Visto n' Visa
Frequently asked questions
Straight answers to the most common questions about the EB-5 visa.
No. USCIS does not consider return on investment (ROI) when reviewing an EB-5 petition. What matters is the lawful source of the funds and the required job creation; profitability is the investor's concern, not the immigration process.
Read full answer →Yes. A denial at the EB-5 consular interview does not prevent a new attempt, but it is essential to understand and correct what caused the refusal before reapplying, such as incomplete documentation or questions about the source of funds.
Read full answer →The EB-5 program does not define this. Offering health insurance to employees is a matter of U.S. federal and state labor law, which may require coverage depending on company size and state. Confirm the applicable rules through official sources.
Read full answer →If you fail to remove the EB-5 conditions on time, the petition may be denied and you lose conditional resident status, which can result in losing the right to remain lawfully in the United States. Meet deadlines and keep your documentation in order.
Read full answer →In the EB-5 program, 'job creation combinada' is the combined count of direct jobs, created by the project's operation, and indirect jobs, generated by the economic activity around it. Together, they measure the investment's economic impact.
Read full answer →Yes. There is no legal restriction in the EB-5 program against hiring an American manager or executive; many investors prefer local professionals. Hires must comply with U.S. labor laws, and you still need to demonstrate the required job creation.
Read full answer →Yes. In EB-5 you can include multiple children as dependents, even from different relationships, as long as each is legally connected to you, unmarried, and within the applicable age limit. Document each relationship and check USCIS.
Read full answer →Indirect jobs in EB-5 are positions generated in the economy surrounding the project, not inside the invested company itself. Because they cannot be counted directly, they are estimated through recognized economic impact models, such as the Input-Output Model, accepted by USCIS.
Read full answer →Yes. In the EB-5 program, USCIS monitors the conditional period to verify that capital was invested and required jobs were created. This may involve document requests and interviews. Keep your records in order and confirm current rules with USCIS.
Read full answer →Yes. When reviewing an EB-5 petition, the USCIS considers your immigration history, including past entries, departures, visas, and any irregularities. Transparency and complete information help avoid delays or denial.
Read full answer →After the I-526 is approved and the investor chooses to proceed outside the United States, the form submitted in consular processing is the DS-260, the online immigrant visa application that precedes the interview.
Read full answer →Not simple or automatic: once approved, the I-526 is tied to the specific project and investment structure, and moving to another venture tends to require re-evaluation and may be treated as a material change by USCIS.
Read full answer →Generally, yes. If your I-526 is denied, you may request reconsideration or reopening with the USCIS and, depending on the case, appeal to the competent appellate authority. Confirm deadlines and requirements with the official source.
Read full answer →EB-5 does not set a minimum or maximum salary for the required jobs: the criterion is that they be full-time positions. Wages must, however, comply with applicable labor laws and market standards for each industry and region.
Read full answer →Generally, yes. Once the conditions on your EB-5 green card are removed, you are a full permanent resident and a later divorce does not automatically revoke that status. When applying for citizenship, you may need to show the marriage was genuine.
Read full answer →Yes. As dependents in the EB-5 process, children obtain permanent resident status and, with it, the right to attend public schools in the United States, following the rules of the locality where the family establishes residence.
Read full answer →No. In the EB-5 program there is no separate form for a rural TEA: the petition is filed using the same I-526, whether the area is urban or rural. What establishes TEA qualification is the supporting documentation, not a separate form.
Read full answer →Yes. Under EB-5, USCIS conducts a detailed background check covering personal history, financial records, and lawful source of funds. Evidence of unlawful activity or unverified funds may affect eligibility.
Read full answer →Generally, no. USCIS typically reviews the I-829 without an interview when documentation is complete and free of concerns. However, it may schedule an interview if it identifies inconsistencies or needs additional clarification.
Read full answer →Replacements are not a problem, as long as the documentation shows that the minimum number of full-time EB-5 jobs was maintained over time. What counts is proven continuity of the positions, not who held them.
Read full answer →In the EB-5 program, the minimum investment is required from each investor individually, not from the group: the amount is not pooled or split among participants. Confirm the current amount directly with USCIS before investing.
Read full answer →There is no fixed timeline for I-829 condition removal: processing time varies with USCIS caseload, case complexity, and any requests for additional evidence. For a realistic estimate, check the USCIS processing times tool.
Read full answer →It depends, and requires care. In EB-5, capital must remain 'at risk' and committed for the required period. Reducing your stake may be read as a change to that condition and harm your petition; it is generally only viable if the project documents allow it.
Read full answer →Not every I-526 case requires an interview, but when one occurs, an officer reviews the investment documentation, the source of funds, and the project structure. It may take place at a USCIS office or through consular processing.
Read full answer →Yes. In EB-5, USCIS reviews the traceability and lawful source of the funds, so accounting records that are confusing, incomplete, or fail to support the flow of resources can jeopardize the petition and be among the grounds for an I-526 denial.
Read full answer →Regional Centers in the EB-5 program do not have a fixed number of 'slots' per center. Wait times stem from general visa availability, subject to annual and per-country limits. Follow the Visa Bulletin and USCIS.
Read full answer →In EB-5, the principal applicant is the investor who fulfills the program requirements and anchors the petition. Derivative applicants are dependents (spouse and children within the age limit) who obtain derived status without investing.
Read full answer →For EB-5, the most commonly requested documents are tax returns, financial statements, bank statements and transaction records, and corporate documents, all aimed at proving the lawful source and trail of the invested funds.
Read full answer →To prove jobs are new under EB-5, provide documents showing the positions did not exist before the investment: a business plan, financial reports, payroll records, and employment contracts. Each case is reviewed by USCIS.
Read full answer →Yes. The USCIS has the authority to verify information in your EB-5 petition and, if it finds questions or inconsistencies, may interview third parties such as your accountant to confirm data or the source of funds. Not routine, but it can happen.
Read full answer →Yes, it is common for Regional Centers to charge an administration fee for EB-5 project management services, in addition to other costs. Fees vary widely between centers, so read the contract and review all charges before investing.
Read full answer →No. The Regional Center's consulting provides general guidance on the EB-5 process, but does not replace an immigration attorney, who analyzes your case, defines the strategy, prepares documents, and represents you before the authorities.
Read full answer →Not automatically. In-state residency for tuition purposes does not follow directly from EB-5: each state has its own criteria, such as domicile requirements. Children inherit immigration status, but in-state eligibility is assessed separately.
Read full answer →Yes, under EB-5 a stepchild can be included as a derivative dependent when a qualifying family relationship exists under U.S. immigration law. Living together is not required; what matters is proving the legal relationship. USCIS reviews each case individually.
Read full answer →When USCIS approves an I-526 petition, it sends a formal written notification: the Notice of Action (Form I-797), which confirms the favorable decision and outlines the next steps in the EB-5 process.
Read full answer →There is no legally established minimum operating time for the business before filing the I-829. What EB-5 requires is that the business be genuinely active and that you document the required job creation. Confirm the details with USCIS.
Read full answer →No. A consulate delay in scheduling or conducting the interview does not, on its own, cause you to lose your I-526 approval. Visa issuance may take longer, but monitor your case and confirm what applies with USCIS.
Read full answer →Yes. There are reliable Regional Centers approved by USCIS, but approval attests to compliance with program requirements, not the absence of financial or management risk. Research thoroughly and verify credentials before committing your capital.
Read full answer →It is not required. The EB-5 can be handled on your own, but because it involves many legal and documentation details, working with specialized professionals typically reduces errors and risks in the process.
Read full answer →Yes, you can manage an EB-5 business remotely. In a regional center investment, the investor's role tends to be more passive; in a direct investment, effective participation in management and job creation must be demonstrated.
Read full answer →Yes. As a permanent resident, you can file for personal bankruptcy in the U.S., and that alone does not cause you to lose your green card. The process is governed by bankruptcy law, but it can have lasting effects, such as an impact on your credit.
Read full answer →In the EB-5 program, a 'conditional lawful permanent resident' holds a green card authorizing permanent residence, but subject to conditions. Once the program requirements are met, removal of conditions is requested to achieve full permanent residence.
Read full answer →When you file the I-526 petition, USCIS typically issues a receipt notice (Notice of Action, Form I-797), confirming that your documentation was received and your case has entered the review queue.
Read full answer →Yes. The EB-5 program allows multiple investors to pool resources in a single project (investment pooling), but each investor must meet the required minimum on their own: contributions are not combined or split among the group to reach the minimum.
Read full answer →After the I-526 is approved, the next step depends on where you live: those outside the United States go through consular processing, while those already lawfully residing in the country may apply for adjustment of status to permanent residence.
Read full answer →Yes. In the EB-5, funds must have a documented lawful source, including when they come from the couple's shared marital estate. In that case, documentation is typically joint and may cover both spouses' financial history, always showing where the money came from.
Read full answer →Yes. If your accountant entered incorrect information in the EB-5 documentation, it can be corrected: identify the error, make the correction in the right form, and submit documents that prove the correct information.
Read full answer →No. The EB-5 program applies the same investment requirements to all applicants, with no reduction for military service. Variations in regional center projects stem from the business structure, not veteran status.
Read full answer →In the EB-5 program, capital must remain at risk (capital at risk), so there is no automatic guarantee protecting the investor if the Regional Center faces financial difficulties or bankruptcy. That is why due diligence before investing is essential.
Read full answer →Generally, yes. The EB-5 typically grants conditional permanent residency, which authorizes you to work in the country, so you can pursue another field as long as the investment remains active and meets the program requirements.
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