Frequently Asked Questions

Here are the most common questions applicants ask about the EB-5 visa process, eligibility, and benefits.

• What is the difference between regional center and direct EB-5 investments?
  Regional center investments allow investors to count indirect and induced jobs toward the 10-job requirement and typically involve more passive management. Direct investments only count W-2 employees directly employed by the new commercial enterprise and require more active management by the investor. About 90% of EB-5 investors choose the regional center option for its convenience and job creation flexibility.
• What is a Targeted Employment Area (TEA)?
  A Targeted Employment Area (TEA) is either a rural area or an area with high unemployment (at least 150% of the national average). Investments in TEAs qualify for the lower investment amount of $800,000 instead of the standard $1,050,000. TEA designations are now determined by USCIS rather than states, using specific census tract data.
• Can I get my investment back?
  Yes, but the investment must be "at risk" with no guaranteed return during the conditional residency period. Most EB-5 projects have an exit strategy that allows investors to receive their capital back after the I-829 petition is approved and conditions are removed from their green card, typically 5-7 years after the initial investment.
• What happens if my I-526E petition is denied?
  If your I-526E petition is denied, you may be able to appeal the decision or file a motion to reopen or reconsider. Most reputable regional centers and projects offer provisions to return your investment if your I-526E petition is denied, minus administrative fees. However, this varies by project, so it's important to review the offering documents carefully.
• Do I need to live where I invest?
  No. EB-5 investors can live anywhere in the United States, regardless of where their investment is located. This is particularly true for regional center investments, which are typically passive investments that don't require the investor's physical presence for day-to-day operations.
• Can my children over 21 get green cards through my EB-5 application?
  Children who are under 21 at the time of filing the I-526E petition can receive green cards as derivatives. However, if they turn 21 before the petition is approved, they may "age out" and become ineligible. The Child Status Protection Act (CSPA) may provide some protection, but for children close to 21, filing separate EB-5 applications might be advisable.
• What is the success rate for EB-5 applications?
  The approval rate for I-526E petitions has historically been around 80-90% when properly prepared and documented. However, success rates vary significantly based on the quality of the project, the thoroughness of the source of funds documentation, and the expertise of the legal team preparing the application.