Visto n' Visa
Frequently asked questions
Straight answers to the most common questions about the EB-5 visa.
Many prefer EB-2 because it is based on academic or professional qualifications rather than requiring the financial investment and job-creation targets of EB-5. The best pathway depends on each candidate's profile.
Read full answer →Generally, no. Being a crime victim does not, by itself, affect EB-5 eligibility: the review focuses on the lawful source of your funds. The key is proving the legality of those funds with clear documentation.
Read full answer →Yes, in principle. Land lease income from Brazil can fund the EB-5, as long as you document the lawful origin of the funds and their regular transfer to the U.S., and the capital remains entirely at risk in the enterprise.
Read full answer →It is a structure in which a short-term bridge loan funds the start of an EB-5 project and is then repaid and replaced by EB-5 investor capital once those funds become available.
Read full answer →No. Filing an EB-5 petition does not grant status or regularize, by itself, someone who is out of status: a pending petition does not fix unlawful presence. This is a delicate scenario that requires professional assessment before any decision.
Read full answer →Yes. The company behind an EB-5 project can be part of a group with subsidiaries in other countries. What the program requires is that the investment itself be deployed in a U.S.-based enterprise that generates the required jobs.
Read full answer →The main EB-5 risks are the project failing to create the required jobs or resulting in a financial loss, poor structuring stalling visa approval, and exposure to fraud and changes in law or economic conditions. Due diligence is essential.
Read full answer →Yes, indirectly. As an employment-based green card category, EB-5 is subject to annual and per-country limits, which can create waiting lines for high-demand nationalities. Monitor availability through the Visa Bulletin and USCIS.
Read full answer →Yes. EB-5 evaluates the investment and job creation, not current immigration status. Refugee status does not bar the application, as long as you document the lawful source of funds and meet the program requirements.
Read full answer →Yes, a minority stake in an LLC can work for EB-5, but only if the capital is truly at risk and contributes directly to the required job creation. Structure matters more than the size of the ownership percentage.
Read full answer →In the EB-5, job creation is demonstrated through documents that show the real economic impact of the investment: payroll records, audited financial reports, tax records, employment contracts, and business progress reports.
Read full answer →Prepare for the EB-5 consular interview by organizing all investment and lawful source-of-funds documentation, reviewing every detail of your case, and practicing clear, honest answers about the project and the origin of your capital.
Read full answer →Yes. The EB-5 grants a green card (permanent residence), and permanent residents are not tied to the business they invested in: you can take another job or pursue a different career, as long as you stay in immigration compliance.
Read full answer →For EB-5, official USCIS fees cover petition processing and are generally not tied to the outcome, so a denial does not automatically trigger a refund. Since fee policies can change, confirm current reimbursement rules directly with USCIS.
Read full answer →An EB-5 company pays the same taxes as any U.S. business, and the tax burden depends on the legal structure: C-Corporations pay federal, state, and local taxes, while LLCs pass income through to their members. Payroll taxes apply when employees are on staff.
Read full answer →TEA ('Targeted Employment Area') is, in the EB-5 program, an area designated by U.S. authorities for having higher unemployment or a rural character. Investing in these areas may require a lower contribution. Confirm the designation and amounts with USCIS.
Read full answer →In the EB-5 program, jobs must remain active throughout the conditional residency period. At the end of that phase, the investor must show that full-time positions were created and sustained in order to remove conditions. Confirm current rules with USCIS.
Read full answer →There is no federal body dedicated to overseeing EB-5 attorneys. In the U.S., attorney licensing and discipline fall under state bar associations (State Bar Associations), which are the right place to check an attorney's registration and disciplinary history.
Read full answer →A change of ownership does not automatically end your EB-5, but it can affect eligibility if it alters the investment structure or job creation. What matters is whether the project continues to meet the program requirements.
Read full answer →Not necessarily. The EB-5 is a legitimate path to a green card through investment, but it does not guarantee speed: processing times vary case by case and the process requires proving the lawful source of funds and job creation.
Read full answer →Not in the traditional sense. EB-5 does not require a history of financial stability, but rather that you prove the lawful source of your funds and your ability to sustain the investment throughout the process.
Read full answer →Yes. You can be a university professor and pursue EB-5 at the same time: EB-5 is an investment-based green card route and does not restrict your academic career. You simply need to meet the program requirements and U.S. immigration rules.
Read full answer →Yes. Buying or financing a hotel can qualify for EB-5 if it is structured as a commercial enterprise that meets the required minimum investment and creates the required jobs (direct, or indirect via a regional center).
Read full answer →Generally, no. The EB-5 requires proving the lawful origin and path of your funds, and credit cards do not provide the traceability the process demands. The standard approach is bank wire transfers that clearly document the source of the capital.
Read full answer →The EB-5 medical exam has a limited validity set by the official rules in effect, and must reflect your current health when the case is decided. If the process drags on, you may need to repeat it. Confirm the valid period with the official source.
Read full answer →Yes, the EB-5 program in principle allows funds from an offshore company, as long as you document the lawful origin of the capital with accounting and tax records and comply with the laws of both the U.S. and the country of origin. Verify requirements with USCIS.
Read full answer →Yes. Job creation for U.S. workers is a core requirement of the EB-5, and you must prove it with evidence. Jobs can be direct or indirect, according to the criteria defined by USCIS.
Read full answer →There is no fixed timeframe. After the EB-5 consular interview, the visa may be issued promptly or enter administrative processing, which varies case by case. Monitor your status through the consulate and the State Department.
Read full answer →Generally, no. To structure and operate a company in the EB-5 context, the number typically used is the EIN (Employer Identification Number), issued by the IRS, not the SSN, which is usually assigned to those already authorized to work in the U.S.
Read full answer →There is no separate program: investment through a regional center has always been part of EB-5 itself. The program offers two paths, direct investment (you run the business) and investment via regional center (project managed by third parties).
Read full answer →There is no fixed page count. An EB-5 business plan should be as long as needed to be complete and credible, covering market analysis, operations, financial projections, and the jobs plan. Project complexity defines the length.
Read full answer →Yes. There is no automatic conversion, but those on F-1 can pursue EB-5 by filing a separate petition, provided they meet the requirements: a qualifying investment, job creation, and proof of lawful source of funds.
Read full answer →Laying off employees in a recession does not automatically cost you your EB-5. However, the program requires creating or maintaining a minimum number of jobs, and reductions that compromise this requirement can create risk, especially when removing the visa conditions.
Read full answer →Matter of Ho is an administrative ruling used as a reference in EB-5 to evaluate job creation projections, particularly indirect jobs, requiring that they be grounded in solid economic analyses rather than optimistic estimates.
Read full answer →Not as a formal requirement. 'Fair market value' is a financial analysis tool, but EB-5 does not require demonstrating it to USCIS. What matters is whether the investment was actually made and whether it will create the jobs required by the program.
Read full answer →Generally no. In EB-5, renting out a property is passive income, and maintenance jobs are typically indirect, rarely sufficient to meet the program's job creation requirement, which focuses on new businesses.
Read full answer →Equity capital is an ownership stake (equity) in the business, with shared risk and return; a loan is debt to be repaid with interest, in a creditor position. In EB-5 this matters because capital must be genuinely at risk in the enterprise.
Read full answer →Under the EB-5, hiring relatives may be accepted as long as the position is legitimate and necessary to the business and the relative meets the role's qualifications. Fictitious hires solely to meet the job-creation requirement are not allowed. Confirm with USCIS.
Read full answer →Generally, yes. Divorce during the process does not cause the principal investor to lose EB-5, as long as the investment and job creation requirements continue to be met. The former dependent spouse may need to be removed from the petition; report the change to the authorities.
Read full answer →Very important. EB-5 rules change over time and can affect investment criteria, timelines, and eligible project structures. Staying current protects investors from surprises and keeps the process in compliance.
Read full answer →No. EB-5 does not depend on professional skills, degrees, or technical experience. The focus is on the qualifying investment and required job creation, not the applicant's resume.
Read full answer →To some extent, yes, but proceed carefully: the EB-5 visa has a validity period for the initial entry, and long delays can force additional steps and raise doubts about your intent to reside. Check the expiration date printed on your visa.
Read full answer →Transferring an EB-5 investment from a TEA to a non-TEA area is not simple: changing the project's location or nature affects the criteria behind the original approval and typically requires filing an amendment with USCIS to show the project still qualifies.
Read full answer →No. The EB-5 and the H-1B serve different purposes and one does not replace the other: the H-1B is a temporary work authorization tied to an employer, while the EB-5 is an investment-based green card pathway.
Read full answer →No. EB-5 is an immigration program reviewed by USCIS, not by a 'broker dealer'. How the investment is offered may follow financial market rules, but that is a separate sphere from the immigration process.
Read full answer →No. The EB-5 conditional green card is not renewed at the end of the period. You must petition USCIS to remove the conditions, proving the investment and requirements were met, to convert it into permanent residence.
Read full answer →Pyramid fraud in the EB-5 program is a scam where promised returns depend on attracting new investors, not on a real job-creating business. Funds are diverted from legitimate projects and the scheme violates program rules.
Read full answer →As a general rule, no. The EB-5 program counts full-time positions, so a single part-time role does not satisfy the requirement on its own. However, combined part-time roles may qualify as a full-time equivalent when total hours meet the required standard.
Read full answer →No. There is no official U.S. government seal attesting to the quality or safety of an EB-5 project. USCIS reviews and approves petitions but does not certify projects, so investor due diligence is irreplaceable.
Read full answer →Generally, no: SBA financing is a loan that must be repaid, and EB-5 requires capital that is the investor's own and at risk. Resources that create a repayment obligation tend to disqualify the investment and may not be accepted.
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