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.

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.

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.