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Frequently asked questions
Straight answers to the most common questions about the EB-5 visa.
When multiple EB-5 investors share a project, USCIS counts jobs on an aggregate basis: the total must cover the combined requirements of each investor. Both direct and indirect full-time jobs qualify, provided they are properly documented.
Read full answer →Yes, you can withdraw from the EB-5 process midway, but there are consequences. Invested funds may be non-refundable depending on your contract and project stage, and the interruption may affect future immigration petitions. Consult a specialist before deciding.
Read full answer →The EB-5 is the U.S. immigrant investor visa: a green card path for those who make a substantial investment in a business that creates jobs in the country. You can invest directly or through a designated regional center. Check current requirements at USCIS.
Read full answer →No. The EB-5 grants a green card to investors and their families, but does not provide diplomatic status or privileges such as immunity. You may live, work, and study in the United States, without the prerogatives reserved for diplomats.
Read full answer →Yes. Once the green card is obtained through EB-5, your children gain the same rights as permanent residents, including access to free public school at the elementary and secondary level, subject to local rules.
Read full answer →Not necessarily. A common civil action, such as a contract dispute, generally does not affect EB-5 eligibility. Issues arise only if the proceeding raises doubts about the investor's integrity or the lawful source of funds.
Read full answer →EB-5 grants a conditional green card at approval, so residency arrives early. The unconditional green card comes later, at the end of the conditional period, once you prove you met the investment terms.
Read full answer →The EB-5 does not, on its own, prevent you from applying for a temporary visa, but it depends on the category: many require temporary intent, which can conflict with the intent to immigrate, while dual-intent visas like the H-1B handle this more easily.
Read full answer →Not automatically. If the EB-5 business does not generate profit, that alone does not create a tax liability for the investor: income tax depends on having taxable income. Even so, the company typically retains filing obligations and administrative costs.
Read full answer →Yes. Living on retirement income does not prevent EB-5 participation. The program requires no active employment or regular income; what matters is proving the lawful origin and traceability of the invested capital, and meeting the program requirements.
Read full answer →Yes, as a general rule. A capital export restriction in your home country does not disqualify you from EB-5, but it can add steps: you will need to document the lawful source of your funds and follow legal procedures to transfer them.
Read full answer →No. The EB-5 evaluates the qualifying investment and job creation in the United States, not the investor's nationality. European citizenship neither helps nor hurts, since the program is open to investors from any country.
Read full answer →Yes, there are fraud risks in EB-5 projects, as with any large investment. Exaggerated promises, questionable management and lack of transparency are red flags; researching the project's reputation and checking official sources reduces the risk.
Read full answer →Yes. You can track your EB-5 case online by creating an account on myUSCIS, the official USCIS portal, where your case status and updates for each stage of your petition are available.
Read full answer →There is no automatic cancellation of the EB-5 for a delay, but failing to meet the project timeline can make it harder to prove the required conditions were met, potentially blocking the removal of conditions needed for a permanent green card.
Read full answer →The EB-5 has two main investment pathways: the Regional Center, which involves an approved project and a more hands-off approach, or direct investment, where the investor manages the business and job creation directly.
Read full answer →Generally yes: you can sell part of your company to raise the EB-5 investment amount, as long as the funds come from a proven lawful source and the capital stays 'at risk' in the project. The transaction must be transparent and well documented.
Read full answer →Yes, but switching EB-5 projects after filing the I-526 is complex: the petition was built around the original project, so the change may require new documentation, amendments, or even a new petition, with risk of delays.
Read full answer →In direct EB-5, the investor puts capital into their own business and actively participates in management and job creation. Through a Regional Center, they invest in projects managed by an approved center, with less operational involvement.
Read full answer →In principle, yes: EB-5 is an employment-based immigration category subject to annual limits and per-country caps. In practice, demand has historically put less pressure on this queue than other categories, but that can change.
Read full answer →Yes, the consulate can deny the EB-5 even with an approved I-526. Petition approval is just one step; at the consular interview, the officer re-examines documents, eligibility, and possible grounds of inadmissibility before issuing the visa.
Read full answer →Failing to file U.S. taxes does not automatically revoke EB-5 status, but it is a legal violation that can create issues with USCIS and affect your immigration standing, depending on severity. Keeping tax obligations current helps protect the benefit.
Read full answer →There is no fixed answer: EB-5 is not always faster through direct investment or through a Regional Center. The timeline depends on the project, documentation, and USCIS workload. Check the times on the official USCIS tool.
Read full answer →Yes. Real estate sale proceeds can fund an EB-5 investment, provided you document the lawful source of the funds with a clear trail covering the property and the transaction.
Read full answer →An offering memorandum is the document that presents an EB-5 investment offer in detail: it describes the project, business model, legal structure, and risks so the investor can evaluate everything before committing capital.
Read full answer →Yes, but this is not a requirement unique to the EB-5. The medical exam is part of the green card process and typically screens for infectious diseases such as tuberculosis and syphilis. It is conducted by a physician authorized by the U.S. government.
Read full answer →A credible business plan for EB-5 is a detailed, realistic document showing how the investment will create jobs and contribute to the local economy, allowing authorities to assess the viability and seriousness of the project.
Read full answer →With regular EB-5 (direct), you invest in your own business with active management and directly created jobs. With Regional Center EB-5, you invest through a USCIS-approved center with outsourced management and jobs that may also be counted indirectly.
Read full answer →Yes. You can invest in EB-5 in partnership with another investor, provided each person independently proves the lawful source and required investment amount, and that the jobs created can be individually attributed to each participant.
Read full answer →In principle, yes. The EB-5 program accepts lawfully obtained capital, so selling a U.S. property can fund the investment, as long as you document the legal origin of the funds and their full application to the approved project.
Read full answer →Not directly. EB-5 requires full legal capacity to enter into contracts and take on the investment, which a minor generally does not have. Even with an inheritance, a legal representative is typically needed.
Read full answer →No. In the EB-5, what matters is the capital invested and job creation, not the investor's household income. High or low, income is not an eligibility criterion; what counts is contributing the required funds with a proven lawful origin.
Read full answer →Yes, in general. Part of the EB-5 investment can be used to purchase equipment and machinery, as long as those costs are part of the business plan and help operate, grow, and generate the jobs required by the program.
Read full answer →There is no standard business plan template for EB-5. Each project is unique and the plan must be built to fit, covering the business structure, financial projections, and, above all, how the investment will generate the required jobs.
Read full answer →Yes. The EB-5 allows investment through a joint venture, including with an American partner, as long as the structure meets the program's requirements: lawful source of funds, an active role for the investor, and the required job creation.
Read full answer →Yes, a nursing home can serve as the project for an EB-5 petition, as long as the investment creates or preserves the required jobs and meets all other requirements. Viability depends on a solid business plan and case-by-case analysis.
Read full answer →There is no list of insurance policies required by law under EB-5. In practice, a solid company typically combines coverages such as general liability, D&O, E&O, and property insurance, tailored to the project.
Read full answer →Yes. Upon obtaining permanent residency through EB-5, the investor typically becomes a U.S. tax resident and must report worldwide income, including investment returns and gains, under rules that vary by income type.
Read full answer →Yes. Investing does not guarantee approval: the EB-5 is discretionary and the petition can be denied if the lawful source of funds, job creation, or other requirements are not proven, or if there are documentation deficiencies.
Read full answer →No. EB-5 is an investment path to permanent residency (green card), not a temporary student status. Those who want to study in the U.S. should look into student-specific visas such as the F-1, which carry their own requirements.
Read full answer →No. The EB-5 is a program exclusive to the United States: it grants U.S. permanent residence to those who make a qualifying investment and confers no immigration rights for Canada. For Canada, follow the routes and rules set by Canadian authorities.
Read full answer →With EB-5, using loan capital is allowed when the funds are genuinely at risk, the source is documented as lawful, and the investor is personally liable for the debt. Poorly structured arrangements tend to raise questions during case review.
Read full answer →Yes, indirectly. The EB-5 is not a tax visa, but meeting tax obligations is part of complying with U.S. law. Failing to pay taxes may be seen as misconduct and complicate maintaining your status or removing the conditions on your green card.
Read full answer →If the F-1 expires during the EB-5 review, the critical point is not to be left without a valid status. Filing the status change while the F-1 is still valid is ideal; losing status can create unlawful presence and affect future immigration benefits.
Read full answer →Yes, you can appoint family members as directors of your EB-5 business, as long as the structure is legitimate and they have real qualifications for the role. Authorities evaluate whether each appointee meets the criteria and contributes to the business.
Read full answer →In general, yes. The EB-5 does not prohibit using a loan to fund the investment, provided the funds are lawfully sourced and the capital is genuinely at risk, with no repayment guarantee tied to the investor. The source of funds is closely scrutinized.
Read full answer →The EB-5 itself sets no limit on withdrawals or wire transfers. However, banks have their own rules and follow anti-money-laundering regulations, and the investor must prove the lawful, documented origin of the invested funds.
Read full answer →The EB-5 process timeline varies considerably: it depends on the stage (initial petition and then adjustment of status or consular processing), caseload, and current policies. Updated timelines are available through the official USCIS tool.
Read full answer →On its own, no. Obtaining EB-5 does not automatically change your Brazilian income tax obligations. What matters is tax residency: as long as you maintain strong ties to Brazil, you will generally continue filing there.
Read full answer →Yes. EB-5 requires investment in a lawful, transparent business with a documented legal source of funds. Any tie to illegal activity, whether in the funds or the business, can render the investor inadmissible and sink the petition.
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