If my dependents do not want to move to the USA, do I lose the EB-5?

The EB-5 program is a pathway that allows the investor and their dependents to obtain permanent resident status (the so-called green card) in the United States, upon fulfilling certain investment and job creation requirements. This visa is granted on the premise that the beneficiary will establish residence in the USA, but it does not necessarily require the immediate move of all family members.

In the case of dependents who choose not to move immediately to the United States, it is important to understand that, once the EB-5 visa is granted, they acquire permanent resident status. This means that, technically, they already have the right to live in the USA, but they are also required to maintain the intention to reside permanently in the country. Remaining outside the United States for long periods may be interpreted by immigration authorities as a possible abandonment of this status, which can lead to complications upon reentry or when renewing the green card.

Therefore, the fact that your dependents do not move immediately to the USA does not invalidate the EB-5 itself, but it can affect the maintenance of the permanent resident status if prolonged time spent outside the country raises questions about the genuine intention to reside in the USA. Thus, it is essential that all beneficiaries are aware of the obligations and risks involved.

It is always recommended that interested parties keep up to date with current U.S. immigration laws and regulations, and seek guidance from reliable sources. Paying attention to official information, consulting specialized immigration professionals (without this constituting direct advice), and avoiding offers that promise guaranteed results are essential practices to ensure procedures are carried out in accordance with applicable laws.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.