If the EB-5 project fails, do I lose my green card?

It is not automatic, but the risk is real. In the EB-5 program, the green card is typically issued first on a conditional basis, and the benefit is tied to meeting the program’s requirements, particularly job creation and maintaining the investment throughout the process.

To make the residency permanent, the investor must demonstrate at the conditions removal stage that the project fulfilled those requirements. If the venture does not achieve the expected results, immigration authorities may question or deny that removal, which can jeopardize lawful permanent residence in the country.

Even so, the outcome is neither predetermined nor immediate. Each case is evaluated individually, taking into account a range of factors. Monitoring the project closely and keeping thorough documentation is the best way to show that the requirements were met, or that any setback was not caused by the investor’s own failure.

Because the outcome depends on the analysis of the competent authorities, be wary of any guarantee promises. The most prudent course is to seek specialized guidance and confirm updated requirements directly with USCIS. This response is informational and does not substitute personalized legal advice.

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.