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

The EB-5 program was created to encourage investments that generate jobs in the United States, offering investors a chance to obtain a green card through a qualified investment. However, it is crucial to understand that this benefit is contingent upon the project’s success, as certain requirements must be met over a specific period.

If the EB-5 project fails to meet the established criteria – for example, the creation of the minimum number of jobs or other eligibility requirements – this can directly impact your immigration status. Usually, investors receive a conditional green card valid for two years, and it is necessary to remove this condition by presenting evidence that the investment fulfilled the program’s requirements.

If the project does not achieve these results, immigration authorities may question or even deny the removal of the conditions imposed on the green card. This situation, depending on what is found, can lead to the loss of the invested benefit, jeopardizing lawful stay in the country.

It is essential to remember that each case has its specificities and that decisions about immigration status take into account a range of individual factors. Monitoring the progress of the project and maintaining complete and detailed documentation is one of the best strategies to demonstrate that all requirements were met or that any project failure was not due to personal action.

Strictly following U.S. immigration laws is fundamental. Thus, it is always recommended to seek guidance from specialized professionals and exercise caution when analyzing information and proposals disseminated in the market, preventing scams or unfounded promises. Avoid following marketing campaigns that guarantee results, as each immigration process involves many details and will always depend on the analysis by the competent authorities.

Remember that the information provided here is for informational purposes only and does not replace personalized consultancy. Evaluate all options carefully and base your decisions on guidance from reliable sources and qualified professionals.

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.