Who Is the EB-5 Program Suitable For?
EB-5 is commonly considered by, including but not limited to:
High-net-worth individuals seeking U.S. permanent residence for themselves and their immediate family through an investment-based pathway;
Applicants who are exploring EB-1A, NIW, or other employment-based options but wish to maintain a parallel capital-based immigration strategy;
Families planning long-term U.S. business operations, asset deployment, or educational arrangements for children;
Individuals currently in the United States under nonimmigrant status (such as F-1 or H-1B) who seek a potential route toward permanent residence.
Important Note: EB-5 is both an immigration process and a financial investment.
From an immigration perspective, the focus is on lawful source of funds, job creation, and statutory eligibility. From an investment perspective, capital is at risk, returns are not guaranteed, and loss of principal is possible. EB-5 decisions should be evaluated with the assistance of qualified immigration counsel and independent financial advisors.
Core Legal Requirements of EB-5 (Overview)
1. Investment Amount
The standard minimum investment is USD 1,050,000. Investments qualifying under TEA, rural, or infrastructure categories may meet the reduced threshold of USD 800,000.
2. Job Creation
Each EB-5 investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers.
For regional center projects, indirect and induced employment may be counted through approved economic methodologies, whereas direct EB-5 investments generally rely on direct payroll employment.
3. Capital Must Be “At Risk”
The invested capital must be irrevocably committed to the new commercial enterprise and subject to both gain and loss. Guaranteed returns, redemption agreements, or de facto capital protection arrangements are not permissible under EB-5 regulations.
4. Lawful Source and Path of Funds
Applicants must document that the investment capital was obtained lawfully and that the entire path of funds—from origin to the project account—is transparent, traceable, and supported by credible evidence.
5. Conditional and Permanent Residence
EB-5 applicants initially obtain two-year conditional permanent residence. Prior to expiration, the investor must file Form I-829 to demonstrate sustained investment and job creation, after which the conditions may be removed and permanent residence granted.
EB-5 Investment Structures and Categories
Direct EB-5 Investment
The investor invests directly into an operating business, often with substantial managerial involvement. Job creation is typically limited to direct employees of the enterprise.
Regional Center Projects
Investments are made through USCIS-designated regional centers. These projects permit the use of indirect and induced job calculations and are commonly selected by investors seeking a more passive role. Project quality and compliance, however, vary significantly and require careful review.
TEA and Visa Set-Asides
Under current law, investments in rural, high-unemployment, or qualifying infrastructure projects may benefit from reduced investment thresholds and reserved visa allocations, potentially mitigating backlogs for certain countries.
Our Firm’s EB-5 Legal Process
Step 1: Initial Assessment & Overall Strategy
Our firm conducts a professional assessment based on baseline information provided by the client.
We review the applicant’s profile, including:
Family members; current status (in the U.S. / abroad); and whether the applicant has other immigration plans.
General composition of the source of funds, investable amount, and risk tolerance.
We provide an initial overview of:
The latest EB-5 policies, required investment amount, visa bulletin/backlog, and quota considerations.
Whether Direct EB-5 or Regional Center EB-5 is more appropriate, and whether TEA / Rural / Infrastructure projects should be prioritized.
If the applicant is in the U.S., whether they may qualify for concurrent filing with Form I-485 (Adjustment of Status), where available.
Deliverable: A written or oral preliminary feasibility review, an estimated timeline, and key risk flags.
Step 2: Project Selection & Preliminary Due Diligence (Not Investment Advice)
We do not replace independent financial advisors. However, we identify key risk points from an immigration compliance perspective.
We help clients understand project differences, including:
Location (TEA / Rural eligibility)
Job creation methodology (Direct vs. Regional Center; direct vs. indirect jobs)
Capital structure (equity / debt / mezzanine structure, etc.)
From an immigration-law perspective, we review:
Whether the regional center is properly re-designated/approved under the RIA and its current filing/registration status.
Whether project documents clearly address job creation, use of funds, and exit mechanics.
Whether the project meets RIA integrity and disclosure requirements (e.g., Integrity Fund, annual disclosures).
Important: Investment decisions should be made by the applicant with independent financial/investment advisors. Our review focuses on whether the project can support the immigration petition as a matter of legal compliance.
Step 3: Source & Path of Funds Documentation
This is one of the most critical components of an EB-5 case.
Our firm will:
1) Build a tailored source-of-funds checklist, such as:
Paystubs, tax filings, and bank statements
Real estate sale/purchase contracts, transfer records, and proof of proceeds
Equity transfer agreements, dividend resolutions, and payment records
Inheritance/gift notarizations and supporting fund-transfer evidence
Lawful loan agreements, collateral documents, and disbursement/repayment records, etc.
2) Design a clear “Path of Funds” map:
From original source account → intermediary accounts → remittance channels → project escrow/fund account
With supporting bank letters, wire receipts, and transaction proofs for each step
We organize the source and path into a structured narrative, supported by evidence and legal analysis, to reduce RFE/denial risk based on “unclear source of funds.”
Step 4: Execution of Project Documents & Capital Transfer
After confirming the project and confirming there are no material legal/compliance concerns from counsel and advisors:
The client will typically:
Execute subscription documents, partnership/operating documents, and related agreements with the project.
Transfer the investment capital and required fees to the designated escrow/project account per project instructions.
Our firm reviews key legal documents (from an immigration compliance perspective) and flags:
When capital is considered “at risk” for EB-5 purposes
Exit terms, distribution provisions, and how adverse outcomes are addressed
Step 5: Filing the I-526 / I-526E Petition
Under the RIA, filing forms differ by project type (e.g., I-526 vs. I-526E). We select the correct category based on the project structure and the latest USCIS requirements.
Our firm prepares and files:
The EB-5 petition (Form I-526 / I-526E)
Legal brief (attorney memorandum)
Full source and path of funds evidence
Project materials (business plan, economic report, regional center documentation, as applicable)
After filing, we provide:
If an RFE or NOID is issued, we will:
Analyze the examiner’s concerns (source of funds, job creation, project compliance, etc.)
Coordinate with the client and project team to develop supporting evidence and explanations
Submit a complete response within the statutory deadline
Step 6: Adjustment of Status (I-485) or Consular Processing
Once the I-526 / I-526E is approved and a visa number is available, the case typically proceeds via:
If the applicant is in the U.S.:
File Form I-485 (Adjustment of Status) to obtain a conditional green card
Where appropriate, file concurrently for:
If the applicant is outside the U.S.:
Proceed through Consular Processing
Complete medical exam and visa interview; upon issuance and entry, receive a two-year conditional green card
The RIA allows certain EB-5 applicants in the U.S. to file I-485 concurrently with I-526/I-526E in qualifying situations; feasibility depends on visa category, current status, lawful presence, and other factors.
Step 7: Form I-829 (Removal of Conditions)
Before the conditional green card expires, the applicant must file Form I-829 within the applicable filing window to:
Show the investment has been sustained and not prematurely redeemed
Demonstrate the creation (or preservation, where applicable) of at least 10 full-time jobs
Our firm coordinates with the project to:
Collect operational, job creation, and financial documentation
Prepare and file the I-829 petition and supporting legal submission
Upon I-829 approval, the applicant and derivatives become unconditional lawful permanent residents.
EB-5 Services Our Firm Provides
1) One-on-One Background & Risk Assessment
Review family background, asset structure, and source of funds
Explain pros/cons and potential combinations among EB-5 and alternatives (EB-1A / NIW / L-1 / E-2, etc.)
2) Project Compliance Review (Immigration-Law Perspective)
Review EB-5-related project documents, business plan, and economic report
Flag structural and policy risks (no securities/investment advice)
3) Source & Path of Funds Planning, Review & Packaging
Create a customized source-of-funds checklist
Design fund-flow charts, prepare narratives, and draft supporting explanations
4) Prepare and File I-526 / I-526E and Follow-On Filings
Draft legal brief and assemble complete filing package
Liaise with USCIS and handle communications
Respond to RFE / NOID, if issued
5) Status Bridging & Family Immigration Planning
6) Full Support Through the I-829 Stage
Risk Considerations and Common Misconceptions
EB-5 is not a real estate purchase program. Personal property ownership alone does not satisfy EB-5 requirements.
Guaranteed returns or principal protection may indicate noncompliance and pose immigration risk.
Investment performance does not equate to immigration success. Compliance and job creation are paramount.
Regulatory and fee structures evolve. RIA introduced heightened disclosure, integrity oversight, and compliance obligations for projects and investors.
EB-5 Legal Services We Provide
Individualized eligibility and risk assessment
Immigration-focused project compliance review
Source and path of funds strategy and documentation
Preparation and filing of EB-5 petitions and responses
Status planning for principal applicants and dependents
Full representation through I-829 adjudication
Frequently Asked Questions (FAQ)
Is return of principal guaranteed?
No. EB-5 regulations require capital to remain at risk, and investment outcomes depend on project performance.
Must investors actively manage the business?
Direct investments typically require greater involvement, while regional center investments are generally passive.
Can EB-5 be filed from outside the United States?
Yes. Applicants may proceed through consular processing or, if eligible, adjust status within the U.S.
What about visa backlogs?
Visa availability depends on country of chargeability and project category, including TEA or set-aside classifications.
This page provides general information only and does not constitute legal advice or an offer of investment. EB-5 investments involve financial risk, and our firm does not act as an investment advisor or broker. Immigration laws, regulations, and government fees are subject to change, and each case must be evaluated individually based on current law and facts.
