Who qualifies for the EB-5 investor immigrant visa?+
Any person over 18 years old from a foreign country who can demonstrate a lawful investment of $800,000 (TEA) or $1,050,000 (standard area) in a U.S. business that creates or preserves 10 full-time jobs. There are no requirements for maximum age, education, business experience, or English language proficiency.
What is the difference between direct investment and Regional Center investment?+
In direct investment, you establish or invest directly in a business and are responsible for creating the 10 jobs. In a Regional Center, you invest in a pre-approved project where the entity manages job creation (counting direct, indirect, and induced jobs). The Regional Center option is more popular because it reduces operational risk.
Can I include my parents or siblings in my EB-5 petition?+
No. The EB-5 visa only includes the principal investor, their spouse, and unmarried children under 21. Parents, siblings, or other family members cannot be included as derivatives. They would need separate sponsors or manage their own immigration petitions.
How does EB-5 differ from other employment visas like EB-2 or EB-3?+
EB-5 requires capital investment but does not require employer sponsorship, labor certification, or a job offer. EB-2 and EB-3 require a U.S. employer to sponsor the worker. EB-5 is faster for investors with available capital, while EB-2/3 are options for workers without capital but with in-demand skills.
What documents must I prepare to prove the lawful source of my funds?+
You will need complete documentation tracing every dollar: tax returns for 5-10 years, bank statements, property sale records, employment contracts, inheritance certificates, paid mortgages, or any document demonstrating lawful acquisition and the movement of funds from their origin to the bank for EB-5 investment.
Is my EB-5 investment protected if the project fails?+
EB-5 is an at-risk investment — there is no guarantee of capital return or state protection. If the project fails and does not create the 10 jobs, your conditional Green Card may not convert to permanent. That is why it is critical to choose projects with Regional Centers with proven track records and solid financial analysis.
Can I change jobs or business after obtaining the EB-5 Green Card?+
Yes. Once your conditional Green Card converts to permanent (after I-829 approval), you can change jobs, start a new business, or not work without losing your status. The permanent Green Card does not tie your residency to a specific employer or business.
What happens to my Green Card if the company loses employees after I-829 approval?+
Once USCIS approves your I-829 petition and removes the Green Card conditions, your permanent residency is secured. Subsequent changes in the company's employment do not affect your status. However, during the first 2 years (conditional Green Card), the business must maintain the 10 jobs to meet requirements.
When can I apply for U.S. citizenship after obtaining the EB-5 Green Card?+
You can apply for citizenship 5 years after obtaining your permanent Green Card (not conditional). You must pass a civics exam in English, demonstrate good moral character, and physically reside in the United States for most of those 5 years. Citizenship allows you to vote and leave the country without losing residency.
Do I need to maintain a specific U.S. residence address during the EB-5 process?+
During conditional Green Card status, you must maintain U.S. residency (without extended trips exceeding USCIS-permitted periods). You can live in any state. For I-829 approval, you must demonstrate that you have maintained permanent residency. Brief trips abroad are permitted if you obtain an Advance Parole travel document.
What happens if my children turn 21 during the EB-5 visa process?+
Unmarried children under 21 at the time of I-526E approval can be included as derivatives. If they turn 21 after approval but before adjusting status, they typically retain their derivative status. However, if they reach 21 before the I-526E is approved, they are excluded. Consult early with your attorney for strategies based on specific dates.
