EB‑5 clarified
Frequently asked questions.
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EB‑5 essentials
What is the EB‑5 Program?+
EB‑5 is a U.S. employment-based immigrant investor program. A qualified foreign national makes a required at-risk investment in a U.S. commercial enterprise that creates at least 10 qualifying full-time jobs. The investor, spouse and unmarried children under 21 may pursue permanent residence.
How much must I invest?+
The standard minimum is generally US $1,050,000. A reduced US $800,000 amount applies to qualifying rural, high-unemployment-area and infrastructure projects. Statutory amounts are scheduled for periodic inflation adjustments.
Who may be included in one EB‑5 application?+
The principal investor may generally include a spouse and unmarried children under age 21. Child Status Protection Act calculations can be complex, so families with children approaching 21 should obtain advice and act early.
Do I need an employer or family sponsor?+
No. EB‑5 is based on a qualifying investment and job creation, rather than an offer of employment or sponsorship by a U.S. relative.
Must I operate a U.S. business?+
Not when using the regional-center model VisaV focuses on. Investors typically hold a limited policy-making role in a professionally managed offering rather than operating the underlying business day to day.
Projects, designations and risk
What is a regional center?+
A regional center is an entity designated by USCIS to sponsor EB‑5 projects in an approved geographic area. Regional-center offerings may pool capital and count direct, indirect and induced job creation through accepted economic methodologies.
Explore current projects →What are the three reserved visa designations?+
The Reform and Integrity Act reserves 20% of annual EB‑5 visas for qualifying rural projects, 10% for high-unemployment-area projects and 2% for qualifying infrastructure projects. Rural petitions also receive statutory priority processing.
Does an approved Form I‑956F mean the investment is financially safe?+
No. Approval addresses the project’s EB‑5 eligibility based on the submitted record; it is not a financial endorsement and does not guarantee immigration approval or repayment. Investors must still evaluate the project and their own source of funds.
Can an EB‑5 project guarantee repayment?+
No. EB‑5 capital must be at risk. Offering documents may contain collateral, completion support, reserves or other protections, but repayment and returns cannot be guaranteed.
Explore current projects →What should I compare before choosing a project?+
Important factors include immigration designation, I‑956F status, job cushion, construction status, developer history, capital stack, sponsor equity, investment position, collateral, escrow and denial terms, project term, extension rights and repayment strategy.
How long will my money be invested?+
The immigration sustainment rules and the project’s contractual term are different concepts. A project may have a multi-year term plus extension options, and return of capital depends on the offering documents, project performance and applicable EB‑5 rules.
Documents and filing
What is lawful source and path of funds?+
USCIS requires evidence showing how the investment capital and applicable administrative fee were lawfully earned or obtained and how the money moved to the EB‑5 offering. Records may include tax returns, bank statements, business records, property-sale documents, gift or inheritance evidence and transfer receipts.
What is Form I‑526E?+
Form I‑526E is the immigrant petition filed by a regional-center investor. It addresses the investor’s qualifying investment, lawful source and path of funds, and reliance on the project’s EB‑5 filing and projected job creation.
Does filing Form I‑526E let me live in the United States?+
Not by itself. Some investors already in lawful U.S. status may be eligible to file Form I‑485 concurrently when a visa is available and other requirements are met. Others complete immigrant-visa processing through a U.S. consulate after petition approval.
What is concurrent filing?+
When permitted by visa availability and the investor’s U.S. status and admissibility, Form I‑485 may be filed with or while Form I‑526E is pending. Applicants may also request employment authorization and advance parole. Individual legal advice is essential before relying on this option.
What is Form I‑829?+
Form I‑829 is filed in the 90-day period before the second anniversary of conditional permanent residence to request removal of conditions. The filing shows that the required investment and job-creation requirements were met.
Timing, family and protection
What is a priority date?+
The priority date is generally the date USCIS properly receives the investor petition. It establishes the investor’s place in line when demand exceeds available visas. Availability is tracked through the U.S. Department of State Visa Bulletin.
How does EB‑5 protect a child from aging out?+
The Child Status Protection Act may deduct the time the I‑526E was pending from a child’s biological age when a visa becomes available. The child must also take qualifying action within the required period. It is not an indefinite age freeze, so early case-specific advice matters.
What investor protections did the RIA add?+
The RIA strengthened disclosures, promoter registration, background requirements, USCIS oversight and the use of independent fund administration or qualifying financial audits. It also created certain protections for good-faith investors when a regional center or project participant is terminated or debarred.
Is the Regional Center Program permanent?+
The underlying EB‑5 category is permanent, but the Regional Center Program requires congressional authorization. It is currently authorized through September 30, 2027. Qualifying petitions filed by September 30, 2026 receive statutory grandfathering protection under the RIA.
Explore current projects →Can EB‑5 lead to U.S. citizenship?+
EB‑5 leads first to conditional and then unconditional permanent residence. A permanent resident may later apply for citizenship after meeting the applicable residence, physical-presence, good-character and other naturalization requirements.
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This FAQ provides general educational information and is not individualized U.S. immigration, securities, tax or investment advice. Rules, government interpretations, visa availability and project terms may change.
