EB-5 Visa Investor FAQs:
Your Most Common Questions Answered

If you and your family would like to live in the United States as permanent residents, the EB-5 program is likely the best way for you to get U.S. Green Cards. Crucially, though, making a successful EB-5 investment can require a significant amount of planning, especially in the initial stages.

The following FAQs cover the basics of the EB-5 program and what investors need to do to qualify for U.S. Green Cards. This resource can help you get started on the EB-5 process, avoid common pitfalls, and safeguard your investment funds and immigration goals.

The following FAQs cover the basics of the EB-5 program and what investors need to do to qualify for U.S. Green Cards. This resource can help you get started on the EB-5 process, avoid common pitfalls, and safeguard your investment funds and immigration goals.

1. What is an EB-5 visa?

An EB-5 visa grants you permanent resident status (more commonly known as a U.S. Green Card) in the United States.

Once you get your U.S. Green Card through the EB-5 program, you will be able to live and work permanently in the United States. In addition, your spouse and dependent children under the age of 21 will also receive Green Cards through your EB-5 investment.

Many foreign nationals from countries like China and India live in the United States under non-immigrant visas like the H-1B, F-1, and E-2 categories. These visas typically require applicants to fulfill highly specific criteria regarding their work, studies, or career qualifications. For example, if an H-1B worker is laid off, they may have to leave the United States on short notice.

These visas are not a permanent solution for foreign nationals who want to stay in the United States in the long term. Additionally, these visa options can be highly uncertain, with wait times ranging from a few years to several decades.

In contrast, U.S. Green Cards are permanent and allow you to live and work anywhere in the United States—without employer sponsorship or similar requirements. Green Card holders can also travel internationally with few restrictions.

While they permit you to stay in the United States permanently, U.S. Green Cards must typically be renewed every 10 years.

Seeking a low-risk, permanent immigration option, thousands of foreign nationals have chosen to apply for a U.S. Green Card through the EB-5 program. Many EB-5 investors seek new career or academic opportunities and view obtaining a Green Card as the best way to achieve these goals. Others would like their dependent children to benefit from an education in the United States and pursue careers in the country.

To qualify for U.S. Green Cards through the EB-5 program, you must make an investment of at least $800,000 in a qualifying EB-5 project. This EB-5 project must create at least 10 jobs using your investment funds.

The following FAQs will go into more detail about the requirements for EB-5 investors to receive U.S. Green Cards.

Get Started on the EB-5 Green Card Process

What to Expect From the EB-5 Program

2. How much does an EB-5 visa cost?

For EB-5 investors, the minimum investment amount is $800,000. EB-5 applicants can qualify for this minimum investment amount if they invest in EB-5 projects located in targeted employment areas (TEAs). (For more information on TEAs, see FAQ #36.)

EB-5 projects that are not located in TEAs have a minimum investment amount of $1,050,000.

Besides the investment amount itself, there are several other costs involved in applying for U.S. Green Cards through the EB-5 program. These costs include the following:

• Form I-526E filing fee: $11,160
• EB-5 Integrity Fund fee for I-526E applicants: $1,000
• Form I-829 filing fee: $9,525
• Immigration attorneys’ fees
• Regional centers’ administrative fees

3. How can I get my Green Card?

Once you—and any dependent family members—have received I-526E approval, the process for receiving your Green Card depends on where you live.

(The Green Cards EB-5 investors receive after Form I-526E approval are conditional—they are initially valid for two years. At the end of the two-year period, investors file Form I-829 to remove the conditions on their Green Cards.)

If you already live in the United States under a non-immigrant visa—such as an H-1B, F-1, E-2, or a similar visa—you can adjust your immigration status through Form I-485.

Form I-485, Application to Register Permanent Residence or Adjust Status, can be filed concurrently with your I-526E petition. Once your I-526E petition (see FAQ #14) is approved, USCIS will adjust your immigration status and approve Form I-485. You will then receive your permanent U.S. Green Card.

After your I-526E petition is approved, the wait time for I-485 approval can range from a few weeks to a few months.

If you live outside the United States, you will have to schedule a consular interview after your I-526E petition is approved. You will submit Form DS-260, Immigrant Visa Electronic Application, to receive your Green Card.

4. What are my chances of getting an EB-5 visa?

There are two main USCIS petitions in the EB-5 immigration process: Form I-526E and Form I-829.

Form I-526E is filed after you invest your funds. The I-526E petition must prove that your funds were sourced lawfully, that your funds are “at risk” (see FAQ #8), and that the EB-5 project you invested in is USCIS compliant.

The most common reason for I-526E denial is insufficient source-of-funds evidence. Your chances of I-526E approval largely depend on hiring an experienced immigration attorney with a strong track record of previous I-526E approvals.

Form I-829 is filed at the end of the two-year conditional residency period (see FAQ #3). In most cases, the EB-5 project you invested in must have created at least 10 jobs per EB-5 investor at the time USCIS reviews Form I-829.

Fulfilling the job creation requirement largely depends on an EB-5 project’s financial strength.

Therefore, it’s essential to invest in a well-capitalized EB-5 project with strong market potential.

By working with a capable immigration lawyer and investing in a USCIS-compliant, financially strong EB-5 project, you can significantly increase your chances of getting a U.S. Green Card.

5. What are the processing times for EB-5 applications?

The two main EB-5 applications are Form I-526E and Form I-829. Depending on current demand and processing availability at USCIS, the processing times for these applications can vary.

In addition, several countries have at times experienced a backlog of EB-5 applications. Investors from these countries face additional delays of months or even years.

China and India are both currently backlogged.

However, rural EB-5 projects can be a faster way for investors from backlogged countries to get approved for their initial U.S. Green Cards.

In addition, Chinese and Indian investors can qualify for set-aside visas if they invest in a rural EB-5 project. Set-aside visas allow investors from backlogged countries to avoid the delays described above.

Investors in rural projects, regardless of their nationality, also qualify for priority processing. Since this immigration benefit was introduced, many investors in rural projects have received I-526E approvals in around 12 months—or less.

In sum, the processing time for your EB-5 applications can vary depending on current demand, your nationality, and even the type of project you invest in.

Get More Info on EB-5 Processing Times

Requirements for EB-5 Investors

6. What are the EB-5 visa requirements?

The main requirements for EB-5 investors include the following:

• Invest a minimum of $800,000 in an EB-5 project located in a targeted employment area (TEA). (Non-TEA projects require a minimum investment of $1,050,000.)
• In Form I-526E, prove that your invested funds were sourced lawfully.
• The EB-5 project you invest in must create at least 10 eligible jobs using your funds.
• The EB-5 funds must be fully invested in the project and remain “at risk.” (See FAQ #8.)

7. What is the minimum EB-5 visa investment amount?

If an EB-5 project is located in a targeted employment area (TEA), the minimum investment amount is $800,000.

For EB-5 projects that are not located in a TEA, the minimum investment amount is $1,050,000.

Most EB-5 projects are located in TEAs. There are two categories of TEAs: rural and urban, the latter of which are also known as high-unemployment TEAs (See FAQ #36.)

8. What does “at risk” mean in the EB-5 program?

USCIS requires EB-5 funding to be fully invested—or “at risk”—in an EB-5 project. EB-5 investors must have a chance of experiencing both financial loss and gain as a result of their investment.

In other words, there can be no guarantee that an EB-5 investor will recover any or all of their funds. If any part of the EB-5 funding is guaranteed to be returned, the investment is non-compliant with the at-risk requirement.

There can be no contractual right to repayment, a guaranteed rate of return, or similar arrangements.

Additionally, the entire EB-5 funding must be made available to the EB-5 project entity in charge of creating jobs. This entity is known as the job-creating entity (JCE).

Chapter 2 of the USCIS Policy Manual says the following about the at-risk requirement: “To qualify as an investment, the immigrant investor must actually place his or her capital at risk. The mere intent to invest is not sufficient.”

The at-risk requirement does allow EB-5 investors to make partial investments and then file their I-526E petition. Under this arrangement, an EB-5 applicant invests part of the $800,000, files Form I-526E, and pledges to pay the remaining amount by a specified date. The remaining amount is usually secured by collateral.

In Form I-829, investors must prove that the funds remained at risk throughout the minimum investment period.

Investors should also keep in mind that the at-risk requirement does not mean that they have to invest in risky EB-5 projects.

While it’s true that EB-5 investors cannot have a contractual right to repayment of their funds, they can greatly increase their chances of a timely repayment by investing in a financially strong EB-5 project.

For example, an EB-5 project with strong market potential that has already secured all the funding needed for completion and is already profitable will be more likely to repay its investors on time.

9. Must EB-5 investors submit their personal income tax returns?

The source-of-funds documentation for Form I-526E is one of the most important requirements for EB-5 investors. If EB-5 investors do not clearly trace the source of their invested funds, USCIS may issue a request for evidence (RFE) or eventually deny the I-526E petition.

In most cases, the best practice for EB-5 investors is to submit their personal income tax returns for the past seven years, or even longer.

However, EB-5 investors from certain countries do not have access to tax returns. In this case, investors should submit a declaration from a tax professional explaining why the tax returns are unavailable and describing the investor’s tax situation.

In any case, EB-5 investors must make sure that their source-of-funds documentation is thorough and clearly proves that the funds were sourced legally. This can allow USCIS to adjudicate the I-526E petition more quickly and avoid unnecessary delays.

10. What are the EB-5 job creation requirements?

An EB-5 project must create at least 10 full-time jobs for each of its EB-5 investors. If an EB-5 investor is not credited with enough qualifying EB-5 eligible jobs, they will not be eligible for a permanent U.S. Green Card.

Therefore, job creation is one of the most important requirements for EB-5 investors.

EB-5 program policies state the following about job creation: “A petition submitted for classification as an alien entrepreneur must be accompanied by evidence that the alien has invested or is actively in the process of investing lawfully obtained capital […] which will create full-time positions for not fewer than 10 qualifying employees.”

The method an EB-5 project uses to calculate job creation depends on whether the project is sponsored by a regional center or not.

EB-5 projects that are not sponsored by a regional center are known as direct projects.

Direct projects must create standard, full-time positions that appear on the company’s payroll. These full-time jobs must be sustained for at least two years and held by individuals authorized to work in the United States.

In contrast, EB-5 projects sponsored by regional centers can also count indirect and induced jobs. Instead of standard, full-time positions, these jobs are created by an EB-5 project’s economic impact.

Regional center projects typically calculate most of their job creation based on construction spending. Construction expenditures are used as inputs in econometric models such as RIMS II.

This policy makes it easier for regional center projects to create the required 10 jobs per EB-5 investor. As a result, the vast majority of EB-5 investors choose regional center-sponsored projects.

EB-5 investors can maximize their chances of fulfilling the job creation requirement by investing in a well-capitalized EB-5 project. If an EB-5 project has already secured all the necessary financing to reach completion, it will be more likely to create 10 jobs per investor.

EB-5 investors can even invest in a project that has already created most or all of the required jobs. With such jobs retroactively applying to their investment, they further maximize their chances of success.

The EB-5 Immigration Process

11. What is the EB-5 immigration process like?

Below, we summarize the main steps in the EB-5 process, from the initial research phase to obtaining your permanent U.S. Green Card.

Get Personalized Guidance for Getting Started on the EB-5 Process

12. What are EB-5 visa processing times like?

Processing times for EB-5 investors have varied throughout the program’s 30-year history. There is no standard processing time for EB-5 investors; rather, processing times depend on several factors. These factors include USCIS’s current processing capacity, an investor’s nationality, any issues with an investor’s USCIS petition, and the type of project an investor chooses.

Several countries have at times experienced a backlog of EB-5 petitions. When a country enters an EB-5 visa backlog, investors of this nationality may have to wait for additional months or years for their U.S. Green Cards. China and India are currently in a visa backlog.

Still, investors from backlogged countries can avoid these delays by obtaining a set-aside visa by investing in a targeted employment area (TEA) project. Both rural and urban TEA projects (see FAQ #37 & #38) qualify investors for set-aside visas. However, the urban category is highly likely to become backlogged, making rural projects the safest option.

Additionally, investors in rural EB-5 projects gain priority processing. Because of this, many investors in rural projects have received I-526E approvals within 12 months, or even quicker.

Any shortcomings in an investor’s USCIS petition can cause further delays. For example, USCIS may issue a request for evidence (RFE) if the source-of-funds documentation on an investor’s Form I-526E is insufficient. This is why working with an experienced immigration attorney and being thorough throughout the petition process is so important.

13. What is Form I-526?

Form I-526, Immigrant Petition by Standalone Investor, is used by investors in direct EB-5 projects (see FAQ #34).

Since the vast majority of EB-5 investors choose regional center projects, Form I-526E is usually filed instead of Form I-526. The I-526 and I-526E petitions are similar (see FAQ #14 below).

14. What is Form I-526E?

Form I-526E, Immigrant Petition by Regional Center Investor, is the initial petition for EB-5 investors in regional center projects. USCIS uses this petition to verify that 1) an EB-5 investment has been made in an eligible, USCIS-compliant project and 2) the EB-5 funds were sourced lawfully.

EB-5 investors file Form I-526E after investing in a regional center project. In the I-526E petition, applicants must include documentary evidence that their funds have been invested in the regional center’s account.

The best way to make sure that USCIS approves the project documentation is to invest in an EB-5 project with a reliable track record. The best EB-5 projects have already received I-956F approval, meaning that USCIS has already deemed them to be compliant with their standards. If a project’s investors have already started to receive I-526E approvals, this makes it an even safer option.

The source-of-funds documentation is often one of the most challenging steps of the EB-5 process. USCIS must see clear evidence that an investor’s funds were sourced legally. The documentation included on Form I-526E must trace these funds to their source. Depending on the source of funds, this can involve numerous documents going back several years.

EB-5 applicants can fund their investments from a variety of sources, including salary payments, real estate, loans, stock proceeds, and gifts from family members. The source-of-funds documents needed will vary for each case.

We recommend working with an experienced immigration attorney with a record of several I-526E approvals. Preferably, the attorney should have experience preparing source-of-funds packages for investors from your home country.

Once your Form I-526E is approved, you will become eligible for your initial two-year U.S. Green Cards (see FAQ #11).

15. What is Form DS-260?

After receiving Form I-526E approval, EB-5 investors become eligible for their initial U.S. Green Cards. USCIS forwards approved I-526E petitions to the National Visa Center (NVC), which will then assign a case number to each investor.

If you live outside of the United States, you will have to file Form DS-260, Immigrant Visa Electronic Application, to receive your U.S. Green Card. You will have to provide your NVC case number and personal background information. This information includes the following:

• Travel documents to confirm your identity and nationality.
• Your current residence.
• Background information on your immediate family.
• History of travel to the United States.
• Employment history.
• Medical and criminal records.

Once your DS-260 petition is processed, you will receive an appointment for an interview at your home country’s U.S. consulate or embassy. If you are deemed eligible, you will then receive your Green Card and be able to relocate to the United States.

16. What is Form I-485?

Form I-485, Application to Register Permanent Residence or Adjust Status, is used by EB-5 investors who already live in the United States under non-immigrant visas. These visas include the H-1B, F-1, E-2, and TN categories.

In essence, the I-485 petition is used to adjust an applicant’s immigration status and apply for a Green Card.

When these EB-5 investors file Form I-526E, they can also file Form I-485 concurrently. This allows their immigration status to be adjusted to “pending” while their I-526E petition is being processed.

EB-5 investors who file their I-526E and I-485 petitions concurrently can apply for an employment authorization document (EAD) and an advance parole (AP) travel document. These documents allow EB-5 investors to work in the United States and travel internationally with few restrictions while their I-526E petitions are processed.

Through concurrent filing, several EB-5 investors have received EAD and APs in only weeks.

USCIS will first approve your I-526E petition. Then, once your I-485 petition is approved, you can receive your initial Green Card.

17. What is Form I-829?

Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, is filed by EB-5 investors in the last 90 days of their two-year conditional residence period (see FAQ #11).

The I-829 petition requests USCIS to remove the conditions on an EB-5 investor’s Green Card.

Essentially, Form I-829 must prove that the EB-5 funds remained at risk (see FAQ #8) and that the EB-5 project created at least 10 eligible jobs that were accredited to the EB-5 investor.

The EB-5 project and sponsoring regional center can provide documentation proving both of these points.

Once USCIS approves an investor’s I-829 petition, the conditions on the investor’s Green Card are removed.

Family-Related Questions

18. Who in my family should apply for an EB-5 visa?

The answer to this question will vary depending on your family’s immigration goals. We recommend retaining an experienced immigration attorney to advise you throughout the EB-5 process.

When you apply for a U.S. Green Card through the EB-5 program, your dependent family members also become eligible for Green Cards. Your dependent family members include your spouse and children under the age of 21.

If you would like your child to live and work in the United States—but you do not want to relocate—your child should likely be the applicant, as EB-5 investors must have an intent to relocate to the United States.

In addition, keep in mind that becoming a permanent resident of the United States involves obligations such as paying U.S. taxes.

Find Out How Your Dependent Family Members Can Benefit From an EB-5 Investment

19. Can parents be on my application?

The EB-5 program only allows an EB-5 investor’s spouse and children under 21 to receive U.S. Green Cards as dependents.

An investor’s parents are not allowed to receive Green Cards through their child’s EB-5 application.

However, you may be able to sponsor your parents later on. After holding permanent resident status for five years, EB-5 investors can apply for U.S. citizenship, and U.S. citizens can sponsor their parents for U.S. Green Cards using Form I-130.

20. What if the EB-5 petitioner dies before approval?

If an EB-5 applicant dies before completing the EB-5 process, the applicant’s dependents may still be able to continue the process. (An EB-5 applicant’s dependents are their spouse and children under 21.)

In this case, at least one of the dependents must have been living in the United States at the time of the petitioner’s death. This family member must continue to live in the United States after the petitioner’s death.

Ultimately, USCIS has the discretion to decide whether an investor’s dependents can continue the immigration process.

The best practice is to consult an immigration attorney experienced in the EB-5 program.

EB-5 Regional Centers

21. What makes a good EB-5 regional center?

An EB-5 regional center is a USCIS-licensed entity that oversees the flow of invested capital into the various projects it sponsors. The vast majority of EB-5 investors choose regional center–sponsored projects.

Regional centers play a key role in overseeing EB-5 funds and ensuring that the projects they sponsor remain USCIS compliant.

EB-5 investors should consider the following questions when evaluating an EB-5 regional center. These questions focus on a regional center’s track record of USCIS compliance and project success.

• Has the regional center received Form I-956 approval, and is it currently in good standing with USCIS? Does it have a pending notice of intent to terminate (NOIT)?
• Have any of the regional center’s projects received USCIS approval through Form I-956F?
• How many of its previous projects have been completed successfully? Have any previous projects repaid their EB-5 investors’ funds? Have any investors in the regional center’s projects received I-526E or I-829 approval?
• Have investors in previous projects received I-526E denials? Have any previous projects failed to repay their EB-5 investors?
• Is the regional center transparent? Does it answer investors’ questions in writing and provide important project documents such as financial statements?

Learn More About EB5AN’s Track Record as a Regional Center Operator

EB-5 Projects and EB-5 Investments

22. Do I invest before or after submitting my I-526E petition?

Form I-526E is the initial petition for EB-5 investors. Applicants typically invest the full amount of $800,000 before submitting their Form I-526E. In fact, Form I-526E must show USCIS that an investment has been made or that the investor is “actively in the process” of investing.

Still, some projects allow EB-5 applicants to make a partial investment and then file their I-526E petition. In such cases, the investor pledges to pay the remaining amount by a specified date. The remaining amount is usually secured by collateral.

23. Where can I find low-risk EB-5 projects?

EB5AN offers institutional-quality EB-5 projects with low immigration and financial risk. We only sponsor financially strong and USCIS-compliant projects with strong market demand.

We currently offer the following EB-5 projects:

• Twin Lakes Georgia (Loan): A single-family home community for active adults near Atlanta, Georgia. This rural EB-5 project is already profitable with significant job creation.
• Snake River Sporting Club (Loan): A luxury master-planned community with rural status, strong sales, and significant job creation. This project is already fully funded with a senior construction loan.
• Boynton Beach Multifamily (Loan and Equity Funds): A 210-unit apartment community for active adults in Boynton Beach, Florida. This project is in an urban area and is being developed by Kolter, one of the most successful developers in the EB-5 industry.

Learn More About Our EB-5 Projects

24. What makes a good EB-5 investment project?

EB-5 investors face two main types of risk when planning their investments: immigration risk and financial risk.

Immigration risk refers to an investor’s chances of receiving a U.S. Green Card.

Financial risk is an investor’s probability of getting a timely return on their invested funds.

The key for EB-5 investors is to select an EB-5 project that minimizes both of these risks.

To determine a project’s financial and immigration risk, EB-5 investors should consider the following questions:

• Has the project already secured all the necessary financing to be completed? Does it have a senior loan with a major bank? Or does the project depend on future EB-5 funding to be completed?
• Does the project have a strong market demand? Is it financially viable?
• Is the project well-funded enough to create all the required EB-5 jobs? Has it already created some or all of the required jobs?
• Has the developer successfully completed similar projects in the past and repaid its investors?
• Do the project’s financial statements reveal a strong balance sheet?
• What is the regional center’s track record? (See FAQ #21.)

Learn Best Practices for Selecting a Low-Risk EB-5 Project

25. What is an expedited EB-5 project?

When USCIS grants expedited status to an EB-5 project, the investors in that project can have their I-526E petitions processed significantly faster than usual—potentially in only a few months.

However, expedited projects must fulfill highly specific criteria and are rare in the EB-5 industry. An EB-5 project may gain expedited status if it fulfills any of the following requirements:

• Advances the interests of the U.S. government.
• Furthers U.S. social or cultural interests as a non-profit organization.
• Prevents severe financial loss to a company or person.
• Visa applicants are involved in an emergency or urgent humanitarian issue.

26. Are most EB-5 investments $800,000?

Yes, most EB-5 projects require an investment amount of $800,000. EB-5 projects in targeted employment areas (TEAs) can offer this reduced investment amount (see FAQ #36).

In contrast, non-TEA projects require a minimum investment of $1,050,000.

27. What will be my return on investment (ROI)?

EB-5 projects typically offer lower returns on investment (ROIs) than most real estate projects.

Project developers can typically access EB-5 funding at below-market rates, making it an increasingly popular funding source for real estate developments.

Additionally, EB-5 investors generally focus on gaining U.S. Green Cards. Financial gains are largely a secondary goal.

For these reasons, many EB-5 projects typically offer lower ROIs than the market average.

At the same time, certain EB-5 projects offer higher ROIs. For example, EB5AN’s Boynton Beach equity project offers investors a 5% annual return.

28. When will I get my money back?

It’s important to keep in mind that EB-5 funds must be “at risk” (see FAQ #8)—there can be no guarantee that EB-5 investors will be repaid.

When an investor will be repaid depends on the length of the EB-5 project’s investment period. Historically, many EB-5 projects have offered investment periods of approximately five years. The length of the investment period, however, can vary considerably among projects.

In addition, investors should keep in mind that an EB-5 project must succeed financially in order to pay back its investors. Therefore, investing in a financially viable EB-5 project (see FAQ #24) is crucial to protecting your funds and increasing your chances of a timely repayment.

29. If my I-526E or I-829 petition is denied, will my money be returned?

This depends on the specific terms of your EB-5 project.

Some EB-5 projects offer repayment to investors whose I-526E petitions are denied.

For example, EB5AN’s projects include an I-526E repayment guarantee. Under this arrangement, investors with I-526E denials are eligible for an accelerated repayment of their invested funds.

However, depending on the specifics of each case and the reason for denial, investors may or may not receive a repayment upon the denial of their I-829 petitions.

30. What is the difference between loan and equity EB-5 investments?

In a loan investment, the regional center loans the EB-5 funding to the EB-5 project entity. This EB-5 loan will be repaid to the regional center by the loan’s maturity date.

In an equity investment, the regional center uses the EB-5 funds to purchase equity in the EB-5 project entity. Equity investments are usually repaid after a capital event, like the sale of the EB-5 project.

In some cases, loan investments offer a higher degree of safety with lower returns. Conversely, equity investments may offer higher returns with a higher risk.

Still, EB-5 investors should keep in mind that their financial and immigration outcomes largely depend on their project’s business success and USCIS compliance.

31. Can I take out a loan to pay for my EB-5 visa investment?

Yes, EB-5 applicants can use loaned funds for their EB-5 investments. Investors can use personal loans (based on one’s credit score and assets), collateralized loans (backed by investments), co-signer/guarantor loans, and other loan arrangements.

Even though EB-5 investors can use unsecured loans, doing so is riskier. USCIS may scrutinize an investor’s source-of-funds documentation more closely if the loan is unsecured.

Regardless of what type of loan they use, EB-5 investors need to clearly trace their source of funds and any collateral they used in their Form I-526E.

32. Can I use gifted funds for my EB-5 visa investment?

Yes, EB-5 applicants can use gifted funds for their EB-5 investments. In Form I-526E, the source-of-funds documentation must trace the gifted funds to their origin and prove they were sourced legally.

Both the donor and the EB-5 investor must collaborate to provide the needed documents, such as a letter stating that the funds were gifted and do not need to be repaid by the EB-5 investor.

In addition, both parties must show that they paid the necessary taxes for the gifted funds.

The best practice for EB-5 investors is to use funds gifted by family members.

33. Can cryptocurrency fund my EB-5 investment?

Yes, EB-5 investors can use the sale of cryptocurrencies such as bitcoin to fund their EB-5 investments. They will, though, have to convert the cryptocurrency to U.S. dollars.

Additionally, as with other fund sources, investors must prove on their Form I-526E that the cryptocurrency was sourced legally.

34. What are direct EB-5 projects like?

Direct EB-5 projects are not sponsored by a regional center (see FAQ #21). Instead, EB-5 investors transfer their funds to a direct project straightaway.

Direct EB-5 projects can only use funds from a single EB-5 investor instead of pooling funds from multiple investors.

Many project developers aim for a larger EB-5 capital raise than a single investment of $800,000.

In addition, the 10 jobs created by a direct project must be standard, full-time positions on the company’s payroll. Direct projects cannot count indirect and induced jobs for their EB-5 investors (see FAQ #10). This can make it more difficult to fulfill the 10-job requirement.

For these reasons, the vast majority of EB-5 investors choose regional center-sponsored projects.

35. What sources of funds can be used for an EB-5 investment?

EB-5 applicants can source their investments from a wide variety of sources. USCIS’s main requirement is for investors to clearly trace the source of their funds on Form I-526E. Certain sources of EB-5 funds may be easier to trace than others.

Some of the most common sources of EB-5 funds include salary payments, real estate sales, stock proceeds, loans, gifted funds, and inheritances.

EB-5 investors should work with an experienced immigration attorney with a record of I-526E approvals. Preferably, the attorney should have experience working with EB-5 applicants from the investor’s home country.

Targeted Employment Areas (TEAs)

36. What is a targeted employment area (TEA) in the EB-5 program?

In the EB-5 program, a targeted employment area (TEA) is a location with a great need for job creation and economic development. USCIS incentivizes EB-5 investors to choose EB-5 projects located in TEAs.

There are two types of TEAs: rural and urban.

Rural TEAs are locations with a population of no more than 20,000. Additionally, rural TEAs cannot border a municipality with a population of 20,000 or more and cannot be located within a metropolitan statistical area (MSA).

Urban TEAs have an unemployment rate at least 150% of the national average. They must be located within an MSA.

EB-5 investors in TEA projects qualify for a reduced investment amount of $800,000.

Investing in a TEA project can also qualify investors for set-aside visas. Moreover, investors in rural TEA projects in particular gain the additional benefit of priority processing (see FAQ #12).

37. What is a rural TEA EB-5 project?

To qualify for rural TEA status, an EB-5 project must be located in an area with a population of no more than 20,000, and the project location cannot border a municipality with a population of 20,000 or more. In addition, rural projects cannot be located within a metropolitan statistical area (MSA).

The EB-5 program grants several immigration benefits to investors in rural EB-5 projects, such as priority processing. This allows investors to have their USCIS petitions processed faster. Many investors in rural EB-5 projects have received I-526E approval in about 12 months—or even less.

In addition, EB-5 investors from high-demand countries such as China and India can qualify for set-aside visas by investing in a rural EB-5 project (see FAQ #5). This allows them to avoid months or years of delays stemming from visa backlogs.

While the set-aside visa supply for urban TEA projects is likely to become exhausted, the rural category receives 20% of the yearly supply of EB-5 visas (compared to urban’s 10%). This makes rural projects the safest option for Chinese and Indian investors.

Learn More About the Immigration Benefits of Rural EB-5 Projects

38. What is an urban TEA EB-5 project?

To qualify for urban TEA status, an EB-5 project must be located in an area with an unemployment rate at least 150% of the national average. The project must also be located within a metropolitan statistical area (MSA).

Investors in both urban and rural TEA projects qualify for the lower investment amount of $800,000.

EB-5 investors from high-demand countries such as China and India can qualify for a set-aside visa by investing in an urban TEA project. By obtaining a set-aside visa, these investors can avoid months or years of delays stemming from visa backlogs.

However, USCIS processing data shows that the supply of urban set-aside visas may become exhausted. This makes rural EB-5 projects the safest option for Chinese and Indian EB-5 investors.

Travel

39. How long can I leave the United States on an EB-5 visa?

If you are currently in your two-year conditional permanent residency period (that is, you hold a conditional Green Card), you must remain in the United States for at least six months of the year.

If you have already completed the EB-5 process and obtained a permanent U.S. Green Card, you can travel abroad as frequently as you like.

Still, permanent residents of the United States are expected to reside primarily in the United States. Generally, Green Card holders can travel abroad for up to six months with minimal hassle.

But if you travel abroad for more than six months, USCIS may request further evidence of your intent to reside in the United States. For an absence of more than a year, you may have to file a reentry permit (Form I-131).

We recommend consulting with an immigration attorney for the most up-to-date information on travel restrictions for Green Card holders.

40. Can I travel abroad while my I-526E petition is pending?

If you live in the United States on a non-immigrant visa (H-1B, F-1, E-2, or similar visas), you must apply for an advance parole (AP) travel document along with your Form I-526E in order to travel abroad.

You can file Form I-485 to adjust your immigration status concurrently with your I-526E petition, and you can apply for an AP through Form I-131.

Several EB-5 investors have received APs in a matter of months or even weeks. Once your AP is approved, you will be able to travel abroad without putting your EB-5 process at risk.

EB-5 Countries

41. What is the EB-5 wait time for Indian investors?

There is no set wait time for EB-5 investors from any nationality to obtain I-526E approval or receive their Green Cards. Rather, this depends on USCIS’s processing capacity, the investor’s nationality, and the type of targeted employment area (TEA) project they invest in. (See FAQ #5.)

India has historically been one of the highest-demand countries for EB-5 immigration. As a result, India is currently experiencing a backlog of EB-5 applications, meaning that Indian EB-5 investors may have to wait for additional months or years before obtaining their Green Cards.

However, Indian nationals can avoid these delays by investing in a TEA project, as both urban and rural TEA projects qualify investors for set-aside visas. Indian investors with a set-aside visa will not have to undergo additional wait times before receiving their U.S. Green Card.

Due to the limited number of set-aside visas in the urban TEA category, investing in a rural project is the safest option for Indian investors. In addition, investors in rural TEA projects also qualify for priority processing, which can lead to a significantly faster I-526E approval.

Discover the Best Practices for Making an EB-5 Investment as an Indian National

42. What are the EB-5 cutoff dates for Indian investors?

USCIS publishes the cutoff dates for backlogged countries in their monthly Visa Bulletins. For guidance on your specific immigration situation, we advise consulting with an immigration attorney with experience in the EB-5 program.

As of the September 2024 Visa Bulletin, Indian EB-5 investors are subject to a final action date of December 1, 2020. This means that any Indian investors who filed their Form I-526E in the Unreserved category on or after this date cannot yet receive their U.S. Green Cards.

The date for filing for India is April 1, 2022. Consequently, any Indian investors who filed their Form I-526E in the Unreserved category on or after this date cannot yet apply for their Green Cards with the National Visa Center (NVC).

However, Indian investors can avoid these cutoff dates by investing in a TEA project and obtaining a set-aside visa. Due to its larger amount of set-aside visas, the safest option for Indian nationals is to invest in a rural TEA project.

43. What is the EB-5 wait time for Chinese investors?

There is no set wait time for EB-5 investors from any nationality to obtain I-526E approval or receive their Green Cards. Rather, this depends on USCIS’s processing capacity, an investor’s nationality, and the type of targeted employment area (TEA) project they invest in. (See FAQ #5.)

China has historically produced the highest demand for EB-5 immigration. Because of this, China is currently experiencing a backlog of EB-5 applications, meaning that Chinese investors may have to wait for additional months or years before receiving their Green Cards.

However, Chinese nationals can avoid these delays by investing in a TEA project, as both urban and rural TEA projects qualify investors for set-aside visas. Chinese investors with a set-aside visa will not have to undergo additional wait times before receiving their U.S. Green Card.

Due to the limited number of set-aside visas in the urban TEA category, investing in a rural project is the safest option for Chinese investors. In addition, investors in rural TEA projects also qualify for priority processing, which can lead to a significantly faster I-526E approval.

Discover the Best Practices for Making an EB-5 Investment as a Chinese National

44. What are the EB-5 cutoff dates for Chinese investors?

USCIS publishes the cutoff dates for backlogged countries in their monthly Visa Bulletins. For guidance on your specific immigration situation, we advise consulting with an immigration attorney with experience in the EB-5 program.

As of the September 2024 Visa Bulletin, Chinese EB-5 investors are subject to a final action date of December 15, 2015. This means that any Chinese investors who filed their Form I-526E in the Unreserved category on or after this date cannot yet receive their U.S. Green Cards.

The date for filing for China is January 1, 2017. As a result, any Chinese investors who filed their Form I-526E in the Unreserved category on or after this date cannot yet apply for their Green Cards with the National Visa Center (NVC).

However, Chinese investors can avoid these cutoff dates by investing in a TEA project and obtaining a set-aside visa. Due to its larger amount of set-aside visas, the safest option for Chinese nationals is to invest in a rural TEA project.

Other Visas

45. Can I apply for an EB-5 visa while on an H-1B visa?

Yes, H-1B visa holders can apply for U.S. Green Cards through the EB-5 program.

H-1B workers rely on employer sponsorship and can only work within a specific industry. If an H-1B worker is laid off, that worker and their family may have to leave the United States on short notice.

The EB-5 program, in contrast, is a path to permanent resident status.

H-1B workers can make an EB-5 investment, file Form I-526E, and adjust their immigration status through Form I-485 (see FAQ #16). This allows them to obtain employment authorization documents (EADs) and advance parole (AP) travel documents.

With an EAD, H-1B workers will be able to work in the United States with few restrictions, and they will no longer rely on employer sponsorship. Additionally, APs allow them to travel internationally.

Many EB-5 investors have received EADs and APs in a matter of weeks.

Learn How to Make an EB-5 Investment as an H-1B Worker

46. Can I apply for an EB-5 visa while on an E-2 visa?

Yes, E-2 visa holders can apply for U.S. Green Cards through the EB-5 program.

E-2 visa holders must make a significant investment in a U.S. business—enough to buy or establish the business. E-2 applicants must be committed to growing their business and to creating jobs for U.S. workers.

In contrast, the EB-5 program enables investors to get permanent U.S. Green Cards without having to operate an E-2 business long term.

E-2 visa holders can make an EB-5 investment, file Form I-526E, and adjust their immigration status through Form I-485 (see FAQ #16). This allows them to obtain employment authorization documents (EADs) and advance parole (AP) travel documents.

With an EAD, E-2 visa holders will be able to work in the United States with few restrictions, and they will no longer have to focus solely on their E-2 business. Additionally, APs allow them to travel internationally while USCIS processes their Form I-526E.

Many EB-5 investors have received EADs and APs in a matter of weeks.

Learn How to Make an EB-5 Investment as an E-2 Visa Holder

Benefits of the EB-5 Program

47. What are the advantages of an EB-5 visa?

Many U.S. non-immigrant visas are temporary, are highly uncertain, or have extremely long processing times. And several of these visa options have highly specific requirements for applicants.

For instance, H-1B workers can only work in a specific industry under employer sponsorship. If H-1B workers are laid off, they may have to leave the United States with their families on short notice.

But the EB-5 program is a direct path to a U.S. Green Card. Through this program, you can enjoy the benefits of living and working in the United States as a permanent resident—without the limitations imposed by non-immigrant visas.

Additionally, the EB-5 program is one of the fastest ways to get Green Cards for yourself and your family—especially for investors who qualify for priority processing through rural EB-5 projects.

Several EB-5 investors in rural projects have received I-526E approvals in about 12 months—and their initial Green Cards soon after.

For example, an investor in EB5AN’s Twin Lakes project received her initial Green Card approximately 10 months after filing Form I-526E.

In addition, concurrent filing (see FAQ #16) allows investors who already live in the United States to quickly obtain an employment authorization document (EAD) and an advance parole (AP) travel document. Many investors have received EADs and APs in only weeks.

This means that an EB-5 investment could allow you to enjoy the main benefits of a U.S. Green Card (work and travel authorization) in only weeks.

An EB-5 investment can give you and your family the peace of mind of being permanent residents of the United States. Once you receive your Green Cards, you will be free to pursue your career, academic, and personal goals anywhere in the United States with few restrictions.

Additionally, EB-5 investors can apply for U.S. citizenship after holding their Green Cards for five years.

Discover Further Benefits of an EB-5 Green Card

48. Can university tuition be lower on an EB-5 visa?

Many U.S. colleges and universities charge higher tuition fees for international students. Similarly, tuition for students who live in a different state could also be higher.

In contrast, a student who holds a U.S. Green Card can access domestic tuition rates, which are often significantly lower. In addition, Green Card holders have access to a much wider array of financial aid, scholarships, and similar programs.

Unlike F-1 visa holders, students on a U.S. Green Card have no work restrictions during their studies.

If you have any other questions about the EB-5 program or need help through the process, please feel free to schedule a one-on-one consultation with our industry experts at EB5AN.