EB-5 FAQs

The length of processing time from submitting the I-526 petition to granting of the conditional green card is approximately 31 to 50 months depending on the individual. It is a two-step approval process. First, acting as a visa clearing house, the USCIS reviews and approves the investor’s EB-5 application. After the I-526 petition is approved, it is forwarded to the overseas U.S. consulate, where the investor needs to file a consulate application. During this application, an interview will take place before the immigrant visa is granted. If the EB-5 investor is already in the U.S., an adjustment of status will be filed with the USCIS instead. To get an accurate estimate on your I-526 processing time, use https://egov.uscis.gov/processing-times/ to check your case status.

As an EB-5 investor, you must prepare complete biographical information for each applicant, and the principal applicant must provide proof of the source of the investment funds. To prove the source of investment funds, USCIS requires five years of tax returns, five years of bank records, proof of ownership of any businesses, financial statements for each business and business licenses. The goal is to present a track record of an honest course of dealing. If your capital came from a specific transaction, such as sale of a house, inheritance, or gift, you must prove that the transaction occurred by providing an official document, such as a closing statement, contract, or other official documents. This is not an exhaustive list. Other documents may be required and vary on a case-by-case basis.

No, an EB-5 investor is not required to have any prior business experience or a minimum level of education. The only requirement regarding the investor is that they have the required net worth and capital to invest $900,000 and additional fees. The investor must be able to prove that the investment funds come from lawful sources, such as profits from sales of property, stocks or bonds, businesses, business transactions, gifts, and inheritances.

The EB-5 investment program allocates 10,000 visas per year for aliens and family members whose qualifying investments result in the creation or preservation of at least ten (10) full-time jobs for U.S. workers. There can be no fewer than 3,000 reserved for investors in a targeted rural or high-unemployment area, and 3,000 more are set aside for investors in regional centers by Sec. 610 of P.L. 102-395. Since the program started in 1990, the EB-5 visa category has never seen a backlog.

No. U.S. law requires an at-risk investment without guarantees or redemption rights. The USCIS mandates that all EB-5 investments carry financial risks. Any guarantees or offers to return the investment would violate this requirement.

The minimum investment amount for our real estate investment projects is generally $900,000, plus administrative fees. Administrative fees may vary between projects

The investment must create full-time employment for at least 10 U.S. citizens or immigrants (permanent resident aliens and other specified immigrant categories). The required 10 positions cannot include the investor or the investor’s spouse or children. The 10 jobs must be for employees of the enterprise in which the investment is made and cannot include independent contractors.

The required 10 jobs must be created within the two- year period immediately following the investor becoming a permanent resident.

Regional centers are USCIS-approved economic units that help administer EB-5 investment projects. By investing $900,000 in an approved regional center, investors can meet the program's requirements more easily. Notably, investors are not required to directly provide proof for the creation of 10 full-time jobs for U.S. workers, as regional centers facilitate job creation through their projects and provide the necessary documentation to USCIS.