
Frequently asked questions
The questions every
investor asks first.
The investment, immigration and family questions worth asking before you make a commitment.
Investment
How much capital is required?
The current minimum qualifying investment is $800,000 in a targeted employment area or eligible infrastructure project, or $1,050,000 otherwise. Budget separately for project administration, legal, filing, translation and relocation costs. These fees do not normally count toward the qualifying capital. Statutory inflation adjustments begin on 1 January 2027; reconfirm the amount that applies when you file.
Can I lose my investment?
Yes. EB-5 capital must be at risk, and you can lose some or all of it. Review the project’s financing, borrower, security, senior lenders, construction assumptions and exit strategy with independent professionals. Immigration eligibility does not establish investment quality.
Is repayment guaranteed?
No. A projected maturity date or a developer’s track record does not guarantee repayment. The offering documents govern extensions, exit conditions and distributions. Meeting immigration requirements does not force a project to return capital.
What is escrow?
Escrow is an arrangement under which a third party holds money until specified contractual conditions are met. Read the release triggers, refund provisions, fees and consequences of a denial. Money may be released before your petition is approved. Escrow does not make an investment risk-free.
What happens if a project fails?
Both your capital and your immigration case can be affected, particularly if required jobs are not created. Recovery depends on assets, creditor priority and legal rights. We coordinate a review of applicable protections and possible remedial steps with a recommended attorney; a replacement project or recovery is not automatic.
Is the $800,000 investment per person?
Generally the qualifying investment is made by the principal investor, and eligible spouse and unmarried children can pursue derivative residence. The family still has individual eligibility, documentation, visa-number and fee requirements. Use our family cost planner to distinguish capital from additional costs.
Can I qualify by buying a house?
A home bought for personal use does not itself satisfy EB-5. The investment must meet the commercial-enterprise and job-creation rules. A qualifying property development investment is a different structure. Understand the distinction.
Do I need to manage the business myself?
A regional center investment commonly provides defined management or policy rights rather than a daily operating role. We coordinate a review of your obligations under the project agreements. Compare the practical commitments.
Immigration
Is EB-5 approval guaranteed?
No. USCIS assesses your eligibility, investment, lawful source and path of funds, and job-creation evidence. Petition approval is a separate step from visa issuance or adjustment of status. Admissibility checks and visa availability still apply.
What happens if my petition is denied?
Contact us promptly. We coordinate an immediate legal review of the written decision and any motion, appeal or refiling deadlines. A denial does not automatically trigger a full refund. Refund rights, deductions and timing depend on the project documents and any escrow agreement.
How long does the process take?
There is no reliable single duration for every family. Document readiness, petition type, requests for evidence, USCIS workload, country of chargeability and visa availability all matter. Preparation is partly controllable; government adjudication and visa queues are not. Speak to us for a coordinated review of current, case-specific estimates.
Do rural projects receive expedited processing?
Qualifying rural I-526E petitions receive statutory priority processing. Priority applies to petition adjudication and is separate from an individual expedite request. Rural investments also have a 20% reserved visa allocation. Priority does not automatically expedite a work permit, adjustment of status or consular processing, and visa availability still matters.
Can I get a work permit before my EB-5 petition is approved?
Eligible applicants in the U.S. can request a separate adjustment-based work permit while their I-526E petition is pending. Once approved and valid, it generally allows work without H-1B sponsorship. Filing a petition or work-permit request alone does not authorise employment. Speak to us to coordinate the review of your status, immigration history and visa availability.
What are priority dates?
A priority date generally establishes your place in the immigrant visa queue and is usually the date USCIS properly receives your investor petition. When a category has a cutoff, your date must be earlier than the relevant cutoff. A current category does not mean immediate approval.
How do backlogs affect different countries?
Visa allocation usually follows country of birth, not current residence or passport. In the October 2026 Final Action chart, unreserved EB-5 has cutoffs for mainland China and India; all three reserved categories are current for all listed countries. This is a dated snapshot, not a forecast. Check the latest Department of State bulletin and the USCIS filing chart each month.
Family
Can my spouse join?
An eligible spouse may generally immigrate as your derivative beneficiary. Each family member must satisfy applicable requirements and needs a visa number. We coordinate the timing and documentation review for each family member.
Which children qualify?
Generally, unmarried children under 21 may qualify as derivatives. The Child Status Protection Act can affect the age calculation, but protection is not automatic. Bring each child’s date of birth, marital status and immigration history to your consultation.
What happens when a child turns 21?
Biological age alone may not determine eligibility. We coordinate a specialist legal review of CSPA age, visa availability, the seek-to-acquire requirement and the policy that applies. USCIS changed its age-calculation approach effective 15 August 2025, with transitional treatment for certain already-pending adjustment applications. Do not rely on a filing date alone to protect a child.
Can family members work or study in the U.S.?
With a Green Card, eligible family members can generally live, study and work without H-1B sponsorship. Eligible applicants in the U.S. may obtain a separate adjustment-based work permit while their EB-5 petition is pending. Once valid, it can cover internships and jobs; filing alone does not authorise work. Tuition and admissions rules vary by state and institution.
Can my parents join my EB-5 application?
Parents are not derivative beneficiaries of your EB-5 petition. Eligible spouses and unmarried children may qualify, subject to the applicable rules. Discuss each family member with us so we can coordinate the eligibility review; do not assume the entire extended family is included.
Can we live anywhere in the United States?
Permanent residents can generally choose where to live in the U.S.; your EB-5 project location does not generally dictate your home address. Review actual investment responsibilities and maintain U.S. residence. University tuition and state residency benefits follow their own eligibility rules, separately from your project’s location.
Financial & practical
How is source of funds verified?
We help organise the records and coordinate the source-of-funds review. One of our recommended attorneys reviews how the money was lawfully earned or acquired and traces its movement to the investment. Evidence can include tax returns, business records, salary and dividend statements, sale agreements, inheritance or gift documents, and bank transfers. Loans and gifts need their own evidence; unexplained transfers should be addressed before filing.
What are the tax implications?
U.S. lawful permanent residence generally brings U.S. federal tax residence under the green card test, subject to applicable rules and treaties. Worldwide income and foreign asset reporting may be relevant. Obtain U.S. and home-country tax advice before moving, transferring assets or restructuring a business.
Can I continue managing my business abroad?
It may be possible, but an overseas business must be planned around U.S. residence obligations, travel, tax reporting and management arrangements. Long or repeated absences can raise abandonment questions. Bring your actual travel pattern to us; we coordinate input from a recommended immigration attorney and cross-border tax advisers.
What happens after receiving a green card?
Your initial EB-5 permanent residence is conditional for two years. Plan the I-829 filing, preserve investment and job-creation records, monitor the project, and maintain U.S. residence. You also need to manage tax filings, address updates, travel documents and family settlement. Removal of conditions and investment repayment remain separate matters.
What does Residency First charge?
The initial consultation is free. Request a written scope and complete fee and compensation disclosure before engaging or investing, including any project-paid commissions and separately retained specialists.
Does living in Dubai change an Indian-born investor’s queue?
Usually not. Country of chargeability is generally based on birth, not your current residence or passport. Exceptions require individual legal review. Read our Indian family planning guide.
Can I qualify by buying a U.S. home?
A home purchase for personal use does not itself meet EB-5 requirements. EB-5 involves a qualifying commercial enterprise and job creation. A real-estate development may be part of a qualifying project, but that is different from buying your own apartment. Ask what entity receives your investment, how it will be deployed and how jobs are evidenced.
Do I have to run a business every day?
A pooled regional center investment often gives defined management or policy rights rather than a daily operating role. Review the actual agreement and immigration requirements; “passive” should not mean you have no obligations or information rights.
No matching questions. Try another term or speak with an adviser.
Sources: U.S. Code · EB-5 statutory text (2024 edition) · USCIS · I-526E instructions · Department of State · October 2026 Visa Bulletin · USCIS · August 2025 CSPA policy update · IRS · green card test for tax residence
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