EB-5 FAQ

EB-5 was originally created as part of the Immigration Act (INA) of 1990, which was amended to include pooled regional center investments as a “pilot program” in 1992. There were no statutory changes to the program for three decades until the EB-5 Reform & Integrity Act was passed in 2022 to overhaul the program. The RIA increased the minimum investment amount and set forth a formula for automatic increases every five years. EB-5 was divided into “reserved” and “unreserved” visas, with three reserved categories of investments– High Unemployment Area, Rural Area, and Infrastructure. Finally, the RIA created new methods of statutory protections against fraud.

While the EB-5 visa is permanent, the Regional Center Program is currently valid through September 30, 2027. At that time, the program will expire unless Congress acts to extend it further. However, those regional center investors who make an investment and file a Form I-526E prior to September 30, 2026 will remain permanently grandfathered and eligible for all EB-5 regional center benefits.

A regional center is an entity licensed by USCIS to sponsor and supervise pooled-investment projects among multiple investors.

Every project that intends to pool together investment funds of multiple EB-5 investors must affiliate itself with a licensed regional center. The regional center is responsible for sponsoring such projects and supervising its compliance with applicable laws and regulations.

The law requires EB-5 investors to have an active role in their investment project. However, such a role may be satisfied by having limited voting rights as set forth by the project’s operating agreement or partnership agreement.

EB-5 law requires that each EB-5 investor’s investment leads to the creation of at least 10 new, permanent jobs within the U.S. economy. For standalone investments, the investment project must directly hire at least 10 workers. For pooled regional center investments, the job creation may be econometrically modeled and 90% of the job creation may be indirect.

Generally any project can be suitable for EB-5 if it can create at least 10 new U.S. jobs per each investor. However, to qualify for a reserved pool of EB-5 visas, a project must either one that is located in a high unemployment area (an area where the unemployment rate is at least 150% of the national unemployment rate) or a rural area (an area outside of a metropolitan statistical area and having a population less than 20,000), or one that is an infrastructure government affiliated with a governmental entity.

The EB-5 Reform & Integrity Act instructs USCIS to prioritize processing of I-526E petitions for investments in rural areas. For this reason, a rural investment is generally the quickest path to an EB-5 green card.

EB-5 does not have any specific eligibility criteria. Anyone who has access to the requisite amount of capital to make an investment can generally petition for EB-5 classification, as long as they are not inadmissible per general U.S. immigration laws.

An EB-5 investor’s spouse and children under 21 years of age may join the investor’s immigration process and obtain green cards.

No, EB-5 does not impose any specific eligibility criteria. Anyone may apply, regardless of their work experience, level of education, language proficiency, as long as they are not inadmissible per general U.S. immigration laws.

You do not need to be physically residing in the United States at the time of submitting an EB-5 application. You may submit your I-526E Petition while residing abroad. After approval, you will need to submit a DS-260 Immigrant Visa Application with the National Visa Center and later attend an interview at a U.S. Consulate in your home country to obtain an immigrant visa to travel to the United States as a lawful permanent resident. Alternatively, if you are already in the United States as a non-immigrant and eligible for adjustment of status, you can file an I-485 Application to adjust to lawful permanent resident status. Furthermore, if your circumstances change while your applications are pending, you may change between obtaining an immigrant visa abroad or adjusting status in the United States.

An EB-5 investor whose I-526E Petition is approved will first obtain a conditional green card that is valid for a 2-year period. At the end of that conditional residency period, the investor must file an I-829 Petition for removal of conditions on permanent residency to obtain a long-term green card. The I-829 Petition must demonstrate that the investment project was successfully completed and satisfied all EB-5 eligibility requirements.

EB-5 investment offerings must be supported by a comprehensive and viable business plan and private placement memorandum. These documents, among others, must thoroughly explain all the investment risks and present a feasible plan, supported by reasonable financial projections, for how the project intends to repay its investors. While the investor’s EB-5 immigration law firm may assess a project’s compliance with EB-5 laws and regulations, an attorney may not assess the project’s financial feasibility or security. All prospective EB-5 investors are strongly encouraged to seek the guidance of a professional investment analyst prior to making an investment.

The law requires that each investor’s capital be placed “at-risk” via deployment into active commercial activity. Any guarantee of return directly to an investor will cause a denial of the EB-5 application.

As of 2025, pre-RIA EB-5 investors from China are eligible for green cards or immigrant visa processing if their priority dates are from early 2016. Those with later priority dates continue to wait for their priority dates to become current.

EB-5 law certainly permits an investment to be refunded in the event of an I-526E denial. However, the specific timing and other terms of such refund are entirely contingent not on EB-5 regulations but on the provisions of the relevant investment contracts such as the Subscription Agreement, Operating Agreement, Partnership Agreement, or other similar documents.