Is a surety bond or performance bond required?

The EB-5 is the investment-based immigration pathway that allows applicants to obtain a green card by deploying capital into ventures that create jobs in the United States. The process carries several regulatory requirements, but not every obligation originates from the immigration agency.

On surety bonds or performance bonds: as a general rule, the USCIS does not impose this type of guarantee as an EB-5 visa requirement. In other words, within the immigration petition process, there is no formal requirement to present a bond in order to qualify the investment.

The caveat lies with each individual project. Developers and operators, especially those affiliated with Regional Centers, may include internal guarantees, insurance, or bonds in their contracts to protect project execution and the use of funds. These instruments are commercial conditions of the investment, not requirements of the immigration process.

• The EB-5 visa itself does not require a surety bond or performance bond.
• Projects and Regional Centers may require guarantees by contract.
• These are commercial protections, distinct from immigration requirements.

Before investing, review the terms of each contract carefully and, when possible, consult specialized professionals to assess risks and guarantees. Always confirm updated visa requirements at the official source (USCIS).

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.