If my dependents don’t want to move to the U.S., will I lose my EB-5?

No. The fact that a dependent does not immediately move to the United States does not invalidate your EB-5. The visa is granted to the investor and their family, and each dependent decides when to make the move.

The concern comes later: once a dependent receives the green card, they become a permanent resident and take on the obligation to maintain the intent to reside in the United States. Spending extended periods outside the country may be interpreted by authorities as abandonment of status, creating issues upon reentry or at the time of green card renewal.

• Delaying the move does not cancel the investor’s EB-5.
• Each dependent who activates the green card must preserve their residency.
• Prolonged absences are the main risk to status.

Because the analysis of residency intent is made on a case-by-case basis, it is worth reviewing the updated rules on green card maintenance with USCIS or a specialist before planning extended stays outside the U.S.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.