For many, the EB-5 visa program is an opportunity to secure a future for themselves and their families. But the process comes with strict rules, and one mistake can stop the entire application. A possible error that investors can fall into is accepting financial help from the regional center itself.

In some cases, regional centers offer loans to EB-5 investors to help them meet the required investment amount. This might seem helpful at first. But in reality, it can lead to serious problems as it can violate key EB-5 rules, including the at-risk and source of funds requirements.

In this article, we will explain why accepting loans from a regional center can lead to the loss of your investment and Green Card.

The At-Risk and Source-of-Funds Requirements Explained

The EB-5 program has two important financial rules: the investment must be at risk, and the source of funds must be legal and properly documented. These rules help USCIS confirm that no one is misusing the system. Failure to stick with these instructions can lead to you receiving a request for evidence (RFE) or a denial of your I-526E petition.

Let’s look at both of these requirements in more detail.

The At-Risk Requirement

USCIS will not approve your EB-5 petition unless you place the required amount of capital at risk in a commercial enterprise. Here is what at-risk means in the EB-5 context:

• You must transfer either $800,000 or $1,050,000 into a new commercial enterprise (NCE), the business entity that receives EB-5 funds. In most cases, the money is first placed in an escrow account.
• Upon release from escrow, your funds are sent from the NCE to the EB-5 project or job-creating entity (JCE).
• The capital must be subject to both the possibility of gain and the risk of loss. That is, the investor cannot receive a guaranteed return or a promise of repayment.
• The capital must remain invested in the project for at least two years.

What Proving EB-5 Source of Funds Entails

USCIS requires every EB-5 investor to prove the legal source of their investment funds, with a clear, traceable path from origin to the NCE. This rule helps ensure that the money comes from legal and personal sources, not from illegal activities or financial tricks. To meet the source-of-funds requirement, you must show:

• How you earned or obtained the money.
• That the money is lawfully yours.
• That you transferred the money legally into the U.S. or into the regional center’s account.

This documentation often includes tax returns, pay stubs, bank statements, sale agreements, business records, or loan documents. Moreover, each type of source, whether it’s a salary, a gift, or a loan, has its own required documentation.

Does the EB-5 Program Allow Gifted or Loaned Funds?

The Immigration and Nationality Act allows for the use of gifted or loaned funds as long as the following conditions are met:

• The funds must be traceable to a lawful source and ultimately belong to the EB-5 investor.
• They must be wholly owned by the investor and given to him or her in good faith.
• They must not proceed from illegal activity.

It is important to note that loans from unlicensed institutions and loans gotten below-market rates would draw close scrutiny from USCIS officials, which can result in an RFE.

Why You Should Steer Clear of EB-5 Loans From Regional Centers

A lot of compliance issues arise when you accept loans from regional centers or NCEs. The same applies to funds gotten from an entity affiliated with or controlled by the NCE. Let’s take a look at these concerns below:

• When you borrow your investment from the regional center itself, the capital is not truly at risk. Instead, it becomes a “circular transaction” where the same organization funds and receives the investment.
• If the capital originated from the NCE, new EB-5 job creation claims will not be valid with the investment. This is because the funds were already owned by the NCE and probably derived from earlier EB-5 investors.
• The funds would never be “at risk” because it was never truly owned by the EB-5 investor to begin with. In other words, the investor has not actually faced a real financial risk.
• The NCE using existing EB-5 funds as loans for new investors could be considered a type of Ponzi scheme. The U.S. Securities and Exchange Commission (SEC) defines a Ponzi scheme as “an investment fraud that pays existing investors with funds collected from new investors […] the fraudsters do not invest the money. Instead, they use it to pay those who invested earlier and may keep some for themselves.”
• If you borrow the money from a regional center, you will find it difficult to prove the legal origin of those funds. Additionally, you will not be able to show that you earned the money or that it came from an independent source, which can lead to a swift USCIS denial.

Partner With EB5AN to Secure Your Green Card

The EB-5 process requires careful planning, clear documentation, and full legal compliance. USCIS checks each I-526E petition to make sure the investment is lawful, properly sourced, and placed at risk. So, if you are planning to invest through the EB-5 program, be careful to use your own funds or borrow from a clear and lawful source, instead of a regional center.

One way to ensure you are compliant is to work with professionals who have your best interests at heart. At EB5AN, we help investors avoid risky shortcuts to give their petitions the best chance of success. So far, we have helped 2,700+ families across more than 70 countries receive their Green Cards.

To protect your money and your future by ensuring a compliant EB-5 investment, schedule a free consultation with EB5AN today.

When people think about investment visas, they often picture wealthy individuals placing large sums of money into foreign countries in exchange for residency or citizenship. For example, traditional investment visa programs, such as Europe’s golden visas or Canada’s investor program, often emphasize the transfer of capital or the purchase of property. However, this is not the case with the United States’ EB-5 program.

The EB-5 program was created not just to attract capital, but also to stimulate the U.S. economy through real, measurable job growth. So, if you are deciding between EB-5 and other investment visa options, the focus on job creation is an important factor to consider.

In this article, we will explain why job creation matters so much, how EB-5 compares to other programs, and what it means for investors.

Why Job Creation Is Foundational in EB-5

Congress created the EB-5 program in 1990 to grow the U.S. economy through foreign investment and new jobs for American workers. Therefore, to qualify for an EB-5 visa, you must invest at least $1,050,000 in a new commercial enterprise, or $800,000 if the project is in a targeted employment area (TEA). That investment must lead to at least 10 full-time jobs for U.S. workers within two years after the funds are deployed.

In other words, the program ties Green Card approval directly to job creation. This ensures that EB-5 investments deliver real economic value, not just fresh capital. Ultimately, the jobs produced through EB-5 projects help reduce unemployment and support broader economic growth across the country.

This design sets EB-5 apart from most other investor visa programs worldwide. Many of those programs only require capital investment and do not demand proof of job creation. While they may still help local economies, they lack the clear link to employment growth that EB-5 requires.

Comparing EB-5 With Other Visas

Not all investor visas are created equal. While many programs around the world focus primarily on attracting foreign capital, the EB-5 program goes a step further by tying immigration benefits to job creation. This difference has a major impact, not only on the investors and their families but also on the host country’s workers and economy.

To see how EB-5 stands apart, it helps to compare it with other popular investor visa options, such as the E-2 visa in the U.S. and programs in Europe and Canada.

EB-5 vs. the E-2 Visa

The EB-5 and E-2 visas both allow foreign investors to come to the United States, but they differ in the following important ways:

EB-5 vs. Europe’s Golden Visas and Canada’s Investor Programs

Countries in Europe, such as Portugal, Spain, and Greece, offer “golden visa” programs. These visas attract foreign capital through real estate purchases, business investments, or other economic contributions. Additionally, they grant residence permits to investors who meet the required financial thresholds.

However, they do not make job creation a condition for eligibility. Indeed, these programs succeed in bringing in wealthy investors and boosting local economies with new capital. But, they do not create the same level of direct employment for local workers as the EB-5 program.

Canada takes a similar approach with its investor programs. These programs provide permanent residency to applicants who invest large sums in passive funds or business ventures. Like Europe’s golden visas, Canada’s programs emphasize capital inflow rather than job creation.

Both Europe and Canada’s investor visas stimulate economic activity, but they do not provide the direct employment benefits that EB-5 requires. As such, the EB-5 program stands out because it links immigration benefits to the creation of sustainable jobs. Eventually, this arrangement ties foreign investment to the long-term economic health of the United States.

The Importance of Job Creation to the U.S. Economy

One of the defining features of the EB-5 program is its direct link between immigration benefits and job creation. This requirement ensures that foreign investment supports both U.S. workers and the broader economy. As a result, EB-5 projects, such as hotels, housing developments, and other large-scale ventures, hire employees directly while also creating demand for suppliers, contractors, and service providers.

For example, a new development employing construction workers also increases business for landscapers, furniture retailers, and local utility companies. This multiplier effect ultimately strengthens entire communities. Additionally, the program directs capital into areas that need it most.

For instance, through the targeted employment area (TEA) designation, investors are encouraged to place funds in rural or high-unemployment regions. These projects not only qualify for a lower investment threshold but, in the case of rural TEAs, also benefit from faster processing. By steering investment into struggling regions, the program helps revive local economies and supports balanced growth.

Another feature that makes the EB-5 program effective includes the potential for a 100% repayment of investor funds. Unlike many global investor visa programs, where funds are treated as a sunk cost, EB-5 often allows investors to recover their capital after the required period if the project performs successfully.

For investors seeking permanent residency, meaningful economic impact, and the possibility of recouping their investment, the EB-5 program offers a compelling option. In this case, partnering with experienced professionals can help identify strong projects and improve the chances of a successful outcome.

Find Projects With Solid Job Creation Plans

If you are considering EB-5, job creation should be at the center of your decision. Unlike traditional investment visas, EB-5 ensures that your funds help grow businesses, employ workers, and strengthen communities. This is why choosing the right project is key, and this is where working with experienced professionals can make all the difference.

At EB5AN, our team provides guidance on selecting projects that not only meet the program’s legal standards but also carry strong potential for success. By partnering with us, more than 2,700 families have chosen projects that helped them secure Green Cards.

Book a free call with our expert team today about EB-5 projects with strong job creation potential, and take the first step toward your Green Card.

For investors, the EB-5 process often begins with the I-526E petition, and it is critical because it establishes your eligibility and starts the journey toward a Green Card. But recently, investors who filed I-526E petitions for urban projects have experienced their applications being stuck. As such, they are looking for ways to move their application forward.

In this situation, one option urban EB-5 investors sometimes consider is filing a mandamus lawsuit. This litigation is not about jumping ahead of other applicants. Instead, it is a legal tool designed to hold USCIS accountable and require the agency to make a decision when unreasonable delays occur.

In this article, we will explain why urban I-526E petitions face delays, what the timeline looks like for these cases, and how mandamus litigation might help.

The Widening Gap Between Rural and Urban I-526E Processing

Data from February 1, 2023, to January 31, 2025, shows how USCIS has been processing I-526E petitions under the Reform and Integrity Act (RIA). Within these 24 months, USCIS approved about 967 rural petitions out of 4,095 filed, which is around 24%. For urban filings, only 74 out of 4,521 were approved, amounting to about 1.6%. This means rural petitions were processed more than 13 times as often as urban ones, showing how much priority USCIS gives to rural cases.

The pattern existed even before February 2023. From April 1, 2022, to January 31, 2025, USCIS approved 1,126 rural petitions but only 361 urban ones, even though there were about 20% more urban filings. Interestingly, after USCIS and the EB-5 market adjusted to the RIA’s set-aside rules, the gap grew even wider.

Since February 2023, rural petition approvals have risen month by month, while urban approvals have slowed almost to a stop. This situation has left urban investors in a stalled queue, while rural petitions move forward at a much faster pace. For new EB-5 investors, the lesson is clear: rural EB-5 investment petitions now have a strong chance of being approved within a year, while urban petitions are likely to face long delays with no clear timeline.

Comparing Rural and Urban I-526E Processing Timeline

Rural I-526E petitions now follow a clear timeline. Most are decided in less than 12 months, and many approvals come within eight to ten months. One EB5AN investor even received approval in only 6.5 months. This range is shown both in USCIS data through January 2025 and in EB5AN’s own approval records.

For urban petitions, no such pattern exists. Since February 1, 2023, the urban queue has stayed frozen. Out of 4,521 urban filings, only 74 have been decided. With numbers this low, there is no way to predict how long an urban investor might wait.

Unless USCIS shifts resources, adds staff, or issues new policy guidance, urban petitioners face long delays. Their wait could extend far past the one year or less now common for rural investors. Interestingly, these delays are not the result of higher urban demand. In fact, urban filings have gone down as more investors choose rural projects. Instead, USCIS has simply moved resources away from urban cases.

In short, without major changes or legal action such as mandamus litigation, urban investors should expect their petitions to remain stuck for an indefinite period of time.

How Processing Delays Affect Different Investors

The impact of the stalled urban queue depends on whether you already live in the United States. If you are already in the U.S., you can file for adjustment of status, employment authorization (EAD), and advance parole (AP) at the same time as your I-526E. With these approvals, you can live and work in the U.S. and travel abroad while waiting for your petition. In this case, the delay mainly affects when you will receive your Green Card. Since your EAD and AP give you legal status and freedom to work or travel, the slow pace of I-526E adjudications has less effect on your day-to-day life.

If you live outside the U.S., the situation is different. Without an approved I-526E, you cannot start consular processing or secure your Green Card. This means you cannot move to the U.S. to live and work. As the urban queue grows longer, the wait for a visa appointment also grows. For investors planning to relocate quickly to begin work, business, or family life, this slow process can create major setbacks.

Even though formal visa retrogression has not been announced yet for the urban category, the delay is still significant. Whether this delay is acceptable depends on your goals and situation. Investors already in the U.S. on another visa, like H-1B or F-1, may be able to tolerate the long wait since adjustment of status offers work and travel options. But for investors who want their Green Cards as soon as possible, the stalled queue can be a major barrier. In those cases, strategies like mandamus litigation may become necessary.

Can a Mandamus Lawsuit Help Speed Up the Process?

Not necessarily. A writ of mandamus is a federal lawsuit that asks a court to order USCIS to act on a petition that has been unreasonably delayed. So, when an investor faces harm because of inaction, a court can require USCIS to make a decision. For many urban I-526E investors stuck in long queues, mandamus litigation can feel like the only way forward.

The process usually starts with an attorney sending USCIS a notice of intent to sue. This “pre-suit” letter often prompts USCIS to act, especially if the petition has waited far beyond the agency’s published processing times. If no action follows, the attorney files the lawsuit in a U.S. district court.

In reality, most cases do not go to trial. Instead, USCIS often settles by adjudicating the petition before a judge rules.

It is important to note that mandamus does not guarantee approval; it only forces USCIS to act. The outcome may be an approval, a denial, or the issuance of a request for evidence (RFE) or a notice of intent to deny (NOID). Even so, the investor gains clarity and a clear path forward.

On the positive side, a mandamus may speed up cases for investors abroad who need timely entry into the United States. It can also trigger an RFE that narrows the issues in question. However, on the negative side, a mandamus carries legal costs and the risk of a faster denial if the petition has weaknesses.

For families with children nearing 21, it may also start the age-out clock earlier than expected. Similarly, investors from backlogged countries may see little benefit if visas are not available even after approval. Because of these trade-offs, each investor must carefully weigh whether mandamus litigation fits their immigration goals and risk tolerance.

Is Mandamus Action the Best for You?

If your urban I-526E petition feels stuck, you are not alone because many investors face the same challenge under the new rural priority rules. In this environment, mandamus litigation may serve as a valuable tool to move your case forward. However, it is not the right option for every investor, which is why you should first consult with EB-5 professionals before filing your mandamus litigation.

At EB5AN, we work with each investor to provide guidance and help them make informed decisions at every step of their EB-5 immigration journey. Our experienced EB-5 professionals have helped over 2,700 families secure their Green Card and their investment, and we can do the same for you.

Book a free call with us today to protect both your investment and your family’s future.

Immigrating to the United States to eventually become a citizen is a major step for many foreign nationals, and the EB-5 visa program offers a path for that to happen. The program allows people from other countries to invest at least $800,000 in U.S. businesses. In return, they can apply for a U.S. Green Card.

However, many new investors don’t fully understand that the first Green Card they get under the EB-5 program is not a permanent one nut a conditional one.

In this article, we will explain exactly what a conditional Green Card is and how it works to ensure you stay on the right path toward your U.S. permanent residency.

What Is a Conditional Green Card?

A conditional Green Card is a temporary version of a permanent resident card, and the U.S. government gives it to someone who is applying for a Green Card through programs like the EB-5 Immigrant Investor Program. This card is valid for two years, and it gives the holder the same rights as someone with a regular Green Card.

For example, with it, you can live and work in the U.S., travel in and out of the country, and apply for certain benefits. However, the card expires in two years unless you meet the requirements of the EB-5 program and apply to remove the conditions. You will have to submit Form I-829 in this regard, and if approved, you will get a full Green Card that is valid for 10 years and renewable.

Does a Conditional Green Card Count as Lawful Permanent Residency?

Yes, a conditional Green Card grants you lawful permanent resident (LPR) status. In fact, if someone asks whether you are a lawful permanent resident while you hold a conditional Eb-5 Green Card, you can answer “yes.”

However, the difference is that a conditional Green Card lasts only two years and cannot be renewed. On the other hand, the permanent Green Cards are valid for 10 years and can be renewed.

Traveling abroad is allowed for conditional LPRs. But staying outside the U.S. for more than six months is risky because the USCIS may assume that you’ve abandoned your U.S. residency. Additionally, once you’ve held permanent resident status for five years, including time with a conditional Green Card, you may apply for U.S. citizenship through naturalization.

What Do EB-5 Investors Need to Remove the Conditions?

To remove the conditions on their Green Card, EB-5 investors must show that they have met all the program rules, which focus on two main areas:

Job Creation

Your investment must go into a new commercial enterprise (NCE) that creates or is in the process of creating at least 10 full-time jobs for U.S. workers. It is expected that you would have provided details on how the NCE would create jobs with supporting documents when you filed your I-526E form.

When you later file your I-829 petition, USCIS checks whether the business actually fulfilled the requirement. It is best to work with a reliable regional center throughout your EB-5 process because they can easily handle the job tracking and reporting process for you.

Investment Sustainment

You must show that you kept your investment at risk for at least two years. “At risk” means that the money remained in the project and was used in a way that involved both a chance of loss and a chance of gain. Additionally, you cannot ask for your money back or take profits before the two-year period ends. If you do, USCIS may deny your I-829 petition.

Steps to Remove EB-5 Green Card Conditions

Removing the conditions on a Green Card takes careful planning and timely action because you must apply to remove the conditions during the final 90 days before your two-year conditional Green Card expires. Here’s how the process works:

• File Form I-829: This form is your official request to remove the conditions on your Green Card. You are to include all required supporting documents that show you met the EB-5 requirements, such as job creation and investment sustainment.
• Receive your receipt notice: After USCIS receives your I-829, they will send you a receipt notice, which automatically extends your conditional resident status. You should keep the receipt and carry it along with your Green Card to prove your legal status while USCIS processes your case.
• USCIS reviews your case: USCIS will carefully review your I-829 form and supporting documents and compare them with your original I-526E petition. If you followed all program rules, your petition will be approved.
• Get your 10-year Green Card: When your I-829 is approved, your conditional status is removed, and you receive a permanent Green Card valid for 10 years. At this point, you now have full lawful permanent resident status.

It is important to note that if you fail to file Form I-829 during the 90-day window, your conditional status will end automatically on the two-year anniversary. Then, you may start building up unlawful presence in the U.S., unless you can prove that serious circumstances caused the delay.

Protect Your Future in the U.S. With EB5AN

As an EB-5 investor, receiving your conditional Green Card is the first step on your journey to permanent residency. Once you get the conditional Green Card, you need to file I-829 before the deadline to protect your investment and your future in the U.S. Working with experienced professionals is a proven way to ensure you are always on track.

With over 10 years of experience and more than 2,700 families from 70+ countries assisted to become permanent U.S. residents, EB5AN can help you navigate the EB-5 process. We know what the program entails, and we can help you stay compliant all the way.

To begin your EB-5 Green Card process, book a free one-on-one call with our experts today.

The EB-5 Immigrant Investor Program gives foreign investors the chance to gain U.S. permanent residency by placing at least $800,000 into a U.S. business. However, to receive a Green Card, you must prove that your investment funds are legal.

This is because the U.S. government wants to make sure that the money used for the program does not come from illegal activities. To do this, each investor must clearly show and document the source and path of their funds. Failure to do so can lead to the USCIS denying your application, even if the business is strong and you meet the job creation goals.

In this article, we will explain what the EB-5 source and path of funds mean, so you know how to prepare for this important part of the EB-5 process.

Legal Source of Funds For the EB-5 Program

During the EB-5 visa process, USCIS wants to be sure that your investment comes from a source that is lawful and not connected to criminal activities. As such, you have to prove how you earned or received the funds. Here are the most common legal means accepted as a source of EB-5 funds:

1. Employment Income

If your funds come from your salary, wages, or bonuses earned from working a job, you will need to provide the following:

• Employment history and income.
• Name of your employer.
• Records of salary payments.
• Tax returns for the last several years to confirm your reported income.
• Bank records showing salary deposits.

2. Profits Earned From Your Business

Some investors use profits from businesses they own. In this case, you must prove that the business exists, earns legal income, and how you took profits out of the business for investment purposes. Necessary documents here may include:

• Transfer of funds from the business to your personal accounts.
• Capital source summary showing sale proceeds and how you acquired stock.
• Shareholder agreements or ownership certificates.
• Company tax returns.

3. Inheritance or Gifts

Some investors receive funds from family or friends. USCIS accepts money from gifts or inheritance, but you must prove that the original source of the money was legal.

For inheritance, you will need:

• A copy of the will or inheritance letter.
• Proof of relationship to the deceased.
• Documents showing that the inherited money came from a legal source.

For gifts, you must include:

• A gift letter signed by the person who gave you the money.
• Documents proving how the giver got the funds.
• Records of the money transfer from the giver to you.

4. Loans

EB-5 investors may use loans, but only if it is secured by the investor’s personal assets. To use a loan, you’ll need to provide:

• A signed loan agreement.
• Proof of collateral, such as property documents or asset valuations.
• Documents showing legal acquisition of the asset used as security.
• Bank statements showing the disbursement of loan funds.
• Bank records showing that the loan amount was transferred to your account.
• Evidence of the lender’s lawful source of funds.

Unsecured loans are also allowed, as long as they are lawfully obtained and the borrower is personally liable for repayment, as clarified in the Zhang case.

Documents USCIS Accepts for Path of Funds

Once you prove the source of your funds, you must show a step-by-step record of the path of funds. This term describes the journey of EB-5 capital from its initial source to the point they are deposited into the escrow account or the business account of the NCE. Here’s what you will typically need to show your full path of funds:

1. Bank Statements

Bank statements are the most basic documents for showing the path of funds. You should include:

• Bank statements from the time the funds were received to the time they were transferred to the EB-5 investment.
• Bank records from other accounts if the funds were moved between different banks.
• Records from accounts of gift-givers or loan providers if the money came from someone else.

2. Transaction Records

In addition to bank statements, transaction receipts or payment confirmations help support your case. These may include:

• Wire transfer receipts.
• Screenshots or emails showing completed transactions.
• Deposit slips.
• Receipts from banks or money exchange services.

3. Foreign Transfers

If you moved funds from another country to the U.S., you must explain and prove each step of the transfer. This may involve:

• Outbound transfer records from your home country.
• Inbound transfer records from your U.S. bank.
• Currency conversion receipts if the funds were converted from a foreign currency to USD.

Some countries have strict rules about moving large amounts of money abroad. If your country has such rules, include proof that you followed all local laws and banking procedures.

EB5AN Can Help You Prove Your Source and Path of Funds

The EB-5 program requires more than just capital investment. You must prove that your funds came from legal sources and were moved in a clear and traceable way for your petition to be approved. Showing the source and path of funds is not always simple, however, working with professionals makes the process much easier.

The EB5AN team understands what USCIS looks for in EB-5 petitions. With more than a decade of experience, we have supported over 2,700 families in preparing their documentation and achieving Green Card approval.

Book a free call with our expert team today to make sure your EB-5 paperwork tells a complete and valid story.

The EB-5 program is primarily valued for the chance to obtain permanent residency in the United States, but most investors also hope to eventually recoup their investment.

When an EB-5 project is financially successful and able to pay back its EB-5 loan, investors receive their funds as described in the project’s offering documents. Still, even developments with well-thought-out plans and solid capital structures can encounter unexpected challenges. The U.S. real estate market, which hosts many EB-5 projects, is especially prone to rapid shifts. And while investors want certainty, EB-5 rules prohibit personal contractual repayment guaranties.

That said, there are mechanisms projects can use to provide added security for their investors. One of the strongest is a repayment guaranty. Under this arrangement, another entity agrees to repay the EB-5 loan if the borrower is unable to.

However, such a guaranty is only as dependable as the guarantor itself. If the guarantor does not have the resources to make good on the promise, the guaranty adds little protection.

This article explains how repayment guaranties function in EB-5 projects, why the guarantor’s financial strength is essential, and what factors investors should examine before committing to a project with a repayment guaranty.

The Financial Risk in EB-5 Investments

To see how repayment guaranties fit into EB-5 offerings, it helps to look at how funds move through a project.

Typically, an investor wires their capital to an escrow account overseen by the regional center’s investment fund. This fund then loans the capital to the project entity developing the real estate. The project company is the borrower of the EB-5 loan.

Once the loan matures, the borrower is expected to repay the investment fund, which then distributes the repayment back to individual investors.

The challenge is that repayment to investors is entirely dependent on whether the EB-5 loan itself is repaid. If the project succeeds and can cover its obligations, repayment occurs. But EB-5 rules require that investor funds remain “at risk,” so investors cannot be given a personal repayment guarantee.

In practical terms, this means the investment can result in either loss or gain.

Another factor to keep in mind is the project’s capital structure. EB-5 loans are often lower in priority compared to other financing sources, so senior lenders are repaid first. Even financially solid projects can encounter difficulties or market changes that affect their ability to repay.

Given the minimum EB-5 investment of $800,000, it is natural for investors to look for ways to reduce this financial risk.

How Repayment Guaranties Work

A repayment guaranty is one tool that can lower risk in EB-5 offerings. In this arrangement, a guarantor pledges to cover repayment of the EB-5 loan to the investment fund if the borrower defaults or faces financial obstacles.

The guaranty’s terms—such as whether it covers the full loan or a portion, and the conditions that trigger repayment—are specified in the loan agreement and guaranty documents. Importantly, these guaranties are legally enforceable. They function much like collateral, giving investors added assurance that funds will be repaid if the borrower cannot meet its obligations.

Why Repayment Guaranties Are Allowed

Since each EB-5 investment must involve some element of risk, individual investors cannot be given direct repayment guarantees. A loan repayment guaranty does not remove risk entirely, however, because it only obligates the guarantor to repay the loan—not to guarantee repayment to each investor personally.

This distinction ensures that the at-risk requirement of the EB-5 program remains intact. If the guarantor itself encounters financial strain, repayment may still be at risk. But a strong, well-capitalized guarantor significantly lowers that possibility.

Because the guaranty is an agreement between the lender (the investment fund) and the borrower (the project company), and not a guarantee of principal to each investor, USCIS has consistently approved projects with such structures—including EB5AN’s.

What Makes a Strong Guaranty?

The value of a repayment guaranty depends entirely on the guarantor. Investors should consider several points to determine whether a guaranty is truly secure.

• Is the guarantor a parent or holding company of the developer?

Large developers or their holding companies often have substantial equity and diversified assets spread across multiple projects. This financial strength makes it more likely they could repay the EB-5 loan even if one project falters. A history of completing projects and repaying obligations is another positive indicator.

• Does the guaranty include minimum equity coverage?

Many of the strongest guaranties require the guarantor to maintain a set equity ratio. For example, a 150% coverage requirement means that for every $1 in guaranteed debt, the guarantor must maintain at least $1.50 in equity. If equity drops below this threshold, the developer may be required to inject capital or take corrective measures. These provisions make repayment far more likely, even if the project underperforms.

A well-capitalized guarantor with diversified assets and strong equity coverage can provide significant protection.

Weak Guaranties Investors Should Avoid

Not every repayment guaranty offers real protection. Warning signs include:

• The guarantor lacks enough equity to cover the full EB-5 loan.
• The guarantor has no established track record of repaying obligations.
• The developer refuses to provide details or financial statements on the guarantor.
• The guarantor is closely tied to the lender or developer, creating conflicts of interest.

Any of these factors could render the guaranty ineffective and leave investor funds exposed.

EB5AN’s Guaranties With The Kolter Group

At EB5AN, we prioritize offering investors a high level of safety, often exceeding typical industry standards. To achieve this, we partner with developers who have proven track records and sufficient assets to secure EB-5 loans.

Since 2014, EB5AN has worked with The Kolter Group on multiple EB-5 projects, all of which have included repayment guaranties or the option to add one. Kolter’s extensive assets and equity fully secure each EB-5 loan.

Kolter has successfully weathered economic downturns, including the 2008 financial crisis, and has invested more than $20 billion into real estate projects over nearly two decades. Every EB5AN–Kolter project has received USCIS approval, and all EB-5 funds have either been repaid or remain in good standing.

This record demonstrates why Kolter is an ideal guarantor for EB-5 loans.

Lowering Risk With the Right Project

While individual EB-5 investors cannot receive direct repayment guarantees, choosing a project with a strong loan repayment guaranty can significantly reduce financial risk.

By carefully selecting such a project, investors improve their chances of both securing permanent residency and recovering their investment.

If you would like to learn more about EB-5 projects with strong repayment guaranties, schedule a free consultation with our expert team today.

Understanding the EB-5 program begins with understanding its language. Immigration law and investment structures come with a host of acronyms and technical terms, and without a guide, it can feel overwhelming. Prospective investors are asked to review offering documents, track visa bulletin dates, and navigate requirements like job creation and sustainment, all of which are explained in specialized EB-5 vocabulary.

For families considering the EB-5 program, learning these terms is essential preparation. Clear knowledge of what phrases like “at risk,” “priority date,” or “concurrent filing” mean allows you to ask sharper questions, avoid costly mistakes, and better evaluate project opportunities. Whether you’re just beginning your EB-5 journey or already reviewing a project, this glossary provides plain-language explanations of the most common terms you will encounter.

With these basics in place, you can move through the EB-5 process more clearly, know what each step involves, and better evaluate your options for becoming a permanent resident of the United States.

• Adjudication: The process by which U.S. Citizenship and Immigration Services (USCIS) reviews and makes a decision on an investor’s petition or application, such as their Form I-526E or I-485.
• Adjustment of Status: The process to apply for lawful permanent resident status (Form I-485) within the U.S.
• Advance Parole (AP): Travel authorization investors can apply for while their I-485 application is pending.
• Aging Out: When a child dependent turns 21 and is no longer eligible under the principal applicant’s petition unless protected by the Child Status Protection Act (CSPA).
• At-Risk Requirement: The rule requiring that EB-5 capital must remain at risk for the purpose of generating a return, meaning there can be no guarantees of return or redemption during the sustainment period.
• Audits & Annual Statements: USCIS audits regional centers at least once every five years; regional centers also file annual I-956G compliance statements.
• Bridge Financing: Temporary financing replaced by EB-5 funds; must be carefully structured to comply with EB-5 program rules.
• Capital Stack: The total combined funding structure of an EB-5 project that incorporates the different layers of investment and financing sources, including EB-5 investor funds, loans, and other equity.
• Child Status Protection Act (CSPA): Helps some children avoid aging out by subtracting the I-526/I-526E pending time from the child’s age on the date a visa becomes available (per the Visa Bulletin).
• Concurrent Filing: Filing the I-526E and I-485 applications at the same time (allowed under the RIA if visa is available); applicants must currently be in the U.S. on a qualifying nonimmigrant visa.
• Conditional Green Card: A two-year Green Card issued after EB-5 approval.
• Consular Processing: Visa processing at a U.S. embassy or consulate outside the U.S.; this is the equivalent visa process for those ineligible to file concurrently.
• Cut-Off Date: Date established in the monthly Visa Bulletin after which no more visas are available for a given country or category.
• Date for Filing: The earliest date when applicants may submit adjustment of status applications.
• Dependents / Derivatives: A principal investor’s spouse and unmarried children under 21, who are eligible to receive Green Cards based on the investor’s approved petition; these two terms are interchangeable.
• Developer: The entity or individual that manages and oversees the EB-5 project and uses investor funds to finance and complete the commercial enterprise, often through a regional center’s sponsorship.
• Direct Investment: The form of EB-5 investment in which an investor invests directly in the job-creating business; this type of investment can only count direct jobs toward the EB-5 program’s job creation totals.
• Direct Jobs: Full-time jobs directly created by the EB-5 project and evidenced by payroll records.
• Dual Intent: The concept that an EB-5 applicant can pursue permanent residency while maintaining nonimmigrant status under certain qualifying visa categories.
• EB-5 Visa: A U.S. immigrant visa for international investors who make a qualifying investment and create 10 full-time jobs for U.S. workers.
• Economic Report: A third-party analysis (often using input-output models like RIMS II or IMPLAN) to calculate indirect and induced jobs created by an EB-5 investment.
• Employment Authorization Document (EAD): The work permit EB-5 investors can apply for while their I-485 application is pending.
• Equity Model: An EB-5 investment model in which the new commercial enterprise (NCE) makes an equity investment into the job-creating entity (JCE); in such instances, EB-5 investors’ funds are used to purchase interests in the project, and EB-5 investors are paid back after a capital event, such as a sale or refinancing, with any additional returns stemming from project profits.
• Escrow: A temporary account to hold investor funds before project approval or conditional Green Card approval.
• Exit Strategy: The plan for returning the investors’ capital, typically through repayment of a loan or sale of equity.
• Final Action Date: Date when a visa can actually be issued; the Visa Bulletin must show that an investor’s priority date is earlier than their final action date before their immigration documents can be processed.
• Form I-485: The form used to apply for adjustment of status.
• Form I-526: The petition to classify the investor as eligible for EB-5 status. (Now split into I-526 and I-526E under RIA.)
  • I-526 (Standalone): For direct investors.
  • I-526E (Regional Center): For regional center investors.

• Form I-829: Petition to remove conditions on permanent residence; filed in the 90-day window before the second anniversary of becoming a conditional permanent resident.
• Form I-956: Form for regional centers to apply for designation under the new RIA rules.
  • I-956F: Project approval request form.
  • I-956G: Annual compliance certification form.
• Green Card: The official U.S. document granting lawful permanent residency to the investor and their eligible dependents after meeting the investment and job creation requirements.
• Grandfathering: Provision under the RIA to protect investors with filed petitions from being negatively impacted by potential program lapses or changes.
• Immigrant Intent: The investor’s intention to permanently reside in the United States, which aligns with the EB-5 program’s goal of granting lawful permanent residency through investment.
• Indirect Jobs: Jobs indirectly created as a result of project spending (e.g., suppliers). Only regional center projects can count these jobs.
• Induced Jobs: Jobs created from increased household spending by workers employed directly or indirectly (e.g., workers at nearby restaurants). Only regional center projects can count these jobs.
• Integrity Fund: A fund established by the RIA to support USCIS monitoring and program integrity efforts.
• Investment: The required capital, typically $800,000 or $1,050,000, that a foreign investor must put into an NCE in the U.S. to create or preserve at least 10 full-time jobs for U.S. workers.
• Job-Creating Entity (JCE): The business or project that actually creates the jobs; it may or may not be the same entity as the NCE.
• Job Creation: The requirement that each investor’s capital must create or preserve at least 10 full-time, permanent jobs for qualified U.S. workers within a reasonable timeframe.

• Loan Model: An EB-5 investment model in which the NCE loans the EB-5 funds to the JCE (typically used in regional center projects); loan investments have an established maturity date (date by when the loan must be repaid), and any additional returns stem from interest gained on the principal loan.
• Mandamus: A legal action filed to compel USCIS to make a decision on a delayed petition or application when processing times exceed reasonable limits; commonly referred to as a writ of mandamus.
• Material Change: A change in the investment/project that could affect the adjudication of an investor’s petition; such changes are strictly regulated under the RIA.
• Material Misrepresentation: Any false statements in an EB-5 application that can lead to denial and potential immigration bars.
• New Commercial Enterprise (NCE): The entity into which the EB-5 investor makes their investment; this entity must be a for-profit enterprise formed for the ongoing conduct of lawful business.
• Notice of Intent to Deny (NOID): A formal communication from USCIS indicating that an investor’s petition or application is likely to be denied unless the applicant provides additional evidence or explanation to overcome the issues raised.
• Offering Documents / Private Placement Memorandum (PPM): Key investment disclosures provided to EB-5 investors; these documents include such information as the legal structure of the regional center and the NCE, a breakdown of how investors’ funds will be used in the JCE, and the investment terms and repayment structure.
• Oversubscription: When the number of applicants exceeds the available visas in a specific visa category or from a specific country; oversubscription commonly leads to backlogs and visa retrogression.
• Path of Funds: The documented trail showing how the investor’s money was lawfully transferred from its original source through various accounts and transactions until it was invested in the EB-5 project.
• Priority Date: The date when an investor’s I-526/I-526E is properly filed; this date is used for visa allocation and retrogression purposes.
• Priority Processing: A benefit reserved for rural targeted employment area (TEA) projects through which applicable investors’ applications are given priority by USCIS.
• Project: The specific commercial enterprise or business venture into which the investor’s capital is placed to meet the investment and job creation requirements.
• Redeployment: The reinvestment of EB-5 funds after the job creation requirement is met but before the sustainment period ends.
• Reform and Integrity Act of 2022 (RIA): A piece of major legislation that reauthorized the regional center program and which established several crucial integrity measures and program changes.
• Regional Center: USCIS-approved entities that pool EB-5 capital and allow job creation to be shown through indirect and induced methods.
• Repayment Guarantee: A promise by the project or developer to return the investor’s capital under certain conditions, though such guarantees do not affect the investment’s eligibility for EB-5 requirements.
• Request for Evidence (RFE): A formal notice from USCIS asking the petitioner to provide additional information or documentation to clarify or support their EB-5 application or petition before a decision can be made.
• Reserved Visas / Set-Asides: Visas set aside by the RIA to spur investment into certain projects; 32% of the annual EB-5 visa quota is set aside into three separate categories:
  • Rural Areas (20%)
  • High-Unemployment Areas (10%)
  • Infrastructure Projects (2%)
• Site Visit: On-site inspections of projects conducted by USCIS as an extension of the new integrity rules established by the RIA.
• Source of Funds: Documentation proving that the EB-5 investment capital comes from lawful sources.
• Sustainment Period: Time during which the investment must be sustained. Minimum two years, generally starting when the qualifying investment is made and made available to the job-creating entity.
• TEA (Targeted Employment Area): The designation for high-unemployment or rural areas where the investment threshold for any related project is reduced to $800,000 and through which investors gain access to reserved visas.
• Third-Party Lender: An external financial institution or entity that provides loans to the EB-5 project, separate from the investor’s capital investment.
• Unreserved Visas: The remaining 68% (excluding the 32% reserved every year) of EB-5 visas available to all investors in non-reserved project categories.
• Visa Backlog: When demand for visas exceeds the annual limits set by law, causing delays in Green Card processing. Backlogs are often the result of per-country caps and overall visa number shortages.
• Visa Bulletin: Monthly publication by the Department of State showing visa availability.
• Visa Retrogression: Occurs when demand exceeds supply, causing visa availability to move backward or become unavailable.

If you want help putting these terms into practice, EB5AN can guide you through today’s EB-5 investment landscape, explain what your timeline might look like, and outline the documents required at each stage. Schedule a free call with our team to discuss your situation, review current project options, and get clear answers on how the rules apply in your case.

For families seeking a better future in the United States, the EB-5 visa program has become a key path toward permanent residency. However, the process includes many legal and financial steps, and missing just one of them can lead to delays or even denial of your petition.

One of the most important rules in the EB-5 program is the at-risk requirement, and many investors do not understand this rule when they begin their EB-5 journey.

In this article, we will break down the at-risk requirement in simple terms to help you make better and safer decisions for your future.

What Is the At-Risk Requirement?

The at-risk requirement means that the investor’s money must be subject to both potential loss and potential gain. That is, the law does not allow investors to protect their funds from risk during the EB-5 process. This is why the money must be invested in a real commercial enterprise and used for job creation.

To count as at risk, an EB-5 investment must:

• Be invested in a for-profit business.
• Have no guaranteed return or repayment.
• Show a chance of financial loss and gain.
• Be used to create full-time jobs for U.S. workers.

When Does the At-Risk Period Begin and End?

The at-risk requirement protects the original purpose of the EB-5 program, which is to encourage job creation in the U.S., not just offer a path to a visa in exchange for capital.

This period begins once the required EB-5 investment is made available to the business project, meaning the funds are actually deployed and subject to commercial use. Under current rules for post-RIA investors, the investment must remain at risk for at least two calendar years from that point. During this time, the capital must be actively used in the enterprise and exposed to the possibility of both gain and loss. Once the two-year sustainment period has passed and the job creation requirements have been met, the at-risk obligation ends. At that stage, investors may be eligible to receive a return of their capital, depending on the project’s terms.

How EB-5 Investors Can Meet the At-Risk Rule

To meet the at-risk rule, you must take steps to ensure your investment fits the legal standards. Here’s how to stay compliant:

• Choose a strong investment project: Your money must go into a business that aims to make money, not a nonprofit, charity, or personal project. A low-risk regional center project would be ideal for this. Also, make sure the enterprise is legally formed and registered.
• Avoid guaranteed returns: If a project or regional center offers to repay your investment with no risk, it does not meet the EB-5 rule. Therefore, you should be wary of contracts that mention fixed repayment dates, minimum returns, or complete capital protection.
• Ensure the funds are deployed: Your investment should not sit idle in a personal or escrow account. It must go into the business and be used to support activities that lead to job creation.
• Don’t remove funds too early: Early withdrawal, even if the project is complete, puts your Green Card at risk. Don’t withdraw before you’ve met the two-year sustainment and job-creation requirements—and only per the project’s terms (no guarantees).
• Track and document fund use: Ask the business or regional center for regular reports showing how the money is used. You will need this proof when you file your I-829.
• Work with experienced professionals: Hire an immigration attorney who understands EB-5 rules. They can help you review documents, avoid red flags, and stay compliant.

Key Exceptions and Considerations

While the at-risk requirement is central to the EB-5 program, there are some nuances and exceptions that you should be aware of:

Redeemable Investments

EB-5 projects include the possibility of returning the investor’s funds after the at-risk period is over. This is allowed, as long as the return is not guaranteed and the money remains at risk during the required period. So, if USCIS sees a future repayment plan but no promise to repay, this will not cause compliance issues.

Regional Centers

Regional centers offer pooled investment projects that many EB-5 investors prefer. They often allow for lower involvement in daily business activities and some offer structured investment terms. Some investors wonder whether regional center structures conflict with the at-risk rule. However, USCIS allows certain structures in regional center investments, such as:

• Preferred equity positions
• Return of capital after job creation
• Third-party repayment after the at-risk period ends

As long as the investment carries financial risk throughout the EB-5 process, these features do not disqualify the project.

EB5AN Can Help You Navigate the At-Risk Requirement

The at-risk requirement is one of the most important rules in the EB-5 program, and it is used to make sure that investors are truly supporting the U.S. economy. This is why mistakes around it can lead to delays or denial of your petition, even if you invest in a strong project.

At EB5AN, we help investors avoid common errors and select EB-5 projects that follow all program rules. Our team has guided more than 2,700 families through the EB-5 process to become permanent residents across 70+ countries.

If you want to make sure you choose projects that help you stay on track toward your U.S. permanent residency, schedule a free call with our team today.

If you are an Indian parent applying for the EB-5 visa, you’re likely doing it for your children. You want them to live in the United States, study at good schools, and have a future filled with freedom and opportunity. But, there’s one rule that can suddenly change everything, and it is called the dependent age-out rule.

Here, your child will be ineligible as a dependent if they turn 21 before you complete the process. That means they will have to find a separate path to stay in the U.S because they can no longer get a Green Card with you. And unfortunately, this rule hits Indian families the hardest.

In this article, we will explain what the age-out rule is and how you can avoid it to protect your child’s future.

What Is the Age-Out Rule in the EB-5 Program?

USCIS defines a “child” as someone who is under 21 years old and unmarried. If your child meets both conditions, you can include them in your application for them to receive permanent residency as your dependent.

However, if your child turns 21 before the Green Cards are available, they may be denied because they no longer qualify as a dependent. This is called “aging out.” In this situation, your child will have to apply for a different visa or start their own immigration case.

Why Indian EB-5 Investors Face More Risk of Aging Out

The EB-5 program has a yearly cap on how many Green Cards go to each country. Since India is one of the countries with the highest demand, there is usually a visa backlog. This simply refers to a long wait between your petition approval and the time you can apply for the Green Card.

While nationals from countries with no backlog can move through the EB-5 process exceptionally fast, Indian EB-5 investors often end up having to wait, depending on their unique circumstances or investment category. And if you face backlogs or delays in your immigration journey, your child keeps aging, making it difficult for you to include them in your immigration case when they turn 21.

The Role of the Child Status Protection Act (CSPA)

To help families with processing delays, the U.S. Congress passed the Child Status Protection Act (CSPA) in 2002. This law allows some children to stay eligible under certain conditions, even if they turn 21. The major way this act works is that it freezes your child’s age while USCIS is processing your EB-5 petition (Form I-526E).

For example, let’s say you file your Form I-526E when your child is 20 years and 6 months old and USCIS takes 18 months to approve it. During those 18 months, your child’s age is frozen at 20 years and 6 months, making your child’s CSPA age still under 21. Nonetheless, you must know that once the petition is approved, you must move fast to file the next step because the age will start counting again.

To lock in CSPA protection, a visa must be available when USCIS approves your petition. Then, you must file the Green Card application (Form I-485 or DS-260) before your child’s real age reaches 21. If you miss that window, your child may lose protection.

Summarily, while the CSPA helps, it only works well if you:

• Monitor your child’s age
• Track your petition’s timing
• Know when visas are available
• File your Green Card applications on time

How to Plan Ahead to Avoid Aging Out

Below are practical ways to take advantage of the CSPA and prevent aging out:

1. Start Early

The best thing you can do is start your EB-5 process when your child is still young. If your child is 16 or 17, you have more time to complete the EB-5 steps and still stay within the age limit. Even if your child is 18 or 19, you still have time, but you must act fast. The earlier you file your I-526E, the more time you’ll have to benefit from the CSPA freeze.

2. Track the Visa Bulletin

You should check the Visa Bulletin every month to know when Green Cards are available. When you go through the bulletin, you will notice that it has two key charts:

• Final Action Dates: Green cards are available when this date is current.
• Dates for Filing: You can submit the Green Card application when this date is current.

You need to follow the final action date because the CSPA protection only works based on it. If your final action date becomes current, and your child’s CSPA age is under 21, you must file the Green Card application right away to lock in their age.

3. Use Concurrent Filing

In 2022, new rules allowed concurrent filing for EB-5 investors who are already in the United States. Concurrent filing lets you submit your EB-5 petition (Form I-526E) and your Green Card application (Form I-485) together, as long as a visa is immediately available to you. This approach can help your child benefit from CSPA protections and also provides lawful status in the U.S. while you wait.

4. Talk to an Experienced Immigration Attorney

The immigration process can be complex, and one mistake can cost your child their Green Card. This is why you should work with an experienced EB-5 attorney instead of managing the risks and pressures alone. The right EB-5 lawyer can help you calculate your child’s CSPA age, track the Visa Bulletin for your priority date, and help you file forms on time.

Work With EB5AN to Manage Age-Out Concerns

Aging out can cause serious stress for you as an Indian EB-5 investor if it forces you to leave your children out of the Green Card process. However, gathering your documents in advance and working with an immigration attorney who understands Indian EB-5 cases can make all the difference.

At EB5AN, we have helped over 2,700 families from 70+ countries, including many Indian families, to become lawful permanent residents of the United States.

Book a free call with our expert team today to take the right moves before the Green Card clock runs out on your children.

Many Indian tech workers move to the United States with hopes of building long-term careers. While the H-1B visa allows them to live and work in the U.S., there is a six-year limit. Moreover, the dependency on employer sponsorship, dramatic policy shifts, and the Green Card backlog have made things more difficult for Indian nationals.

These challenges often force H-1B workers to make tough decisions. Some face job loss, while others want to switch employers but worry about losing status. Also, many do not qualify for other common visa types. With the pressure to act fast, workers need clear guidance on how to legally and safely stay longer in the country.

In this article, we will explain how Indian tech workers can extend their H-1B visas and how they can take advantage of the EB-5 program to stay permanently in the U.S.

Understanding How Long You Can Stay With Your H-1B Visa

The H-1B is a temporary work visa that starts with an initial period of three years and can be extended for three more, making a total of six years in most cases. After six years, you must leave the U.S. or move to a different visa type, unless you qualify for an exception. That said, here are a few things to note about this visa type:

• The six-year limit includes only time spent in the U.S. on H-1B. If you traveled abroad, that time may not count.
• If your employer has started your EB-2 or EB-3 Green Card sponsorship (by filing a PERM labor certification or Form I-140), you may qualify for H-1B extensions beyond six years.
• If your job ends, you have a 60-day grace period to change employers, switch status, or leave the country.

How to Extend Your Stay With Your H-1B Visa

If your six-year H-1B period is ending, you may still have options to stay longer in the United States, especially if you’ve already started the Green Card process. Below are three common ways to extend your stay:

Option 1: Extend Your Stay With PERM and I-140

In the EB-2 or EB-3 Green Card process, your employer first files the PERM labor certification with the U.S. Department of Labor. It shows that your job is real, you are being paid a fair wage, and no qualified U.S. worker was available for the role. If your PERM or I-140 was filed at least 365 days before your six-year limit, you may qualify for a one-year H-1B extension under AC21.

Submitting the I-140 Petition comes after your PERM is approved and your employer files it with USCIS. It confirms that you qualify for the job and the company can support your Green Card process.

Once your I-140 is approved and your priority date is not current (visa number unavailable), you can apply for three-year H-1B extensions until a Green Card becomes available. This is the most common path used by Indian workers to extend their stay beyond six years. However, it requires early planning, ideally by year four of your H-1B.

Option 2: Switch to a Different Employer With H-1B Portability

You can switch jobs on an H-1B visa by using something called H-1B portability. This allows a new employer to take over your sponsorship, without needing to go through the lottery again. Here, your new employer must file an H-1B transfer petition with USCIS. You can start working once USCIS issues the receipt for a timely, nonfrivolous H-1B petition filed before your current status expires.

If you already filed for a Green Card, some parts, such as your priority date, may transfer to your new employer. But, your new employer will have to file a new PERM and I-140, unless your old I-140 was approved and meets portability rules. Although switching employers can be a good option, it is important to plan the timing carefully so you don’t fall out of status.

Option 3: Recapture Time Outside the United States

If you spent time outside the U.S. during your H-1B period, for work trips, vacation, or family visits, that time does not count toward the six-year limit. You can recapture that unused time by providing travel records like passport stamps or flight records when filing your extension. Even a few months can make a difference if your Green Card process needs more time.

EB-5 Visa: An Alternative Green Card Option for H-1B Holders

If extending your H-1B is not possible or if you are looking for a path with more flexibility, you may consider changing to a different U.S. visa, like EB-5. The EB-5 visa is a U.S. immigration option that offers foreign nationals a direct path to a Green Card by investing in the U.S. economy. To qualify for the program, you must meet the following requirements:

• Minimum investment: You must invest either $800,000 in a targeted employment area (TEA), which includes designated rural areas or places with high unemployment, or $1,050,000 in a non-TEA project
• Job creation: Your investment must create 10 full-time jobs for U.S. workers. If you invest through a regional center, the project will usually meet this requirement on your behalf by counting both direct and indirect jobs.
• At-risk capital: The funds must remain “at risk” during the investment period, meaning there is no guaranteed return. However, reputable EB-5 projects are structured to protect investors while meeting legal requirements.
• Lawful source of funds: You must prove that your investment capital came from a legal source, such as salary, property sales, loans, or gifts, and detailed documentation will be needed.

Why Is EB-5 a More Secure Alternative

While many H-1B workers face uncertainty due to job changes, visa expiration, and long processing times, EB-5 stands out because:

• You don’t need employer sponsorship: With EB-5, you’re not tied to any employer. Instead, you invest your own money and apply as an individual, which gives you more freedom and fewer disruptions.
• You can skip the PERM process: EB-5 does not require a labor certification. Therefore, you don’t need to go through the lengthy PERM process or prove that no qualified U.S. workers were available.
• Your family is covered: Your EB-5 application can include your spouse and your unmarried children under 21, which gives them Green Cards at the same time as you.
• You gain more flexibility: Once you receive your conditional Green Card, you are free to work in any field, start your own business, live in any state, and travel in and out of the U.S. more freely.

Transition to EB-5 With EB5AN

If you are an Indian tech worker on an H-1B visa, you already know how complex and uncertain the process can be. Whether you’re approaching the end of your six-year limit, stuck in a Green Card backlog under another category, or simply looking for more stability, now is the right time to explore the EB-5 visa.

EB5AN is committed to helping Indian H-1B workers understand and navigate the EB-5 process with confidence. So far, we have made more than 2,700 families from over 70 countries become U.S. Green Card holders.

Book a free call with us today to learn more about the EB-5 program and how our expert team can help.