While the EB-5 program allows you and your family to qualify for permanent residency through investment, the process can take time. Processing backlogs, visa availability, and USCIS review periods may sometimes add up, which is not ideal for many investors.

However, the changes introduced by the EB-5 Reform and Integrity Act of 2022 (RIA) created new advantages for certain types of investments. In particular, EB-5 rural projects offer a path to quicker Green Card approvals and have become a strategic option for those who want to shorten the wait time and reduce the uncertainty associated with potential EB-5 backlogs.

In this article, we will break down why rural investments stand out within the EB-5 program and specific features you should look for when choosing one.

What Are Targeted Employment Area Projects?

Since 1990, the EB-5 program has provided foreign nationals with a pathway to U.S. Green Cards through qualifying investments in U.S. businesses that create at least 10 full-time jobs for U.S. workers. The program, managed by United States Citizenship and Immigration Services (USCIS), was created to drive economic growth, with additional incentives for projects located in underserved regions.

These areas are called targeted employment areas (TEAs), and while the standard EB-5 minimum investment is $1,050,000, a project in a TEA qualifies for the lower amount of $800,000. TEAs fall into two main categories: rural and high-unemployment urban areas. Rural projects generally provide the most advantages to investors.

Advantages of Choosing a Rural EB-5 Investment Project

A project is classified as a rural TEA investment if it is located outside a metropolitan statistical area. Also, it must lie beyond the boundary of any city or town with a population of 20,000 or more, based on the most recent U.S. census. Alongside the lower investment threshold of $800,000 that comes with TEA investments, you enjoy these significant benefits:

Priority Processing

Applicants who choose rural projects receive faster petition processing times. Filing an EB-5 petition is a critical step, and depending on the type of investment, investors file either Form I-526 or Form I-526E. Here is a summary of their differences:

• Form I-526 or Immigrant Petition by Standalone Investor: Used by direct investors who invest into a new commercial enterprise independently. Direct investors face heavier management duties and tougher job creation requirements. Also, they must rely only on direct jobs because indirect or induced jobs cannot be counted.
• Form I-526E or Immigrant Petition by Regional Center Investor: Filed by investors working with USCIS-approved regional centers, this route offers more flexibility since indirect and induced jobs may be counted. Moreover, regional centers pool capital from multiple investors, which allows developers to fund larger projects and strengthen job creation prospects.

Recent FOIA data release further highlights the advantage of rural filings:

• USCIS approved around 97% of both rural and urban TEA petitions from 2022 through early 2025. But rural petitions received far quicker adjudication, even though urban petitions outnumbered rural ones.
• From April 2022 to January 2025, 53% of petitions filed were for urban projects and 44% for rural projects. Even so, USCIS processed three times as many rural petitions.
• Between February 2023 and May 2025, USCIS adjudicated 967 rural filings compared to only 74 urban ones. Nearly all rural petitions were approved in under a year, proving that rural projects enjoy a clear priority in processing compared with the urban or high-unemployment category.

Set-Aside Visa Access

Each year, the EB-5 program allocates a fixed number of visas for investors, spouses, and unmarried children under 21. No country can receive more than 7% of the annual quota, which often creates visa backlogs in countries with high demand, such as China and India.

To address these delays, the RIA created visa set-aside categories for rural TEAs, high-unemployment TEAs, and certain infrastructure projects. The reserved percentages of the total EB-5 visa quota for each of these three categories are as follows:

• Rural TEAs: 20%
• High-Unemployment TEAs: 10%
• Public Infrastructure Projects: 2%

With 20% of visas reserved for their category, rural investors are less likely to experience visa backlogs or long delays compared to other applicants.

How to Identify a Strong Rural EB-5 Project

To make sure your funds are safe and your immigration goals are met, you should evaluate the following factors of a rural EB-5 project before committing:

• Consistent track record: Look into the regional center’s track record for I-526E and I-829 approvals, transparency, willingness to share project documents, and the availability of detailed financial and business plans. A strong track record signals reliability.
• Diversified funding: The best projects are not solely dependent on EB-5 capital. Instead, they have significant developer equity contributions and senior financing from trusted banks, which lowers risks for EB-5 investors.
• Ongoing construction: Projects with construction already in progress pose less risk. In some cases, such projects may already meet certain EB-5 requirements, such as job creation, making them safer options for investors.
• Job creation guarantees: Every EB-5 investment must result in at least 10 full-time U.S. jobs. So, you should choose projects with credible forecasts projecting more than the required minimum as a margin of safety for investors.

Accelerate Your Journey With EB5AN’s Rural Projects

Rural EB-5 investments are one of the most strategic ways to secure a U.S. Green Card as quickly and efficiently as possible. Still, the quality of the project you choose matters to protect both your investment and your immigration goals.

At EB5AN, we sponsor carefully vetted rural projects that balance lower risk with strong compliance. Our team has helped more than 2,700 foreign investors to secure their Green Cards.

Book a free call with us today to check our list of reliable rural investments that are compliant to protect your permanent residency plans.

The Trump administration introduced a sweeping change to the H-1B visa program on September 19, 2025. Under the new policy, companies that sponsor foreign professionals will have to pay a $100,000 fee for every H-1B employee they hire. With this fee being so steep, many employers will be discouraged from sponsoring new H-1B applicants.

As a result, companies are expected to reduce the number of H-1B petitions they file, leaving many highly skilled foreign nationals uncertain about their future in the United States. With H-1B visas becoming harder and more expensive to keep, EB-5 is now viewed as a straightforward ticket to live and work in the U.S. long term.

In this article, you will learn about the Trump administration’s new H-1B policy and what this shift means for the future of the EB-5 program.

A Closer Look at the Trump Administration’s New H-1B Rules

Employers seeking to sponsor new H-1B workers will now have to pay a $100,000 fee for each petition. That’s a sharp increase from the previous range of $2,000 to $5,000. The new rule took effect on September 21, 2025, for all new petitions filed after 12:01 a.m. Eastern Time. It will remain in place for 12 months unless extended.

According to the administration, this change is part of a broader effort to reform U.S. immigration policy, particularly in the high-skilled worker category. The stated goal is to curb visa misuse, protect American workers, and refocus the H-1B program on genuinely high-value, high-wage positions. As the USCIS director noted in a September 20 memorandum, the rule was issued “to address systemic abuse of H-1B nonimmigrant visas.”

Clarifications and Early Reactions

The sudden rollout caused widespread confusion. Furthermore, many employers and applicants weren’t sure whether the fee was annual or one-time, or if it applied to renewals and existing visa holders. The White House later confirmed that it’s a one-time fee per petition, not annual, and it applies only to new H-1B applicants, not renewals or existing holders.

As USCIS noted plainly, the proclamation “does not apply to aliens who … are the beneficiaries of currently approved petitions, or are in possession of validly issued H-1B non-immigrant visas.” Even after this clarification, many workers and companies were caught off guard.

Reuters reported that H-1B workers abroad, particularly those from India and China, were “racing back to the U.S.” in the hours before the rule took effect, with some canceling or cutting short travel plans to avoid being locked out or charged the new fee.

Some major companies circulated internal memos urging employees outside the country to return before the September 21 deadline and advising those already in the U.S. to postpone international travel until further notice.

Industry Concerns and Mixed Reactions

Reactions have been divided, though many lean toward concern or opposition. In the tech industry, where H-1B visas are heavily used, leaders say this will sharply raise costs, especially for smaller firms and startups that don’t have massive budgets to absorb these new fees. There are similar worries that this change will make the U.S. less attractive to global talent, slow down hiring, or push companies to offshore work.

Some economists warn that the policy could hurt U.S. economic growth, innovation, and competitiveness. Others, however, argue that the fee will help level the playing field for U.S. workers by reducing misuse of the visa system. Commerce Secretary Howard Lutnick said the new rule would make the job market fairer for domestic workers.

Still, employer groups like the U.S. Chamber of Commerce and India’s Nasscom have voiced strong objections, saying it is “concerned about the impact on employees, their families and employers” and that it is “working with the Administration and our members to understand the full implications and the best path forward.”

Industry bodies have also warned that the abrupt implementation of the fee, and the lack of clarity around which petitions are covered or will be exempted, are creating “considerable uncertainty for businesses, professionals, and students across the world.”

Nonetheless, the proclamation includes certain exemptions, which may be granted at the discretion of key officials. For instance, the Secretary of Homeland Security may exempt specific petitions if doing so is considered to serve the national interest.

How This Change Affects the Future of the H-1B Program

The current administration’s intentions are clear: they want H-1B visas to be more expensive and more selective. For those seeking or already holding these visas, that makes predicting the program’s future more difficult. The H-1B visa has always been temporary and employer-dependent, but this new policy makes it even more restrictive.

Many smaller or mid-sized companies will struggle to justify the $100,000 sponsorship cost, so the number of new petitions is expected to drop sharply. For American workers, this could mean more job openings. But for foreign professionals hoping to build a career in the United States, the H-1B path has suddenly become less reliable.

This tightening of opportunities puts the spotlight on the EB-5 program, one of the few immigration options that remains practical in 2025. Unlike H-1B, EB-5 does not rely on employer sponsorship and leads directly to permanent residency.

With a one-time investment of $800,000 in a qualifying project, EB-5 applicants and their families can secure Green Cards within months. EB5AN’s investors, for example, have received Green Cards in as little as nine months and work and travel permits in only 33 days.

Why Many H-1B Holders Are Turning to EB-5

The shift in H-1B policy especially affects Indian nationals, who make up about 71% of all approved H-1B visa holders, most of them in the tech sector. These are the workers most exposed to the new $100,000 fee and its ripple effects. Many who once viewed H-1B as the only route to live and work in the U.S. are now seeing EB-5 as a more beneficial and secure alternative.

As permanent residents, EB-5 investors can build their careers freely without depending on an employer or facing visa lottery uncertainty. Under the new H-1B structure, a foreign worker’s future depends on an employer willing to spend $100,000 to sponsor them. In the meantime, the visa itself remains temporary, subject to renewal, and limited to a specific role within a specific industry.

By contrast, EB-5 offers permanent residency through a single investment. You can work for any company, start your own business, or switch industries without risking your immigration status. It gives professionals the freedom to control their careers rather than rely on a sponsor’s decision.

Comparing EB-5 and H-1B Pathways

Here is a closer look at the differences between the EB-5 and H-1B visas:

S/N	Features	EB-5 Immigrant Investor Program	H-1B Visa
1.	Financial Requirement	One-time $800,000 investment in a qualifying project.	Employers must now pay $100,000 per petition under Trump’s September 19 proclamation.
2.	Result	Permanent U.S. Green Card for the investor and their immediate family.	Temporary non-immigrant work visa, valid for up to 3 years at a time, requires renewal.
3.	Residency Status	Live and work permanently anywhere in the United States.	Status tied to visa approval; no direct path to permanent residency without a separate Green Card process.
4.	Employer Sponsorship	Not required because it is independent of an employer.	Mandatory because the visa depends entirely on the employer’s continued support.
5.	Career Flexibility	Free to work for any employer in any industry or start a business.	Restricted to the sponsoring employer and the specific approved position.
6.	Security	Stable path to U.S. residency, not subject to annual lottery or renewals.	Highly competitive lottery; now, far fewer petitions are expected due to the high sponsor fee.
7.	Timeline	Green Card approval is possible in only months.	Annual lottery; long waits are common, especially for Indian nationals.
8.	Family Benefits	Spouse and children under 21 also receive Green Cards.	Spouses may apply for a dependent visa (H-4) with limited work authorization in many cases.

Transition From Uncertainty to EB-5 Security

Although the goal of Trump’s introduction of a $100,000 fee for the H-1B visa is to control demand and protect domestic workers, it may lead to limited opportunities for professionals seeking to work in the U.S. In contrast, the EB-5 Immigrant Investor Program continues to operate under stable and transparent rules.

The first step to making your journey to permanent residency even smoother is to partner with a reputable regional center. That’s where EB5AN comes in. Our decade-plus track record of compliance, transparency, and investor support has helped over 2,700 families, including those of global professionals, get Green Card approvals.

Schedule a free consultation with us to better understand how EB-5 offers the security of building your future in the U.S.

In September 2025, President Trump signed an executive order creating a new pathway to U.S. residency called the “Gold Card.” The order aims to simplify and speed the process for wealthy individuals seeking U.S. residency. However, the way it has been structured creates significant limitations.

The executive order suggests that Gold Cards will be processed through the existing EB-1 and EB-2 employment-based categories. This means that the new card does not remove the long delays that investors from high-visa-demand countries, most notably India and China, continue to face.

In this article, we will walk you through how the Gold Card is supposed to work and why EB-5 remains a safer route for Indian and Chinese nationals.

How Trump’s New Gold Card Is Supposed to Work

President Trump’s executive order issued on September 19, 2025, introduces the Gold Card as a new immigration option administered by the Department of Commerce. To qualify, applicants must make what the order calls an “unrestricted gift”—a payment of $1 million for individuals or $2 million when made through a sponsoring corporation. These funds will be placed in a dedicated Treasury account intended to support U.S. commerce and industrial growth.

From an immigration standpoint, the order instructs the Departments of State and Homeland Security to treat this financial contribution as proof of eligibility for either EB-1 priority worker classification (8 U.S.C. §1153(b)(1)(A)) or EB-2 advanced degree or exceptional ability classification (§1153(b)(2)(A)). It also allows applicants to seek a national interest waiver under §1153(b)(2)(B).

The Gold Card, therefore, does not constitute a new visa category. Instead, it functions as a fast-track mechanism within the existing EB-1 and EB-2 frameworks. The Departments of Commerce, State, and Homeland Security have been given 90 days to roll out the program, set adjudication timelines, determine related fees, and outline procedures for corporate sponsorship transfers.

The order explicitly notes that implementation must comply with the visa caps established under 8 U.S.C. §1151 and related provisions. In practice, this means per-country limits remain in force—an important restriction for nationals of China and India, whose employment-based categories already experience lengthy backlogs.

Legal and Constitutional Concerns About the Gold Card

Many legal observers believe the Gold Card initiative will face serious court challenges. A central question is whether the president has the authority to reshape immigration rules in a way that alters who qualifies for existing visa categories—particularly EB-1 and EB-2—without legislative approval. Under the Immigration and Nationality Act (INA), the power to establish or substantially change visa categories generally rests with Congress, not the executive branch.

Another concern involves the constitutional separation of powers. By introducing a pathway to permanent residence based on large financial “gifts” instead of traditional professional or educational qualifications, the executive order could be seen as overstepping the boundaries of presidential authority. Critics argue that this approach may conflict with the INA’s detailed rules on visa quotas and eligibility standards.

Legal disputes may also center on how the program is carried out. Questions could arise about how agencies interpret “substantial benefit,” confirm or process the donations, and ensure fair administrative procedures. If the rules are unclear or appear arbitrary, courts may intervene—especially if the program is found to violate the Administrative Procedure Act (APA) by lacking proper notice, reasoning, or opportunities for public feedback.

Important Things to Know About the Gold Card

It is easy to assume that the Gold Card guarantees a quick or easy route to a U.S. Green Card. However, it is important to know that the program has these major limitations that you should understand before considering participation:

1. Backlogs Remain for India and China

Every Gold Card applicant will still be subject to annual visa limits, including the per-country caps that restrict the number of immigrant visas issued to each nation. In other words, the approval of an application does not guarantee a faster Green Card. For Indian and Chinese nationals, this means the Gold Card offers very little practical relief.

Both the EB-1 and EB-2 categories for these countries already experience some of the most severe visa waits in the entire U.S. immigration system. Because the law limits each country to roughly 7% of the total visas issued per year, demand from India and China far exceeds the available supply. As a result, even applicants with approved petitions must wait several years before their visa numbers become available.

As of the November 2025 Visa Bulletin, the EB-2 category for India has a cut-off date of April 1, 2013. This means that many Indian nationals applying under EB-2 could face waits of 10 years or more before they are eligible for final processing. While the delays for Chinese nationals are somewhat shorter, they are still burdensome, with significant EB-2 delays.

For this reason, the Gold Card—though highly publicized—offers little real advantage to applicants from India and China. While the executive order allows a monetary contribution to serve as proof of EB-1 or EB-2 eligibility, it does nothing to speed up movement in the Visa Bulletin. Cut-off dates in these categories will continue to inch forward slowly, often progressing only by weeks or months.

Even after making the required contribution, families from these countries would still find themselves waiting behind tens of thousands of others in the same visa queue for their turn to receive available numbers.

2. The Contribution Is Nonrefundable

According to the financial structure, the required payment is described as an “unrestricted gift” to the U.S. Department of Commerce. These funds will be deposited into a special Treasury account that supports American industry. It is not an investment, not a loan, and not recoverable. For Indian and Chinese applicants facing decade-long waits, the prospect of paying $1 million without any short-term immigration benefits or long-term financial returns makes it an expensive and risky choice.

Why EB-5 Remains the Safest Option for Indian and Chinese Applicants

Judging by how the Gold Card system works, it will most likely be more useful to wealthy applicants from countries that do not have backlogs in the employment-based visa categories. For them, the path to a Green Card could be relatively short, since their country’s visa numbers are still available. Unlike EB-5 investors, Gold Card participants would not need to meet job creation or project compliance requirements. Essentially, they would be purchasing permanent residency through a donation.

However, as explained earlier, the Gold Card does not provide practical benefits for Indian and Chinese nationals. By contrast, the EB-5 program remains a more secure path to U.S. residency for Indian and Chinese investors for the following reasons:

• Faster processing through set-aside visa categories: Investors who choose rural EB-5 projects can access reserved visas and avoid long backlogs. This can lead to Green Card approvals in months rather than years.
• Capital recovery potential: EB-5 funds are structured as investments, not gifts. Qualified investors can recover their $800,000 capital contribution and may even earn returns once the project reaches maturity.
• Early immigration benefits: For those already in the U.S. on temporary visas like H-1B, filing an EB-5 petition allows immediate application for adjustment of status. This enables you and your family members to obtain employment authorization documents (EADs) and advance parole (AP) within weeks, providing legal status, work permission, and travel flexibility while waiting for Green Card approval.
• Documented success rates: EB5AN investors have received I-526E approvals in as little as 5 months and Green Cards in under 9 months. Additionally, some have received EADs and APs in as little as 33 days.

Explore the Safer Route to a Green Card

The Gold Card is an ambitious proposal, but it also has serious limits, especially for people from India and China. Moreover, the legal and constitutional challenges call the program’s durability into question. For Indian and Chinese nationals, EB-5 has proven to be a more reliable path.

The first step of your journey is to partner with a reputable EB-5 firm like EB5AN that has over a decade of experience. We understand the complexities of EB-5 and have helped 2,700+ families become Green Card holders amidst shifting immigration policies in the U.S.

Feel free to schedule a consultation with us at no cost for personalized guidance on the right immigration plan for you and your family.

Wondering if a relative can sponsor your EB-5 visa is a fair question, especially if you have family members who are willing to support your dream of living and working in the U.S. However, the EB-5 program works differently from family-based visas. It is an investment-based immigration pathway, not a sponsorship-based one.

In EB-5, the main focus is on the source and legitimacy of the funds used for the investment. Because of this, sponsorship has a different meaning in the EB-5 context. If you are wondering whether a family member can provide money for your EB-5 investment, the short answer is yes, but there are important rules you need to follow.

In this article, we will walk you through what sponsorship means for EB-5 investors and how to ensure your gifted funds stay compliant with USCIS requirements.

How Sponsorship and Investment Support Are Defined

In traditional immigration programs like the family-based Green Card process, “sponsorship” means a U.S. citizen or lawful permanent resident petitions for a family member and provides financial support through an affidavit of support. However, the EB-5 program works differently.

The EB-5 program is not a family-based immigration category but an employment-based Green Card pathway. It allows foreign investors to obtain U.S. permanent residency by investing capital into a new commercial enterprise (NCE) that creates at least 10 full-time jobs for U.S. workers.

When a relative offers to “sponsor” your EB-5 application, what they’re actually doing is helping you meet the required investment amount. In this case, their role is financial, not legal. The relative provides the capital as a gift, and this is fully acceptable under EB-5 rules, as long as the source of funds and path of the funds are clearly documented and proven to be lawful.

Can I Receive Gifted EB-5 Funds?

Yes, you can accept EB-5 investment funds that come as gifts. In fact, this is a common route for younger investors such as international students or recent graduates who may not yet have the required capital. Parents, grandparents, or close relatives often provide the investment amount as a financial gift.

However, while gifting is permitted, it introduces extra documentation and information requirements. USCIS must confirm that the funds were obtained legally and that the gift is genuine.

USCIS Documentation Requirements for Gifted EB-5 Funds

To prove that gifted funds are lawful and meet USCIS standards, specific documentation must be included in the investor’s I-526E petition. These include:

1. Gift Letter

The first and most important document is the gift letter. This letter is to be submitted to USCIS as part of the I-526E petition and must:

• Identify the donor and the recipient.
• Clearly state the amount of the gift.
• Declare that the funds are a gift with no expectation of repayment.
• Specify the date the gift was made.
• Include the donor’s signature, and preferably, be notarized.

2. Proof of the Donor’s Source of Funds

The gift letter alone is not enough. USCIS requires evidence that the donor legally earned or acquired the funds they are gifting. Acceptable documentation includes:

• Tax returns.
• Bank statements showing savings accumulation.
• Property sale records.
• Business earnings documentation.
• Inheritance papers (if applicable).

3. Transfer Records

You will also need to show how the funds were transferred. For this, you can use:

• Bank transfer records from the donor to the investor.
• Any intermediate steps if the money passed through multiple accounts.

4. Proof of Family Ties

To establish credibility and context, you’ll need to demonstrate your relationship with the donor. This might require:

• Birth certificates.
• Family records.
• Sworn affidavits, if needed.

Other Legal Ways to Fund Your EB-5 Investment

If receiving a gift is not an option, investors can still fund their EB-5 investment through several other legitimate methods that meet USCIS requirements. Each option must be properly documented to show the lawful source and movement of funds. Here are the most common alternatives:

• Loans: Investors may use secured or unsecured loans to cover the required investment.
• Business profits: Profits from a personally owned enterprise can be used for EB-5 investment.
• Personal savings: Accumulated personal savings are another acceptable option.
• Inheritance: Funds received through inheritance can also qualify as EB-5 capital.

Because each funding option has unique compliance and documentation requirements, it’s important to work closely with an experienced EB-5 immigration attorney to ensure everything is properly structured.

Make Your Family’s Support Work for You

Family financial support can make a big difference in your EB-5 journey, but it must be handled carefully. USCIS needs to see that the funds were earned legally, transferred properly, and now belong to you before they are invested. In practice, many investors find this process easier with the help of experienced EB-5 professionals.

EB5AN has guided more than 2,700 families from over 70 countries through this process to become Green Card holders successfully.

Book a free call with our expert team today to better understand how your family’s support can help you build a secure path toward permanent residency in the U.S.

Most EB-5 investors share a common goal: securing U.S. residency for their families while ultimately recovering their investment capital. Generally, the timing of that repayment is not set in stone, especially with the rules under the EB-5 Reform and Integrity Act of 2022 (RIA).

You can think of the repayment timeline as a chain of agreements between three groups: the investor, the new commercial enterprise (NCE), and the job-creating entity (JCE). Each has specific roles and responsibilities, and repayment can only happen after certain requirements are met.

In this guide, we will explain how the EB-5 repayment process works, when you can expect to be repaid, and why timelines can differ from one project to another.

Understanding the Flow of EB-5 Funds

Let’s begin by exploring how EB-5 capital moves from investors to EB-5 projects and then back to the investors. This process involves the following key entities and steps that ensure the funds are properly managed throughout the investment cycle.

1. Your Initial Contribution

An EB-5 investor starts by wiring the investment amount ($800,000 for a project in a targeted employment area or $1,050,000 for a non-TEA project) to an escrow account created by the regional center’s investment fund. Regional centers are USCIS-designated entities authorized to sponsor EB-5 projects and oversee the associated capital.

Each escrow account is project-specific and typically held by a third-party bank or trust company. The purpose is to safeguard investor funds until the release conditions stated in the project agreements are fulfilled.

2. The New Commercial Enterprise (NCE)

The investment fund formed by the regional center is called the new commercial enterprise (NCE). These entities are usually structured as:

• Limited partnerships (LPs): Investors buy partnership interests and become limited partners.
• Limited liability companies (LLCs): Investors purchase equity interests and become members.

The regional center’s principals act as general partners or managing members, responsible for overseeing the NCE’s operations.

3. The Job-Creating Entity (JCE) and Deployment of Funds

Funds are released from escrow and deployed into the project once all terms in the offering documents and agreements between the NCE and the job-creating entity (JCE) have been met. The JCE is the entity that actually receives the investment capital and creates jobs through the project.

Depending on the structure, the NCE may loan funds to the JCE or make a direct equity investment. While we will still discuss the sustainment period in detail soon, keep in mind that the two-year minimum sustainment period begins when the funds are deployed to the JCE.

4. Repayment of EB-5 Funds

The repayment of EB-5 funds from the JCE back to the NCE depends on the specific loan or equity terms. In loan models, repayment typically occurs when the loan matures, though interest may be paid periodically. Conversely, in equity models, investors may receive distributions based on their ownership share.

Regardless of the structure, repayment depends on the project’s financial success. As such, you should always consider the strength and stability of the EB-5 project when evaluating repayment potential.

5. Exit Strategies for Investors

Exit strategies vary across EB-5 projects. Still, repayment generally comes from:

• The sale of the investor’s interest at fair market value
• Operational profits
• Refinancing
• Asset sales

If the project performs as planned, the JCE fulfills its repayment obligations to the NCE, and the NCE then holds the funds, ready to repay investors their principal and returns.

The Two-Year Minimum Sustainment Period

USCIS requires EB-5 investors to keep their capital invested for a minimum of two years, starting from when the full amount is made available to the JCE. This marks a shift from the previous policy, where sustainment was tied to two years of conditional permanent residency. The change allows for more predictable timelines, especially for projects structured with early repayment capacity.

Once a project can legally and financially return funds, repayment may occur after the two-year period, regardless of the investor’s immigration stage. In addition, at least 10 jobs must have been created using an investor’s EB-5 funds before repayment.

It’s also important to note that the two-year sustainment period is not the same as the repayment timeline. The sustainment rule only defines how long your capital must remain invested for immigration purposes, while the actual repayment depends on each project’s financial performance and agreements.

The IIUSA Lawsuit and Policy Update

A recent lawsuit filed by IIUSA, a trade association, sought to extend the sustainment requirement to five years, arguing that USCIS lacked authority to shorten it without rulemaking. EB5AN opposed this position, and on July 29, 2025, Judge Ana Reyes of the U.S. District Court for the District of Columbia upheld USCIS’s two-year policy. The court confirmed that the EB-5 Reform and Integrity Act of 2022 (RIA) legally supports the shorter timeline.

What Determines When Investors Are Repaid?

Even though the two-year sustainment period sets the minimum holding time, the actual timing of repayment depends on the following factors:

1. The EB-5 Project’s Financial Performance

If the project performs well, through consistent revenue, refinancing, or asset sales, it can repay the regional center’s investment fund (the NCE) when the loan matures. But if the project struggles financially or lacks sufficient collateral, repayment may be delayed for months or years—or not take place at all. Even when a project is economically viable, its financial structure may place EB-5 investors behind senior lenders. In such cases, repayment is only possible once senior obligations are satisfied.

2. The JCE–NCE Agreement

The first key agreement is between the job-creating entity (JCE) and the new commercial enterprise (NCE). This document defines how and when the project returns investor funds. In loan-based structures, it usually specifies:

• Maturity date: Specifies when the principal and any accrued interest must be repaid, and may include provisions for extensions under certain fees or rate adjustments.
• Representations and warranties: Statements by the borrower confirming legal and financial compliance.
• Affirmative covenants: Obligations such as job creation, financial disclosures, maintaining insurance, and meeting tax requirements.
• Negative covenants: Restrictions on actions like asset sales or taking on additional debt without consent.
• Default scenarios and remedies: Clearly outlines what constitutes a default and the measures that can be taken if the borrower fails to meet obligations.

Some JCE–NCE agreements also include a repayment guaranty from a financially strong third party. This can provide an added layer of security, but its value depends on the guarantor’s capital adequacy and credibility. If the guarantor lacks sufficient assets, the guaranty offers limited protection.

3. The NCE–Investor Agreement

After the JCE repays the NCE, the timing of repayment to individual investors is determined by the NCE–investor agreement. This document outlines how funds flow from the NCE back to the investors. It typically includes:

• Redemption timelines and repayment procedures.
• How and when funds are released from escrow into the NCE.
• Investor rights in the event of early or delayed repayment.

Depending on the project’s structure and performance, repayment from the NCE to investors can occur through equity sales, scheduled distributions, or redemption.

How the EB-5 Redemption Process Works

Redemption is the most common repayment method in EB-5 investments. It is a structured exchange in which the investor surrenders their ownership interest in the NCE and receives a fixed repayment in return. Here is a clear sequence of how the process works:

1. Sign the Redemption Agreement

The process begins with the investor and the NCE’s general partner signing a redemption agreement. This document specifies the repayment amount, repayment deadline, and confirms the investor’s resignation from the partnership or LLC. Once signed, the NCE becomes legally obligated to repay the investor as outlined in the terms.

2. Confirm the Effective Date

Once the agreement is signed, the “effective date” triggers obligations on both sides. The investor provides resignation documents confirming that no I-526E petition is pending. Similarly, the NCE verifies its authority to redeem and sets the official redemption date when the repayment will take place.

3. Execute the Redemption

On the redemption date, the transaction is completed. The investor’s ownership interest in the NCE is cancelled, their capital account is closed, and the repayment amount is wired in full. This marks the official end of the investor’s financial involvement in the enterprise.

4. Final Warranties and Releases

The redemption agreement also includes warranties and releases that protect both sides. The investor warrants that their interest is unencumbered and that they have the authority to resign, while the NCE warrants that the agreement is valid and enforceable.

This structured redemption process eliminates uncertainty and gives both the investor and the NCE clear expectations. Once repayment is complete, the investor exits cleanly, and the NCE fulfills its obligations without any remaining commitments.

Why Repayment Timing Varies Across EB-5 Projects

Repayment timelines differ because each EB-5 project is structured based on its unique business model, financing setup, and market environment. Some EB-5 projects are designed for shorter investment periods, while others take longer before repayment is possible. EB5AN understands that each investor has different goals and liquidity needs, so it structures projects with varied timelines to match those preferences.

For instance, the Bay Creek project has a target investment term of about four years, and the Twin Lakes, Georgia project has a five-year term. Both are rural projects that qualify for priority USCIS processing. On the other hand, the Terra Ceia urban loan project offers a much shorter three-year investment period. Each project’s structure is built around realistic repayment expectations that align with job creation and business performance goals.

Secure Timely EB-5 Repayment With EB5AN

EB-5 repayment is not a single event but a process that unfolds over several years. However, since delays in project completion and immigration processing can affect this timeline, choosing a trusted regional center can make all the difference. EB5AN exclusively sponsors projects that have clear exit strategies and realistic repayment schedules. Our expert team has helped more than 2,700 families from 70+ countries become lawful permanent residents of the United States.

Schedule a free consultation with EB5AN to learn how to position yourself for both immigration success and a smoother path to repayment.

For many, the EB-5 visa program sounds like the perfect solution to staying in the United States long-term with their families. But once people hear about the investment part, some worry that they’ll have to uproot their lives just to manage a business in the U.S., which is understandable.

However, the truth is that the EB-5 program does not necessarily require you to actively run a business in the United States. In fact, the program is built to allow for a more hands-off engagement, especially if you invest through a regional center.

In this article, we will help you understand the kind of involvement the program expects from you, as well as how regional centers make passive investment possible.

What Is Your Role in the EB-5 Program as an Investor?

While EB-5 investors must put in a minimum amount of $800,000 in a U.S. business, investing is not the only part of the process. U.S. immigration law says investors must be engaged in the management of the new commercial enterprise. That may sound like full control or day-to-day work, but it doesn’t have to mean that. In reality, you can meet this requirement in two ways:

1. Direct investment: This means you take part in daily operations, hire staff, oversee business activity, and make decisions.
2. Passive investment: Here, you play a limited role by taking on responsibilities typically associated with company leadership without handling daily operations.

Most EB-5 investors choose the second option through a regional center. Eventually, this setup allows them to meet the EB-5 requirements without taking on a time-consuming role. As long as the business plan is followed, at least 10 jobs are created, and the investment remains at risk until the right time, you have done your part.

Why Most Investors Prefer the Passive Role

Below is an overview of why passive investment works for most EB-5 investors:

1. Less Complexity

Running a business in the U.S. is not easy, as it requires in-depth knowledge of U.S. laws. Moreover, many EB-5 investors are entrepreneurs or professionals who already have successful businesses or careers in their home countries or in the U.S. As such, they don’t have much free time on their hands. By choosing a passive role, you avoid the time, money, and constant attention that managing a business requires.

2. No Need to Fully Understand U.S. Business Laws

The U.S. business system is different from that in many other countries. That is why starting and managing a business in the U.S. often requires a full understanding of things like employment laws, state and federal taxes, and industry standards. Many EB-5 investors don’t have this kind of background, and they don’t need to learn it to obtain a Green Card. By choosing a passive role, you are free from the need to become an expert in U.S. business law or market trends in a short time.

3. Minimal Restriction Relative to Your Location

You can invest in a project located anywhere in the U.S., even if you plan to live in a different city or state. For example, you may choose to invest in a real estate development project in Florida but decide to live in New York or California. This is helpful for investors who value personal freedom and mobility. Furthermore, you can select a strong project in a location that offers the best chance of job creation and timely returns without worrying about being near it.

4. More Time to Focus on Your Business Interests

As stated earlier, many EB-5 investors are already business owners or professionals, with companies to run, contracts to manage, or jobs that demand their time. As such, running a second business in the U.S. would stretch their focus and could even harm their original business. A passive role in EB-5 helps avoid that, as you can keep your business running in your home country or the U.S., while your Green Card plans move forward.

How Regional Centers Make Passive Investment Work

Regional centers are entities approved by USCIS to manage EB-5 projects, and they play a key role in making passive EB-5 investment possible. Here’s how regional centers support passive investors:

• Identification of strong projects: Regional centers identify strong projects, and they work with other professionals to ensure a project creates the required number of jobs. They check demand, prepare financial plans, and set up the legal structure, which reduces the investor’s research burden. You get to partner with a business that fits EB-5 rules and offers a reasonable chance of success.
• Better fund management: In regional center projects, investors’ funds often go into a larger pool with other investors, and the regional center manages the money. This setup ensures that funds are used correctly, while keeping the project on track.
• Communication and updates: Good regional centers provide regular reports to both the investor and USCIS, including project milestones, spendings, job creation, and timelines. Some even hold webinars or Q&A sessions, so you can ask questions and stay involved at the right level.

Find Low-Risk Regional Center Projects With EB5AN

Most investors choose the passive route because it fits their lifestyle, skills, and goals. They can meet all immigration rules, support U.S. job growth, and work toward their Green Card without taking on a complex business role. By investing through a regional center, you have more freedom to focus on your family and plan your future in the U.S. without stress.

However, it all starts with choosing the right project, and you need a strong team like EB5AN behind you to do so. With a history of working with well-structured, fully compliant regional center projects, EB5AN has supported 2,700+ families around the world to become lawful permanent residents in the U.S.

Book a free call today to explore EB5AN projects designed to protect your investment and support your long-term goals.

The EB-5 program allows foreign investors to place capital into the U.S. economy in return for permanent residency for themselves and their immediate family members. However, the process is not only about investing money. USCIS wants to see that your investment creates full-time jobs for U.S. workers and that your capital stays at risk for a required period of time.

As a result of these requirements, your chosen project directly affects your immigration outcome. As such, many investors worry about what happens if the project they invested in does not succeed. The answer is that it depends, because while some project failures do not endanger your Green Card, others may place it at risk.

In this article, we will guide you through the relationship between project success and getting your EB-5 Green Card.

An Overview of the EB-5 Investment Process

To qualify for the EB-5 program, an investor must meet specific requirements. The first one is to put in at least $800,000 if the project is in a targeted employment area (TEA). Projects in other locations require a minimum of $1,050,000.

Since the most important part of the EB-5 program is job creation, each investment must go into a new commercial enterprise in the United States that creates at least 10 full-time jobs for U.S. workers. This rule is central to the program and determines whether you qualify for a Green Card. Once the investment is made, you are to file your Form I-526E petition.

If USCIS approves it, you and your family can receive a conditional Green Card that lasts for two years. Before the two years end, you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This form proves that your investment created the required jobs.

If USCIS approves the petition, you become an unconditional permanent resident. Then, after holding a Green Card for five years in total, including the two years of conditional residency, you may apply for U.S. citizenship through naturalization.

Key Factors About a Project That Determine Your Immigration Success

Your EB-5 project is more than just an investment opportunity; it is the foundation of your immigration outcome. As such, you should look at these key factors that determine whether your investment will lead to immigration success:

Job Creation Plans

Job creation is the most important factor in the EB-5 program and requires your funds to be linked to the creation of at least 10 full-time jobs for U.S. workers. How these jobs are counted depends on the type of investment, as explained below:

• Direct investment: Here, only jobs directly created by the business count.
• Regional center investment: In addition to direct jobs, investors can count indirect jobs (jobs created in the supply chain) and induced jobs (jobs supported by workers’ spending).

When you file Form I-829 to remove conditions on your Green Card, USCIS reviews whether the project created the required jobs. If the project does not meet the job creation target, your petition may be denied.

Adherence to the Sustainment Period and “At Risk” Rule

According to the U.S. immigration laws, your investment must remain “at risk” for at least two years. This means your funds must be placed in the project and subject to possible gain or loss throughout those two years.

Even though investors may worry about the risk of losing money, USCIS focuses mainly on whether the investment stayed at risk and created the required jobs. As such, a project can fail to produce profits and still help you secure a Green Card if these requirements are met.

However, if the project repays your capital too early or removes the investment from risk, it may harm your immigration outcome. That is why many investors rely on regional centers that follow USCIS rules for redeploying funds and keeping them at risk until the process is complete.

Does Project Failure Affect My Visa Status?

Not necessarily, because the financial success of an EB-5 project is not what USCIS uses to decide if you qualify for a Green Card. The key measure is job creation. So, you could still gain permanent residency even if the project loses money, as long as it created enough jobs.

But if the project fails before jobs are created, for example, through bankruptcy or poor management, your Green Card process could be at risk. Without evidence of job creation, USCIS may deny your I-829 petition. Because of this, you should focus less on the potential profit of a project and more on whether it has a clear, credible plan to meet job creation requirements.

Conducting Due Diligence Before You Invest

While the EB-5 program does not require an investment to be financially successful, choosing a strong and reliable project greatly improves your chances of receiving a Green Card and getting repaid. This is why careful due diligence is essential before committing your funds.

As an investor, you need to confirm that the project can realistically meet both the job creation requirement and the sustainment period rule. So, when reviewing a project, consider the following factors:

• Industry and location: Is the project in a stable or growing industry? Will the project’s location support long-term success and generate the required jobs?
• The project’s financials: Does the project have a sound business plan or a record of financial stability? For example, a real estate development that has already sold homes may carry less risk than one still in the planning stage.
• The track record of the developer: Has the developer successfully completed similar projects in the past? If the developer has worked with EB-5 funding before, did those projects create enough jobs for investors?
• The credibility of the regional center: If the investment is through a regional center, is it well-established and reputable? Has it sponsored other EB-5 projects that met job creation targets?

Doing thorough research lowers the risks tied to the EB-5 process. By selecting a reliable project, you increase your chances of meeting program requirements and securing permanent residency in the United States.

Increase Your Chances of Immigration Success With EB5AN

Since immigration success depends on project performance, you cannot treat an EB-5 project as a regular investment. You must think first about its job creation plans and compliance with USCIS rules. This is why carefully choosing your investment is the most important step you can take.

EB5AN provides guidance to investors throughout this process. If you would like to know more about how to select a strong EB-5 project, book a free call with our expert team today.

Some countries’ immigration programs require investors to pass a language test to show they can integrate into society. As a result, many people assume the EB-5 program might also require English proficiency. But the truth is that you do not need to pass an English test or prove language skills to qualify for the EB-5 program.

Nonetheless, language still plays a practical role in the sense that you will need to review contracts, understand legal filings, and communicate with your chosen project or regional center teams. If you cannot read or understand English documents, you will need strategies to navigate the process smoothly.

In this article, we will explore the role of language in the EB-5 program, the practical challenges non-English-speaking investors may face, and the solutions that can help bridge language gaps.

Is Speaking English a Requirement for an EB-5 Visa?

Not necessarily. But English is the most widely spoken language in the United States. It is the administrative language at the federal and state levels, the primary language of school instruction, and the official language of 32 out of 50 states. But at the federal level, the U.S. has no official language, which is why the EB-5 program does not require investors to prove English skills or submit any language test results.

The only time language may become a requirement is if you later decide to apply for U.S. citizenship through naturalization. At that stage, usually after living in the U.S. for five years, you will need to show basic English ability. Luckily, by then, most investors have already gained enough experience with the language to meet this requirement.

Where English Comes Into Play During the EB-5 Process

While English proficiency is not required to qualify for the EB-5 visa, it plays a critical role at many stages. As such, basic knowledge of English, or at least a reliable translation support, is necessary to protect your interests and make the process smoother. Here is a closer look at how language comes into play:

• Immigration forms and filings: All EB-5 petitions and forms, such as Forms I-526E, I-485, I-829, I-765, I-131, and DS-260, must be completed in English.
• Legal and financial documents: Most offering documents and financial disclosures provided by regional centers are written in English. Therefore, investors or their trusted advisors must be able to understand these documents to conduct proper due diligence when choosing a regional center and project.
• Direct EB-5 investments: Basic English is especially important for direct EB-5 investors who actively run a business in the U.S. This is because EB-5 businesses require detailed record keeping to prove compliance, which involves reviewing and maintaining documents in English.
• Interviews: Consular and Green Card interviews are usually in English, but interpreters are often available at U.S. consulates and during Green Card interviews within the U.S. if needed.

How to Navigate the EB-5 Program as a Non-English-Speaking Investor

Non-English-speaking investors can successfully complete the EB-5 process by creating their own methods to overcome communication barriers. Below are some effective approaches:

1. Rely on a Trusted Family Member or Friend

If you do not speak English but have a family member or close friend who does, they can assist. They can review EB-5 offering documents and explain the contents to help you make an informed decision. Although this approach adds a personal level of trust, it also has limits.

You become dependent on another person’s interpretation, which can lead to mistakes if the friend or relative overlooks important details. Moreover, even if they are fluent in English, they may lack the professional knowledge needed to fully understand complex financial and legal documents. For these reasons, it is advisable to combine the support of a trusted person with help from experienced EB-5 professionals.

2. Use Professional Translation Services

Non-English-speaking investors can hire a certified translator to convert EB-5 documents into their native language. This allows you to carefully review the information and select the EB-5 project that aligns best with your goals. The main challenge here, however, lies in finding a reliable translator who is familiar with EB-5 documentation.

This is because even a small mistake in translation can affect your understanding and decision-making. Additionally, keep in mind that when submitting petitions to USCIS, you must provide certified English translations of any supporting documents originally written in another language.

3. Select a Regional Center With Multilingual Support

Choosing a regional center that offers multilingual support can make the EB-5 process easier. Such centers often provide translated project documents and explain complex financial or legal concepts in ways that are culturally familiar to investors. For example, reputable regional centers, such as EB5AN, structure their services to meet the needs of non-English-speaking investors.

We offer documents, financial records, and other key materials in multiple languages, allowing investors to review them directly rather than relying only on third-party translations. This approach helps investors assess risks more accurately and make informed decisions. Furthermore, EB5AN’s diverse team is able to assist clients around the world in several languages.

Language Barrier Is Not an Issue With EB5AN

The EB-5 program does not require English proficiency. What matters most is your investment, the lawful source of your funds, and the project’s ability to create jobs. Still, language plays an important role in practice as you will need to understand legal documents, track project updates, and communicate clearly with professionals.

EB5AN offers clear guidance and assistance in multiple languages to help investors overcome these challenges. Over our 10+ years of experience, we have helped more than 2,700 families from 70+ countries relocate to the U.S. as lawful permanent residents without worrying about language barriers.

Schedule a free one-on-one consultation to discuss how to achieve your immigration goals without letting language barriers stand in the way.

The EB-5 Immigrant Investor Program has long offered a clear pathway for foreign nationals to earn permanent residency in the United States. Investors make a qualifying investment in a U.S. business, help create jobs for American workers, and in return can qualify for Green Cards.

On September 19, 2025, President Donald Trump signed an executive action to create a new “Gold Card” pathway. Details and timing are still uncertain and subject to legal challenges. Although the administration previously suggested Gold Card could be an alternative to EB-5, the EB-5 program remains fully in effect under current law.

In this article, we will explain where things stand with the EB-5 visa in light of the latest developments in the U.S. immigration landscape.

Historical Context

In late February, during a White House press conference, President Trump and Commerce Secretary Howard Lutnick floated a “Gold Card” concept that they said could replace EB-5. Lutnick sharply criticized the EB-5 program at the time, calling it flawed and undervalued.

After months of discussion and debate, President Trump went on to sign an executive order to establish the Gold Card program, with details pending.

Is EB-5 Still Active?

Yes. The EB-5 Immigrant Investor Program, created by Congress in 1990 to boost U.S. economic growth, is still available. It offers foreign nationals and their eligible family members (spouse and unmarried children) a direct path to U.S. Green Cards in exchange for an investment that creates at least 10 full-time jobs for U.S. workers.

Congress has repeatedly reauthorized the EB-5 Regional Center program, most recently in 2022, extending it until September 30, 2027. Given the legal protections and strong vested interests supporting EB-5, it is unlikely to be canceled anytime soon.

Why EB-5 Investors Should Not Be Worried

EB-5 investors do not need to worry because the program remains intact and no rules have changed as a result of Donald Trump’s statements or executive orders. Here are additional reasons investors should not be concerned.

1. Plans to Cancel the Program Would Have to Go Through Congress

According to Article I of the Constitution, changing or canceling immigration laws, including those of the EB-5 program, would require new legislation from Congress. In other words, the president does not have the power to end EB-5 by executive order. Moreover, amending immigration programs like EB-5 would require formal changes to existing laws such as the Immigration and Nationality Act.

Even if there were an effort to cancel EB-5, it would require months of lobbying before a bill could gain enough traction to pass through the House and Senate. Right now, there is no sign of any serious attempt in Congress to shut down the program. In fact, EB-5 has bipartisan support as large numbers of Democrats and Republicans recognize its value to the U.S. economy.

2. There Is Significant Support for the EB-5 Program

The EB-5 program remains popular with investors, developers, and many others throughout the United States since its inception in 1990. This program has consistently attracted high-net-worth individuals who have invested tens of billions of dollars into the U.S. economy. Additionally, it has created jobs for American workers, especially those in underserved areas.

The program also strengthens the U.S. economy and boosts tax revenue, indirectly helping address the national deficit. Currently, billions of dollars are invested in EB-5 projects. Many stakeholders, which include investors, developers, lawyers, and regional centers, are also major political donors. Their influence makes it unlikely that the program would be shut down without strong opposition.

3. Active Investors Are Protected

Even if the program were to be phased out or replaced, current and near-term prospective investors would still be protected. This is because the EB-5 Reform and Integrity Act (RIA) of 2022 contains a grandfathering provision.

As such, existing investors and those who invest through 2026 remain fully protected. Also, a petition filed before September 30, 2026, will be processed under the program’s current rules and is protected from future changes to the program or related legislation.

4. The EB-5 Program Remains One-Of-Its-Kind

The EB-5 program is still the only U.S. immigration category explicitly tied to job-creating investment. The Gold Card now exists by executive order, but its application start date, mechanics, screening, and procedures are still unclear.

5. Fraud Rates in the EB-5 Program Are Low

Some critics of EB-5 claim that it has problems with fraud or misuse. But data from the Government Accountability Office shows that less than 1% of EB-5 applications were fraudulent or raised national security concerns in the 2021 fiscal year. Also, between 2016 and 2021, the State Department issued only 76 EB-5 application denials related to fraud or national security, while approving over 37,000 EB-5 visas.

USCIS has recently taken steps like compliance reviews, enhanced investor screening, and additional training to further reduce the risk of fraud and misuse. So, the EB-5 program is now safer than ever for investors.

What Does This Mean for You as an EB-5 Investor?

If you are considering the EB-5 program or are already in the process, here are steps you can take to protect your investment:

• Don’t panic: Stay calm and keep working your way through the investment process if you’re already preparing to file. If you’re from a high-demand country like China or India, keep an eye on the Visa Bulletin for important information like any potential retrogression.
• Choose a trusted regional center: Work with a regional center that has a strong compliance record. Also, focus on investing in a low-risk project and don’t skip thorough due diligence.
• Speak with an immigration attorney: An experienced EB-5 lawyer can help you navigate any potential changes in policy and keep your case on track. You can also get legal clarity on EB-5 grandfathering protections and other immigration matters from them.
• File early and accurately: Submit your Form I-526E as soon as possible if you are ready. You should also familiarize yourself with how the EB-5 process works to avoid errors that will delay your application processing.

EB5AN Can Help You Through Your Immigration Process

The EB-5 program remains fully active and open to new investors. Furthermore, as explained earlier, no administration can unilaterally end the EB-5 program with little notice. At EB5AN, we understand that the U.S. immigration journey can feel overwhelming, especially when public debate raises new questions.

In our 10+ years of experience, we have guided more than 2,700 families to become Green Card holders by helping them with accurate information, reliable projects, and expert guidance. Our team closely follows legislative and policy developments so that our clients always have the most accurate and timely information.

Book a free call with us today to get clear answers to any questions you have about the EB-5 program.

Software engineers, developers, and IT specialists see the U.S. as a place where innovation happens at scale, where careers can grow quickly, and where families can build long-term futures. But while demand for tech talent in the U.S. is strong, immigration pathways for these professionals remain limited.

Many rely on the H-1B visa, which allows employers to sponsor workers with specialized skills. However, the limitations it brings leave many tech professionals searching for a more stable and predictable option. That is where the EB-5 Immigrant Investor Program becomes valuable, as it allows investors and their families to build independent futures in the U.S.

In this article, we will explore how the EB-5 program can benefit software engineers and developers as a direct and secure pathway to a Green Card.

What Are the Shortcomings of H-1B Visas for Software Engineers and Developers?

The H-1B visa has long been a pathway for skilled foreign workers in the tech industry. It allows software engineers and developers to work in the U.S. under the sponsorship of an employer. While it has helped many professionals enter the U.S. job market, the visa also comes with the following limitations.

1. Overdependence on Employer

If an H-1B worker loses their job, they must secure a new sponsoring employer within 60 days. In today’s competitive tech job market, where layoffs are increasingly common, this timeframe can be extremely stressful. If no new sponsor is found within the deadline, the worker may be forced to leave the U.S., which creates an uncertain and unstable situation.

2. Visa Cap and Lottery System

The annual cap on H-1B visas adds another obstacle. Despite the strong demand for skilled tech talent, only a limited number of visas are issued each year, and applications are selected through a lottery. This means that many qualified professionals may never even get the chance to work in the U.S.

Policy changes and political debates around the H-1B program add to the unpredictability, making it difficult for workers to plan their careers and futures with confidence.

Most recently, the Trump administration introduced a $100,000 fee for new H-1B petitions, creating yet another barrier for tech professionals hoping to work in the U.S.

3. Restricted Career Flexibility

Workers are tied to the specific employer who sponsors their visa, which limits their ability to change jobs, negotiate better terms, or pursue entrepreneurial opportunities. This dependence often affects income potential, location choices, and long-term career goals. In many ways, H-1B holders remain bound by the conditions set by their sponsoring employer, which can stifle professional growth.

In light of these challenges, the EB-5 visa stands out as a stronger and more stable alternative.

What Makes the EB-5 Program a Secure Pathway to a Green Card?

The EB-5 program allows foreign nationals to gain a Green Card by investing in a U.S. business. Unlike employment-based visas tied to a profession or industry, EB-5 has no restrictions on background. To qualify, you must put at least $1,050,000 (or $800,000 in a targeted employment area) into a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

Once these requirements are met, you, your spouse, and unmarried children under 21 can apply for Green Cards. For software engineers and developers, the program offers these unique advantages.

• Independence and flexibility: The EB-5 visa frees tech professionals from sponsoring companies. They can switch jobs, start their own business, or even choose not to work without risking their status.
• Direct path to a Green Card: The EB-5 program provides a clear route to permanent residency and eventual U.S. citizenship. Unlike H-1B holders, who deal with renewals and uncertain timelines, EB-5 investors can apply for a Green Card once their investment and job creation requirements are met.
• Faster and more predictable processing: While employer-sponsored visas can take years to result in a Green Card, EB-5 investors can secure approval in as little as 12 months. One EB5AN client even received I-526E approval in 6.5 months, showing how efficient the process can be.
• Family benefits: EB-5 investors’ spouses and unmarried children under 21 receive derivative Green Cards, allowing the family to move together. Furthermore, they gain access to benefits such as U.S. healthcare and lower education costs.

EB-5 Visa Makes Starting an Independent Business Possible

For many software engineers and developers, one of the biggest advantages of the EB-5 program is the ability to start an independent business. Unlike employment-based visas that restrict workers to specific employers, the EB-5 visa allows investors to create and manage their own companies. This freedom is especially valuable in the tech sector, where innovation and entrepreneurship drive growth.

With permanent residency secured through the EB-5 program, professionals can confidently build startups. They can also establish software development firms or explore other technology ventures without the concern of losing their visa status. In addition, holding an EB-5 Green Card opens doors to financing opportunities that may not be available to temporary visa holders.

Gain Career Freedom With EB5AN

For software engineers and developers, the H-1B system creates limits that make long-term planning difficult, especially for professionals from countries with large visa backlogs. And with the $100,000 cost imposed on new H-1B applications, this path has become even less practical, further highlighting why EB-5 offers a stronger alternative.

If you need help with your EB-5 application, EB5AN can guide you through the process. Over our decade-plus experience, we have helped more than 2,700 families from over 70 countries meet all EB-5 requirements and become permanent residents.

If you are a software engineer or developer who wants both career freedom and permanent residency, book a free call with us today.