate of approval, only the time it took to process.<br \/>\nThe USCIS website also has <a href=\"https:\/\/www.uscis.gov\/tools\/reports-and-studies\/understanding-our-data\" target=\"_blank\" rel=\"noopener\">an overview of USCIS data<\/a> to facilitate a better understanding of how to read their processing records.<\/p>\n<h3 id=\"h9\">Comprehensive Due Diligence: The Essential Factor for EB-5 Investor Success<\/h3>\n<p>It is vital for immigrant investors to perform their due diligence on an EB-5 project.<br \/>\nInvestors need to confirm whether or not a potential EB-5 project will allow them to fulfill the requirements of the EB-5 visa program.<br \/>\nInvestors should also confirm whether or not they can reasonably expect to see a return on their EB-5 investment, if and when the project turns a profit.<br \/>\nRegional center investors need to conduct due diligence on the regional center itself as well as the EB-5 project and its project developers.<br \/>\nIn order to ensure due diligence, EB-5 immigrant investors should consider the following factors:<\/p>\n<ul>\n<li>Has the regional center had any successful visa petitions among past investors?<\/li>\n<li>How long has the regional center been in operation?<\/li>\n<li>Has USCIS officially approved the regional center\u2019s EB-5 project?<\/li>\n<li>Can the investor\u2019s chosen EB 5 project support the required number of jobs?<\/li>\n<li>Does the regional center have an investment fund redeployment plan?<\/li>\n<\/ul>\n<h3 id=\"h10\">Petition Denial: Why Does It Happen And What Can You Do About It?<\/h3>\n<p>Immigrant investors who perform due diligence from the start are usually successful throughout the entire EB 5 process. When application denials do occur, it is usually because of a problem with their documentation or failure to follow USCIS guidelines.<br \/>\nCommon reasons for <a href=\"https:\/\/eb5affiliatenetwork.com\/common-reasons-for-eb-5-petition-denial\/\" target=\"_blank\" rel=\"noopener\">petition denial<\/a> include:<\/p>\n<ul>\n<li>Investing the incorrect amount\n<ul style=\"list-style-type: circle;\">\n<li>Investing less than the required minimum\u2013 $1,050,000; or $800,000 if located in a targeted employment area\u2013 will result in denial.<\/li>\n<\/ul>\n<\/li>\n<li>Investing in a project that is not eligible for the EB-5 program\n<ul style=\"list-style-type: circle;\">\n<li>Due diligence on whether your regional center EB-5 investment will actually create or preserve 10 full-time jobs is crucial.<\/li>\n<\/ul>\n<\/li>\n<li>Purposely misrepresenting information presented in an EB-5 application<\/li>\n<li>Inaccuracies and inconsistencies in the information included in a petition or its supporting documents\n<ul style=\"list-style-type: circle;\">\n<li>Proving an investor meets the <a href=\"https:\/\/eb5visainvestments.com\/2020\/04\/14\/how-can-eb-5-investors-prove-the-lawful-sources-of-their-investment-capital\/\" target=\"_blank\" rel=\"noopener\">lawful source of funds<\/a> requirement can be extremely time-consuming and tricky, depending on the source of funds. Many I-526 petitions get denied for this reason.<\/li>\n<\/ul>\n<\/li>\n<li>Children getting married or aging out of the program\n<ul style=\"list-style-type: circle;\">\n<li>When investors file their I-526 petitions, USCIS \u201cfreezes\u201d the dependent children\u2019s ages until their I-526 or I-526E application is approved.<\/li>\n<li>Depending on the investor\u2019s country, getting visa appointments at a U.S consulate and embassy can be a very long wait.<\/li>\n<li>Waiting too long to start the EB-5 process, or to file Forms I-526 or I-526E, can result in children aging out.<\/li>\n<li>A child\u2019s ineligibility won\u2019t impact the rest of their family\u2019s eligibility.<\/li>\n<\/ul>\n<\/li>\n<li>Previous criminal convictions or security-related concerns\n<ul style=\"list-style-type: circle;\">\n<li>Background checks and full disclosure of court orders or convictions are required for all applicants.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<h3 id=\"h11\">The Importance of Careful Preparation<\/h3>\n<p>Preparation is key to making a successful EB 5 investment and achieving permanent residency. To increase the likelihood of successfully obtaining an EB5 investment visa, applicants should understand what each petition entails.<\/p>\n<h4 id=\"h12\">I-526 Best Practices<\/h4>\n<p>Accompanying documentation is key when <a href=\"https:\/\/eb5visainvestments.com\/2020\/11\/11\/compiling-an-i-526-petition-what-eb-5-investors-should-expect\/\" target=\"_blank\" rel=\"noopener\">compiling an I-526 petition<\/a>.<\/p>\n<ul>\n<li>New Commercial Enterprise\n<ul style=\"list-style-type: circle;\">\n<li>The new commercial enterprise must be eligible for the EB-5 program. Evidence can include articles of incorporation, limited partnership agreements, state business certificates, joint venture agreements, etc.<\/li>\n<\/ul>\n<\/li>\n<li>Investment\n<ul style=\"list-style-type: circle;\">\n<li>The investor must prove they have already irrevocably committed their capital. Evidence could include: bank statements, loan certificates, security agreements, promissory notes, etc.<\/li>\n<\/ul>\n<\/li>\n<li>Lawful Source of Funds\n<ul style=\"list-style-type: circle;\">\n<li>The investor must prove the money for investment was lawfully obtained. Potential evidence includes:<\/li>\n<li>Bank statements, tax returns, securities statements, pay stubs, etc.<\/li>\n<\/ul>\n<\/li>\n<li>Investor Involvement\n<ul style=\"list-style-type: circle;\">\n<li>The investor must be involved to a degree in the management of the new commercial enterprise. Evidence could include:<\/li>\n<li>Corporate documents, a description of the investor\u2019s business duties.<\/li>\n<\/ul>\n<\/li>\n<li>Required Jobs\n<ul style=\"list-style-type: circle;\">\n<li>The investment must create or preserve 10 full-time jobs. Evidence can include :<\/li>\n<li>A business plan with a hiring timetable, or an economic report that clearly demonstrates that the jobs will be created.<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n<p>Immigration attorneys usually prepare Form I-526 or I-526E on behalf of immigrant investors.<\/p>\n<h4 id=\"h13\">I-829 Best Practices<\/h4>\n<p>This final step in the EB 5 process also requires accompanying documentation to prove total compliance with program regulations:<\/p>\n<ul>\n<li>Copies of family\u2019s green cards<\/li>\n<li>Five years\u2019 tax returns for the new commercial enterprise.<\/li>\n<li>Proof of investment such as financial statements, bank statements.<\/li>\n<li>Proof of required employment creation.<\/li>\n<li>USCIS-required fees\u2014 filing fees, biometrics fees, etc.<\/li>\n<li>Evidence of the investment creating jobs could include: W-2 forms, invoices, I-9 info, financial statements, receipts and proof of expenditures or payment.<\/li>\n<\/ul>\n<p>When preparing Form I-829, applicants should track metrics in the original economic model from the beginning, and keep clear records of hard and soft costs, operational revenue numbers, jobs created, and cash flow.<br \/>\nWorking with both an immigration attorney and a professional EB 5 consultant is recommended to ensure compliance with all the various forms and deadlines throughout the EB-5 visa process.<\/p>\n<h3 id=\"h14\">What Are The Odds Of EB-5 Visa Success?<\/h3>\n<p>Because the EB-5 program may be more complicated than it appears, especially when it comes to processes such as proving the sources of EB-5 investment funds and calculating job creation numbers, it may be best to approach an EB-5 professional for assistance.<br \/>\nEB5AN also offers valuable <a href=\"https:\/\/eb5affiliatenetwork.com\/resources\/\" target=\"_blank\" rel=\"noopener\">EB-5 resources<\/a> that demystify the EB-5 visa process.<br \/>\nIf immigrant investors follow the above points\u2013 carefully compile all required documentation with an attorney and\/or EB 5 professional and vigorously track metrics from the initial new commercial enterprise economic model\u2013 an investor and their family should reasonably be able to receive green cards.<br \/>\n<a href=\"https:\/\/go.oncehub.com\/samsilverman2\" target=\"_blank\" rel=\"noopener\">Reach out to EB5AN<\/a> to learn how we can help you to increase your chances of immigration success through the EB- 5 program.<\/p>\n","protected":false},"featured_media":53076,"parent":0,"template":"","meta":{"_acf_changed":false},"faq-topic":[192],"class_list":["post-180125","faq","type-faq","status-publish","has-post-thumbnail","hentry","faq-topic-visa-availability"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/faq\/180125","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/faq"}],"about":[{"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/types\/faq"}],"version-history":[{"count":0,"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/faq\/180125\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/media\/53076"}],"wp:attachment":[{"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/media?parent=180125"}],"wp:term":[{"taxonomy":"faq-topic","embeddable":true,"href":"https:\/\/eb5visainvestments.com\/ar\/wp-json\/wp\/v2\/faq-topic?post=180125"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}