The EB-5 program, one of the world’s most popular investor visa options, requires foreign investors to make a substantial financial commitment to a U.S. business venture.

As of 2024, the investment threshold stands at $800,000 for projects in targeted employment areas (TEAs) or $1,050,000 for non-TEA investments. However, the program’s most critical feature is its ability to generate American jobs.

The United States Citizenship and Immigration Services (USCIS) oversees this program, ensuring that each investment not only meets financial criteria but also fulfills the job creation requirement.

This dual focus on investment and employment makes the EB-5 program a powerful driver of economic growth, particularly in areas that might otherwise struggle to attract capital.

Understanding the EB-5 Job Creation Requirement

Each EB-5 investment must result in the creation of at least 10 full-time positions for qualifying U.S. workers. This requirement ensures the investment’s economic impact and serves as a foundation for the investor’s eligibility for permanent residency.

A “job” in the EB-5 context refers to a full-time position requiring at least 35 hours of work per week. These positions must be permanent and year-round—seasonal or temporary jobs do not qualify.

Additionally, employees filling these roles must be authorized to work in the United States, including U.S. citizens, lawful permanent residents, and other work-authorized immigrants.

Certain individuals are excluded from the job count: the EB-5 investor, their spouse, and their children. Nonimmigrant workers, such as those on temporary visas, are also not considered qualifying employees for EB-5 purposes.

Direct Investment vs. Regional Center: Paths to Job Creation

The EB-5 program offers two primary investment routes, each with distinct approaches to job creation: direct investment and regional center investment.

Direct Investment

In a direct investment, the foreign investor typically establishes or invests in a commercial enterprise that directly employs workers.

This may involve starting a new company, purchasing an existing or troubled business under fair market value, or expanding a current enterprise.

Any employment must create direct jobs, identifiable positions within the business that received the EB-5 capital invested.

Regional Center Investment

Regional centers, authorized by USCIS, provide a more flexible approach to job creation. These entities often sponsor large-scale projects, such as real estate developments.

The key advantage of regional center investments lies in their ability to count indirect and induced job creation toward the 10-job requirement.

• Direct jobs: Positions created within the commercial enterprise.
• Indirect jobs: Jobs created in businesses supplying goods or services to the EB-5 project.
• Induced jobs: Jobs resulting from the broader economic impact of the EB-5 investment.

This expanded definition of job creation often makes regional center investments appealing to EB-5 investors, especially for large-scale projects or an existing business.

The Timeline: When Jobs Need to Materialize

The job creation timeline is critical in the EB-5 process. Contrary to common assumptions, the 10 jobs do not need to exist at the time of the initial investment. Instead, the EB-5 program allows a timeline that aligns with business development cycles.

Key Stages in the EB-5 Process

1. I-526E Petition Filing: This initial petition does not require proof of actual job creation. Investors must present a detailed business plan demonstrating how and when the required jobs will be created.
2. Conditional Permanent Residency: Upon approval of the I-526E petition, investors and their families receive conditional Green Cards valid for two years.
3. I-829 Petition Filing: Toward the end of the two-year conditional residency, investors file this petition to remove conditions on their Green Cards. At this stage, they must prove that the required jobs have been created or are on track to be created within a reasonable timeframe.

USCIS generally expects the 10 jobs to be created within two years. Flexibility may be granted for businesses demonstrating a longer yet reasonable job creation schedule.

Proving Job Creation

Proving job creation is a crucial step in the EB-5 process, particularly during the I-829 petition stage. The method of proof depends on whether the investment is direct for a new commercial enterprise or through a regional center. For Direct Investments:

• Payroll records.
• I-9 forms for employees.
• Tax documents (e.g., W-2 forms, quarterly tax filings).
• Business licenses and permits.

For Regional Center Investments:

• Economic impact reports.
• Financial statements.
• Construction timelines and completion reports (for real estate projects).
• Tenant occupancy data (for commercial developments).

Regional centers often rely on economic modeling tools, such as RIMS II or IMPLAN, to calculate and demonstrate job creation. These models consider induced, direct and indirect jobs, providing a comprehensive view of the economic impact.

Overcoming Challenges in EB-5 Job Creation

While the job creation requirement appears straightforward, it can present certain practical challenges, such as:

• Economic Fluctuations: Market changes can impact job creation projections.
• Project Delays: Regulatory hurdles or construction setbacks may extend timelines.
• Changes in Business Plans: Adjustments to market conditions might affect employment projections.
• Documentation Complexities: Economic modeling and record-keeping for regional center projects can be intricate.
• Timing Issues: Aligning job creation with immigration timelines can be challenging, particularly for long-term projects.

Strategies for success in meeting the EB-5 job creation requirements include building buffer jobs into projections to account for potential shortfalls, ensuring detailed records are kept of all job-related activities and expenditures, and collaborating closely with immigration attorneys and economic advisors to maintain compliance.

Additionally, developing contingency plans for various scenarios can help mitigate challenges that may arise during the investment and job creation process.

At EB5AN, we prioritize low-risk regional center projects that emphasize job creation and USCIS compliance, minimizing investor risk and maximizing approval potential.

To learn more about how EB5AN can help you achieve your immigration goals through EB-5 investment, schedule a free consultation today.

The L-1 visa, also known as the Intracompany Transferee Visa, is a valuable option for multinational companies and their employees.

As the name implies, this visa allows multinational companies to transfer employees from foreign offices to their U.S. branches. To qualify for this work transfer visa, applicants must have worked for the foreign company for at least one year within the last three years.

Despite its benefits, the L-1 visa is only valid for a few years and does not lead to U.S. permanent residency. Furthermore, L-1 holders may face strict job-specific requirements that could limit their access to various economic resources in the U.S.

Thankfully, there are multiple pathways to adjust status and change from an L-1 visa to permanent residency status.

In this article, you will learn about the different visa options for transitioning from an L1 visa to Green Card, their advantages, and the steps involved.

Types of L-1 Visas

The L-1 visas are of two main types: the first type applies to C-suite employees and managers, while the second is reserved for employees with specialized knowledge or skill.

Below we discuss them in detail.

L-1A Intracompany Transferee Executive or Manager

The L-1A visa is for applicants who have worked for a foreign company in an executive or managerial role. For L-1A visa holders, the initial stay is up to one year for new companies and up to three years for established companies. This can be extended for up to seven years.

L-1B Intracompany Transferee Specialized Knowledge

The L-1B visa is for workers who possess specialized knowledge that is important to a foreign employer. This visa is best for workers with special expertise in a particular area, such as technology or research.

L-1B visa holders are typically granted an initial stay of up to one year for new companies and up to three years for established ones, with a maximum stay of five years.

Different Routes to Obtaining a Green Card With an L-1 Visa

There are various options available to persons wishing to change from an L-1 visa to a Green Card. The most common types of U.S. immigrant visas available to foreign nationals with the L-1 visa are the EB-1C, EB-2, and EB-3 visas.

Lastly, there’s the EB-5 visa option for investors who make a qualifying foreign investment. Below, we explore the different pathways to obtaining an employment based Green Card.

EB-1C Visa

The EB-1C immigrant visa is designed for multinational executives and managers, making it suitable for L-1A visa holders.

One of the key advantages of the EB-1C visa compared to other employment-based visa categories, such as the EB-2 or EB-3 visas, is that it doesn’t require an approved labor certification.

To apply for the EB-1C Green Card, the employer will need to file the I-140 petition on behalf of its foreign worker. Once the I-140 petition is approved, the employee can then file for adjustment of status (Form I-485) to transition from nonimmigrant status (like the L-1 visa) to permanent resident status.

However, the EB-1 category comes with its own set of rules and requirements, so L-1 visa holders must carefully study this option and their likelihood of receiving employer sponsorship before making such crucial decisions.

EB-2 Visa

The EB-2 Green Card is an employment-based immigrant visa for professionals with advanced degrees or special skills in their field.

To qualify, applicants must have at least a master’s degree (or its equivalent) or demonstrate exceptional ability in areas such as science, arts, or business. Depending on their qualifications, L-1B visa holders may be eligible for an EB-2 visa.

Another benefit of this visa is that applicants can request a National Interest Waiver (NIW). The waiver permits applicants to skip employer sponsorship if they can prove their work is significantly valuable to the U.S.

Similar to the EB-1C application process, L-1 visa holders who want to apply for the EB-2 visa must file an I-140 petition. After that is approved, they must also file Form I-485.

Unfortunately, a labor certification is required before applying for the EB-2 visa, which typically makes the visa process longer and more complicated.

EB-3 Visa

The EB-3 Green Card is an employment-based immigrant visa open to skilled, professional, and other workers.

To qualify, skilled and professional applicants must have at least two years of experience or training in a skilled occupation or hold a U.S. bachelor’s degree. However, workers in unskilled labor positions require less than two years of experience.

L-1B visa holders are more likely to be eligible for the EB-3 visa as professional and skilled workers than L-1A employees. Like the EB-2 visa, the EB-3 visa requires labor certification and has a similar application process.

Certain EB-2 and EB-3 category applicants, especially those born in India or China, also face long backlogs.

EB-5 Visa

The EB-5 investment visa offers an appealing alternative pathway to obtaining a Green Card for L-1 visa holders.

To qualify for an EB-5 visa, applicants must make a minimum qualifying capital investment of at least $1,050,000 million, or $800,000 if the investment is in a targeted employment area (TEA). Additionally, the investment must create at least 10 full-time jobs for U.S. workers.

The EB-5 path is the best option for L-1A visa holders who want to have full control over their Green Card application process, as it offers more flexibility and fewer restrictions.

How to Obtain an EB-5 Green Card With Your L-1 Visa

At first, the EB-5 visa process may seem complicated to prospective applicants, but once you have the right information and expert guidance, you can position yourself for a successful EB-5 investment and permanent residence.

Below, we have provided a breakdown of the steps involved in transitioning from an L-1 visa to an EB-5 Green Card.

Preliminary Stages

The first step in your EB-5 journey should be gaining in-depth knowledge on the EB-5 program. This informs you of the basic EB-5 requirements and enables you to choose the right immigration attorney for your EB-5 application.

This may also be a good time to begin compiling the necessary documentation for the entire Green Card process with the guidance of your attorney.

Choose an EB-5 Investment Project

There are two EB-5 visa investment options from which applicants can choose: direct and regional center investments. Direct investments involve higher risk since the investor independently funds and manages the new commercial enterprise.

On the other hand, regional center investments involve investing through a United States Citizenship and Immigration Services (USCIS) approved regional center, which manages EB-5 projects.

This is often easier as regional centers handle job creation and other EB-5 compliance issues. It is perfect for applicants who prefer to be passive investors.

The type of investment you choose determines the fate of your EB-5 journey, so be sure to consult with an EB-5 expert and perform the required due diligence in selecting your EB-5 project.

File Form I-526E

After making a qualifying investment, the next step is to file your Form I-526E. This form demonstrates your qualifying investment, job creation plans, and source of funds documentation.

Your investment type determines which version of the form you’d file. If you’re investing in an NCE directly, choose Form I-526 (Immigrant Petition by Standalone Investor), while persons investing through regional centers are to file Form I-526E (Immigrant Petition by Regional Center Investor).

To file the petition, L-1 visa holders need to provide proof of their investment and its potential to create jobs, as well as documentation proving the legal source of their funds.

Apply for Adjustment of Status

Once your I-526E petition is approved, you can apply for conditional permanent residency in the U.S. by filing Form I-485. However, L-1 visa holders who already live and work in the U.S. may file Form I-485 concurrently with Form I-526E.

The first task here is to submit Form I-485, along with all required supporting documents and the filing fee. Upon receiving your application, the USCIS will schedule a biometric appointment at an Application Support Center (ASC).

At the appointment, USCIS will collect fingerprints (for background checks via the FBI and other agencies), digital photographs, and signatures (used for identity verification and documentation).

Receive Conditional Green Card

If Form I-485 is filed successfully, you and your eligible family members (spouse and children under 21) will receive a conditional EB-5 Green Card. This is valid for two years and grants the right to live and work in the U.S.

To ensure that your conditions are removed in two years, you must reside in the U.S. as a conditional permanent resident, create 10 full-time jobs through your investment, and avoid extended stays outside the U.S. (more than 6 months at a time).

File for Removal of Conditions

90 days before the two-year period of your conditional residency runs out, you must apply for a permanent Green Card by filing an I-829 petition.

Here, you will be required to provide business records, payroll records for employees, tax statements, and project completion documents.

Your regional center and immigration attorney will help you with this. Once these documents are approved, your conditional status will be removed, and you will receive full permanent residency.

Permanent Green Card and U.S. Citizenship

After the conditions are removed, EB-5 investors will become permanent U.S. residents.

When you have stayed in the U.S. for five years and also met the naturalization requirements, you may file Form N-400 to apply for U.S. citizenship.

The requirements include physical presence and continuous residence, among others.

Transition From an L1 Visa to Green Card With EB5AN

Selecting the right employment-based pathway can be overwhelming for L-1 visa holders, especially because there are various options to choose from.

This is why it is in your best interest to choose a knowledgeable immigration attorney who understands your needs and goals.

At EB5AN, we have the track record and deep industry knowledge to prove that we are a trusted partner for your EB-5 journey. With over a decade of experience as a top EB-5 firm, EB5AN boasts a 100% USCIS approval rate and a history of successful projects.

Our team of skilled professionals is ready to support you at every stage of your EB-5 process.

To explore your EB-5 options, schedule a free consultation with our expert team at EB5AN today.

The EB-5 Immigrant Investor Program provides an exciting pathway for foreign nationals to gain permanent residency in the United States by investing in U.S. businesses. However, as with any investment, the key to success is not just in the opportunity itself but also in the people behind the company. For prospective EB-5 investors, ensuring that the leadership of an EB-5 company is well-qualified is critical to reducing risks and maximizing the chances of a successful investment.

Before committing your capital, it is important to carefully evaluate the team leading the EB-5 project of your choosing. In this article, we will guide you through the key factors to consider when assessing the leadership of an EB-5 company, what to watch out for, and how to make an informed decision.

Assess the Leadership’s Experience

A successful EB-5 investment is largely dependent on the experience and competence of the project’s leadership team. Look for companies whose leadership team has a proven track record in both the business sector they are operating in and in managing EB-5 projects specifically. Experience in both fields will signal that the leadership understands not only how to run a successful business but also how to navigate the complexities of the EB-5 program.

Questions to ask:

• How long has the leadership team been involved in EB-5 projects?
• What is their experience in managing the type of project you are considering (e.g., real estate, infrastructure, technology)?
• Do they have a history of successful EB-5 projects, with investors receiving Green Cards and their investments returned?

A well-qualified team should have extensive experience managing projects that generate sufficient job creation, meet regulatory requirements, and lead to the successful approval of EB-5 petitions. Be sure to ask for evidence of their past successes, such as project case studies or testimonials from previous investors.

Check the Qualifications of Key Team Members

The team of an EB-5 company is made up of various key players. When evaluating the company, you should look closely at the qualifications of the individuals in these positions.

A CEO with a background in business development can provide strategic direction. On the other hand, it is crucial that the financial advisors and accountants the company works with are certified and have experience in managing investment funds and creating business plans that satisfy USCIS requirements.

It is also important for the company to have connections with a team of immigration attorneys who specialize in EB-5 visa issues. They should be familiar with the application process and have a history of successfully guiding investors through the approval process.

To verify these qualifications, request the professional credentials of the leadership team, and review their experience. Do not hesitate to ask for references or a track record of their past work.

Investigate the Company’s Reputation and Track Record

An established EB-5 company with a strong reputation in the market is more likely to offer a secure investment opportunity. Do some research to find out what previous investors and industry professionals are saying about the company. Word-of-mouth and online reviews can give you a sense of how reliable and trustworthy the leadership is.

Look for evidence that the company has successfully completed previous projects and has helped investors obtain their Green Cards. Be wary of companies with no verifiable track record or those that have had multiple projects fail.

Moreover, a reputable EB-5 company should provide clear, detailed information about their projects, leadership, and financials. If a company is hesitant to share this information or becomes defensive when questioned, it may be a red flag.

Before you invest a minimum of $800,000, you might also want to check if the company has been recognized by credible industry bodies or if they have earned positive media coverage. A well-established company is likely to have a solid network of partners, investors, and advisers.

Understand the Company’s Financial Stability

A key aspect of evaluating leadership is understanding how financially stable the company is. A company’s financial health is directly tied to its ability to complete projects on time, maintain its EB-5 commitments, and ensure the safety of investments.

In the process of looking into an EB-5 company’s financial stability, there are some red flags to watch out for. For example, if the company is unable to provide detailed financial statements or if their financial reporting seems inconsistent, this could indicate a lack of transparency or financial mismanagement.

Another red flag to watch out for is if the company is heavily leveraged or lacks sufficient funds to complete the project. This could result in delays or failure to meet EB-5 program requirements. Ensure that the company has access to other sources of capital and has contingency plans in place.

Before investing, request detailed financial information, including audited financial statements and projections for the project. Consulting with a financial advisor or an attorney who specializes in EB-5 investments can help you understand the financial aspects better.

Confirm the Company’s Commitment to Job Creation

The heart of the EB-5 program is job creation. Each investment must create at least 10 full-time jobs for U.S. workers. Failure to meet this requirement can result in a denial of the investor’s Green Card application and the loss of the investment.

Ensure that the leadership team understands the importance of job creation and is committed to meeting this critical program requirement. The company should have a concrete plan in place detailing how they intend to create these jobs and meet the requirements of the EB-5 program.

A company with strong leadership will have a detailed business plan that outlines how they will create jobs, and they should be able to provide periodic updates on the project’s progress in meeting these goals.

Meet EB5AN’s Key Team Members

Before you invest in an EB-5 project, it is essential to thoroughly vet the leadership team. Their experience, qualifications, reputation, financial stability, and commitment to job creation are all crucial factors that determine the success of your investment and your potential for receiving a Green Card.

Meet the following key members of the EB5AN senior team.

• Sam Silverman, co-founder and managing partner. Sam has extensive real estate development, management, financing, and brokerage experience in the United States and in the People’s Republic of China. Sam was also previously employed by the Boston Consulting Group, one of the top management consulting and business strategy firms, where he worked directly with Fortune 500 Companies in the food service, media, manufacturing, hospitality, and real estate spaces.

Sam regularly writes for Forbes Business Council and has lent his expertise to the Wall Street Journal on matters related to the EB-5 program.

He holds a B.A. in Economics from Yale University, a Certificate in Financial Accounting from the London School of Economics and Political Science, and an M.B.A. from the Stanford Graduate School of Business.

• Mike Schoenfeld, co-founder and managing partner. Mike has extensive private equity investment, business diligence, management consulting, and entrepreneurship experience. Previously, Mike worked for AEA Investors, a leading middle-market private equity firm with $10B+ under management that is focused on making control-oriented investments in consumer goods, industrial goods, and business services companies. Mike was also previously employed by the Boston Consulting Group.

Mike holds a B.A. in Economics and a B.S. in Business Administration from the University of North Carolina at Chapel Hill.

• Jake Hoyle, vice president. Jake has extensive experience in finance, consulting, and EB-5 project structuring. Before joining EB5AN, he worked in fixed-income sales and trading at Jefferies Group, a middle-market investment bank. Jake also was previously employed by Crédit Agricole, a large international banking group, where he worked in international trade finance.

Jake holds a B.A. in Economics with a concentration in Business Management from Columbia University.

• Ahmed Khan, Esq., vice president. Before joining EB5AN, Ahmed was an associate at several distinguished law firms, including Klasko Immigration Law Partners, BAL, and Fragomen. He also served as a vice president at CanAm Enterprises, leading the firm’s Middle Eastern and Asian business development.

Ahmed has a broad understanding of immigration law and more than a decade of experience in EB-5 matters, including project due diligence, project selection, and investor source of funds. He holds a J.D. from the University of South Carolina.

EB5AN has helped more than 2,300 families from 70+ countries become lawful permanent residents of the United States. Our expert team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

If you would like to know more about your EB-5 investment options, book a free call with our expert team today.

Targeted employment areas (TEAs) are designated regions in the U.S. with economic challenges.

They offer lower capital investment requirements and special visa benefits to encourage foreign investors while supporting the development of rural areas that need help the most.

This approach helps the U.S. balance its goal of attracting investments with its aim to promote growth and job creation in underprivileged regions.

In the EB-5 program, TEAs can focus on rural areas or regions with unemployment higher than the national average rate. These rural projects are appealing because they are more affordable and accessible.

However, many investors find it difficult to decide which type of TEA is right for them, as each comes with its own benefits and challenges.

In this article, we will explore the benefits of investing in high-unemployment TEA projects, also known as urban TEA investments. We’ll also explain how these projects align with U.S. residency goals and provide insights to guide your decision-making.

What Are High-Unemployment Targeted Employment Area Projects?

The EB-5 Reform and Integrity Act of 2022 (RIA) defines high-unemployment TEAs as areas with a population of at least 20,000, where the unemployment rate is at least 150% of the national average unemployment rate.

These criteria ensure that investments directly target communities (including areas within metropolitan statistical areas) as well as rural regions that need economic revitalization.

TEAs are designated based on unemployment data from reliable sources, such as a labor force employment measure or the Local Area Unemployment Statistics (LAUS) program.

Investors rely on governmental designation to access lower investment thresholds and set aside visa categories under the EB-5 program.

Most high-unemployment TEA projects are offered through the regional center program, which allows multiple investors to pool funds into large-scale developments.

These investments are made through a new commercial enterprise (NCE) located within the TEA, which is how the project qualifies for the lower $800,000 minimum investment and reserved visas.

Additionally, for your capital investment to qualify as an urban TEA investment, the EB-5 project you choose must be located in an area designated as a high-unemployment area at the time of your Form I-526E filing.

What Are the Advantages of EB-5 High-Unemployment TEA Projects?

High-unemployment targeted employment area projects offer several benefits that make them appealing to investors seeking U.S. permanent residency. Let’s consider them below:

• Reduced Investment Threshold: TEA projects require a minimum investment of $800,000, compared to $1,050,000 for non-TEA projects. This lower requirement makes the program more accessible to investors.
• Support for Struggling Communities: By investing in targeted employment area projects, investors contribute to the development of economically challenged areas in the U.S. while working toward their residency goals.
• Visa Allocation Advantage: The RIA reserves 32% of the annual EB-5 visa quota (about 10,000 visas) for TEA investments. Specifically, 10% of these are set aside for high-unemployment TEA projects, ensuring about 1,000 visas are available annually for urban TEA investors.
• Reduced Competition: With dedicated visa allocations for TEAs, investors have the opportunity to avoid the unreserved category backlogs. This advantage is particularly valuable for applicants from countries with visa retrogression in the traditional EB-5 category. However, recent backlogs in the high-unemployment TEA category are also expected to be reflected in the visa bulletin soon, which may significantly impact the EB-5 process of investors from high-demand countries like India and China.

Who Can Benefit From an Urban TEA Investment?

Investors From Low-Demand Countries

Immigrant investors from low-demand countries may benefit from EB-5 high-unemployment TEA projects, since they are not likely to face backlogs in this category anytime soon.

As these visas are specifically set aside, applicants from low-demand countries face minimal competition.

This helps applicants avoid visa retrogression and provides a more streamlined path to U.S. permanent residency, even though rural TEA investments have the exclusive benefit of priority processing.

Investors Already Residing in the U.S.

High-unemployment TEA investors who already reside in the U.S. may be eligible to concurrently file their EB-5 visa form, adjustment of status petition, and work and travel permits.

This means the additional waiting time involved in urban TEA projects may not significantly matter to these applicants, since they will be able to live and work in the U.S. with few limitations even before receiving their Green Cards.

What Are the Challenges of an EB-5 Urban TEA Investment?

Investing in EB-5 high-unemployment TEA projects comes with certain challenges that investors must carefully evaluate.

The main challenge is that Chinese and Indian EB-5 investors face significant challenges with Form I-526E backlogs due to the high demand for EB-5 visas from these countries.

The annual visa cap per country, combined with the large volume of applications, can create long processing delays. The backlog has been a regular issue for Indian and Chinese investors in the unreserved category, too, with wait times extending several years.

Aside from expected retrogression, urban TEA investors also don’t benefit from the United States Citizenship and Immigration Services (USCIS) priority processing principle reserved for rural TEA projects.

However, if you’re not an Indian or Chinese national and already reside in the U.S., you may be able to safely invest in a strong, low-risk EB-5 high-unemployment TEA project without any challenges.

Invest in an EB-5 Project With EB5AN

EB-5 high-unemployment TEA projects offer significant advantages to immigrant investors. These projects provide a reduced investment threshold, making U.S. residency more accessible while promoting economic growth in underserved areas.

However, potential challenges, such as looming backlogs in certain categories, highlight the importance of working with experienced professionals and staying informed about industry developments.

EB5AN stands out as a trusted partner for navigating the EB-5 program and selecting the right TEA project. For over a decade, EB5AN has received a 100% USCIS project approval rate, ensuring investors’ confidence and reliability.

Our team of qualified EB-5 professionals has helped countless investors successfully navigate the program. Schedule a free consultation with our team to discuss your permanent residency options in the U.S.

Many foreign nationals dream of moving to the United States because of its prosperity. The U.S. is notable for offering access to excellent education, career growth, and a safe, secure environment for families.

This reputation makes it appealing to those seeking new opportunities and stability.

The EB-5 Immigrant Investor Program is one way to make this dream come true. Foreign nationals can gain permanent resident status by investing in certain projects to start a new chapter of their lives.

But the program does more than offer investors Green Cards. It also allows them to grow their finances and plan a successful future in the U.S.

In this article, we will explore how the EB-5 program offers foreign nationals more than permanent Green Card status and residency.

What Is the EB-5 Immigrant Investor Program?

The EB-5 Immigrant Investor Program is a U.S. visa program that offers foreign nationals a chance to get a valid Green Card by investing in the American economy.

Created by the U.S. government in 1990, this program rewards investors and their close family members with permanent residency when they create jobs for American workers.

To qualify, you must invest at least $800,000 or $1,050,000, depending on where you choose.

Targeted employment areas (TEA) require a minimum of $800,000, while non-TEA projects require a minimum investment of $1,050,000. Additionally, this investment must create at least 10 full-time jobs for U.S. workers.

Unlike other visa routes, the EB-5 program doesn’t require a sponsor and allows green card holders to sponsor family members as part of their application.

The program is open to investors, their spouses, and unmarried children under 21, all of whom can become permanent Green Card holders.

This allows all family members to live, work, and study anywhere in the U.S. and provides a pathway to U.S. citizenship after five years of permanent residency.

EB-5 as a Solution to Immigration Restrictions

The EB-5 visa offers a unique solution to the various immigration restrictions foreign nationals face in the U.S. You do not need to go through the traditional pathways of relying on employer petitions, family sponsorships, or complex lottery systems to obtain permanent residency.

The EB-5 program provides a direct path for obtaining a permanent resident card through investment.

EB-5 regional centers play a vital role in resolving immigration restrictions for foreign nationals. These U.S.-approved organizations manage investment projects on behalf of investors, combine funds from multiple investors, and handle job creation requirements.

They also manage the jobs and economic activity, making the process less stressful for you by removing the need to prove job creation and several other factors.

Upon fulfilling the EB-5 program requirements, you and your family members will have access to all of the immigration and Green Card benefits the U.S. has to offer.

Your partner and unmarried children under 21 can join you as U.S. citizens, gaining access to quality education, government sponsored financial aid, healthcare, and career options.

After five years as a Green Card holder, you may apply for permanent resident status, offering long-term security and freedom to travel internationally.

5 Extra Benefits of the EB-5 Program

Beyond changing your immigration status, the EB-5 program provides opportunities to diversify investments and secure a future in the U.S. This makes it a popular choice for those seeking better education and career opportunities for their families.

Below, we will list the benefits of the EB-5 investment program beyond the Green Card.

1. Financial Benefits of EB-5

The EB-5 program offers investors an opportunity to diversify their financial portfolios and tap into stable, high-potential economic opportunities in the United States. TEA projects provide lower investment thresholds and the potential for a 100% repayment of your investment capital.

Additionally, these investments often contribute to long-term wealth growth by connecting investors to one of the world’s largest and most dynamic markets.

Your family members also get indirect financial benefits, such as access to affordable education and reduced living costs compared to some other immigration routes.

This combination of direct and indirect financial advantages makes EB-5 an attractive option for prospective U.S. citizens seeking residency and economic growth.

2. Security and Long-Term Planning

The EB-5 visa guarantees stability for foreign nationals and their families, allowing them to settle in the U.S. long-term. It offers investors leaving countries with political or economic instability a chance to build a safe, stable future in one of the world’s most prosperous nations.

Becoming a lawful permanent resident ensures your family can confidently settle in the U.S., free from the uncertainty of temporary visas or shifting immigration policies.

As permanent U.S. citizens, you can also get social security benefits when you retire, and your investments can keep growing to support your family’s future.

This security allows you to focus on building the life you want in the U.S. rather than worrying about visa renewals or work permit issues.

3. Access to World-Class Healthcare

Having the EB-5 Green Card means you and your family can use the country’s best hospitals and medical care whenever you need them.

The Green Card provides access to top-quality healthcare and experienced doctors for regular check-ups, special treatments, or emergency care. You can also join Medicare when you’re older, which helps settle your healthcare costs during retirement.

4. Better Work Opportunities

The EB-5 Green Card unlocks a wide range of work opportunities in the U.S., allowing foreign nationals to pursue careers without restrictions on job type or location.

With access to high-demand industries like technology, healthcare, and finance, you can thrive in diverse roles, either traditional or remote.

Beyond employment, the EB-5 visa also supports entrepreneurial ambitions. Investors with lawful permanent resident status can establish businesses in sectors like hospitality, retail, or e-commerce, among many others.

5. Unrestricted and More Affordable Education

With an EB-5 Green Card, your children can study at top-class institutions, from elementary school through university, without visa problems.

As U.S. citizens, they can access scholarships, grants, financial aid, and in-state tuition rates at public universities, which are lower than international student rates.

Foreign nationals with a valid Green Card seeking admission to a college or university may fall under the “domestic candidates” category. This category gives them higher chances of admission, particularly at schools with limited spots for international students.

Green Card holders qualify for a wider range of opportunities compared to non-resident international applicants.

Join Thousands of Green Card Holders: Start Your Green Card Journey Today With EB5AN

EB-5 investment is a unique opportunity to align your financial goals with the chance to build a stable, prosperous future in the U.S., including the ability to sponsor family for permanent residency.

From accessing world-class education and career opportunities to diversifying investments in one of the world’s most dynamic economies, the EB-5 program opens doors to countless possibilities.

However, navigating the EB-5 process requires expertise and strategic decision-making. That’s where EB5AN can make the difference.

With a portfolio of high-quality projects and a proven track record of a 100% USCIS project approval rate, EB5AN can help you make your dream move to the U.S. a reality.

Take the first step today and schedule a meeting with our team of qualified EB-5 professionals.

The EB-5 Immigrant Investor Program is one of the most sought-after immigration routes for foreign nationals looking to obtain lawful permanent resident status in the United States.

After a period of waiting, receiving your EB-5 Green Card can feel like a major milestone. However, this is only the beginning of your journey to becoming a permanent resident.

So, what exactly happens after you receive your EB-5 Green Card? In this article, we will outline the essential steps and things to know once you obtain permanent residency status through the EB-5 program.

The Transition to Conditional Permanent Residency

Upon receiving your EB-5 Green Card, you are granted what is called “conditional permanent residency.” During this time, you and your family members (spouse and unmarried children under 21) can live, work, and study in the U.S. without restrictions, but you must meet certain obligations for your status to transition to unconditional permanent residency.

The Process to Remove Conditional Permanent Residence

When you first receive your EB-5 Green Card, it is valid for only two years. This conditional residency period is tied to your EB-5 investment.

The U.S. government requires an EB-5 immigrant investor to demonstrate that their investment has created or is in the process of creating the required number of jobs.

This is typically 10 full-time U.S. workers per investor. The conditional status ensures that your investment is genuine and that you are actively contributing to the U.S. economy through job creation.

During these two years, you are expected to live in the U.S. for the majority of the time, engage in lawful employment if applicable, and follow U.S. laws. At the end of this period, you must apply to remove the conditions on your Green Card.

If you have met all the requirements, your conditional resident status will be converted to permanent, unconditional residency.

The Process to Remove Conditions

Approximately 90 days before your conditional permanent residency expires, you must file a petition to remove the conditions from your Green Card. This is done by submitting Form I-829, the “Petition by Investor to Remove Conditions on Permanent Resident Status.”

The United States Citizenship and Immigration Services (USCIS) will review the petition to determine if your EB-5 investment has fulfilled the requirements.

Make sure you submit Form I-829 before the expiration date on your conditional Green Card. Failure to do so could lead to a loss of your legal status in the U.S.

You will need to provide evidence showing that a new commercial enterprise was established, the requisite capital was invested and remained “at risk” for at least two years, and your investment has created at least 10 jobs. This could include financial records, tax documents, payroll records, and proof of the business’s operational status.

If USCIS approves your petition, you will be granted permanent residence status, and you will receive a 10-year Green Card, which can be renewed indefinitely as long as you continue to meet residency requirements.

What Happens if Your Petition Is Denied?

In some cases, USCIS may deny your I-829 petition. This could happen if there is insufficient evidence that the required jobs were created, or if there are concerns about your investment. If your petition is denied, you may eventually lose your permanent resident status, and be required to leave the United States.

However, if you are facing a denial, it is essential to work with an experienced immigration attorney. You may be able to appeal the decision or submit additional evidence to support your case. The outcome will largely depend on the specifics of your situation and the documentation you can provide.

Rights as an EB-5 Green Card Holder

Once your conditions are removed and you receive your permanent Green Card, this grants you many rights and responsibilities. These include:

• Live and Work Anywhere in the U.S.: You can live, work, and travel freely within the U.S. There are no restrictions on where you can reside or what type of employment you can pursue.
• Access to Healthcare and Social Services: With permanent resident status, you are eligible for government programs like Social Security, Medicaid, and Medicare (after meeting certain qualifications).
• Travel Flexibility: While you are no longer bound by the conditional residency status, you can still travel abroad. However, it is important to ensure that you do not remain outside the U.S. for extended periods.

Path to U.S. Citizenship

One of the major advantages of the EB-5 program is that it provides a path to U.S. citizenship. After holding your permanent resident status for five years (which includes the initial two years of conditional residency), you can apply for U.S. citizenship through naturalization.

To be eligible for naturalization, you must meet certain requirements. Some of them are listed below:

• Continuous Residency: You must have lived in the U.S. for at least five years as a permanent resident, and you should not have spent too much time abroad during that period.
• Physical Presence: You must have been physically present in the U.S. for at least half of the five years.
• Good Moral Character: You need to demonstrate good moral character, which means adhering to U.S. laws and regulations during your time as a resident.

Once you meet all of the qualifications, you can apply for naturalization by filing Form N-400, attending an interview, and passing a U.S. citizenship test.

Family Members and the EB-5 Process

If your spouse and children under 21 were included in your EB-5 application, they will also receive Green Cards along with you. After the conditions on your Green Card are removed, they will also be granted permanent resident status.

They will be eligible to apply for citizenship as well, provided they meet the necessary criteria.

It’s important to note that each family member must independently meet the residency requirements for naturalization, which includes maintaining their permanent residence in the U.S. and fulfilling other criteria like physical presence.

Start Your Green Card Process With EB5AN

Receiving your EB5 conditional Green Card is a significant step toward establishing yourself and your family in the United States.

However, it is essential to understand the responsibilities that come with this status, including maintaining your investment, meeting job creation requirements for a new commercial enterprise, and following U.S. immigration laws.

EB5AN has helped more than 2,300 families from 70+ countries relocate to the United States as lawful permanent residents.

Our expert team has more than a decade of experience and offers clients first-rate, low-risk EB-5 regional center projects with a 100% USCIS project approval rate.

If you would like to know more about your EB-5 investment options, book a free call with our expert team today.

Education is one of the most important investments families make because it paves the way for better job opportunities and a higher standard of living.

The U.S. educational system, in particular, is highly desirable because students have a wide range of courses to choose from. Unlike other countries where career options may be limited, this diversity allows students in the U.S. to find career paths that match their unique interests.

For international families seeking high-quality education and permanent resident status, the EB-5 visa program may be a more suitable option than typical student visas.

To begin with, an EB-5 Green Card offers direct access to many benefits reserved for U.S. citizens.

This includes eligibility for in-state tuition and access to scholarships and grants. Unlike temporary visa holders, EB-5 Green Card holders can live and work freely in the U.S. after completing their degrees.

Keep reading as we discuss the educational benefits of obtaining an EB-5 Green Card in this article.

How Does an EB-5 Green Card Improve Access to the U.S. Educational System?

One of the advantages of the EB-5 visa program is that you become a lawful permanent resident in the U.S., enjoying many educational benefits similar to U.S. citizens.

This change in the applicant’s immigration status reduces competition with international students while increasing your chances of studying in the U.S.

EB-5 Green Card holders also gain access to resources often unavailable to international students. These include certain honors programs, advanced placement courses, federal student loans, and extracurricular activities that strengthen college applications.

With these resources, foreign students can build a strong academic foundation, excel at leading universities, land their dream jobs, and improve their standards of living.

What Are the Cost Benefits of an EB-5 Green Card?

One of the significant benefits of an EB-5 Green Card is the cost savings on education for legal permanent residents. Below, we’ll explain the educational cost benefits of an EB-5 Green Card and the advantages it provides over non-Green Card holders.

In-State Tuition

Foreign nationals with an EB-5 Green Card may have access to in-state tuition rates at public universities. For example, the University of Florida charges $6,380 per year for in-state tuition compared to $28,658 for out-of-state students—a savings of over $22,000 annually.

Discounted tuition rates are also available at other top schools like UCLA and the University of Michigan. These reduced costs make higher education more affordable for Green Card holders and low income families resident in the state.

Financial Aid

Permanent residents and their kids are eligible for some federal student aid programs, including grants, scholarships, and low-interest federal loans.

Such financial aid programs can provide significant cash assistance for qualified students based on their financial needs and their family’s ability to contribute to their tuition.

No Visa Maintenance Fees

As a Green Card holder studying in the U.S., you avoid the recurring costs associated with temporary student visas. This includes renewal fees, SEVIS fees, and travel expenses for visa-related appointments.

Individuals with permanent resident status don’t need to update their visa status or get extra permissions for internships or jobs like international students do. This saves them time, money, and hassle while giving them uninterrupted residency and work privileges.

Such a streamlined status significantly reduces the financial burden throughout your academic journey in the U.S.

Better Employment Opportunities During and After Studies

Undergraduate foreign nationals with an EB-5 Green Card are allowed to work off-campus, unlike international students who are restricted to on-campus jobs. Students can take part-time or full-time roles that fit their schedules and financial needs.

This co-ed option helps students enjoy lower living costs because they get to earn and offset expenses while studying.

Unlike the H-1B pathway, after school, EB-5 Green Card holders have the freedom to find well-paying jobs that are not restricted to a particular employer.

After acquiring degrees from the best American universities, they can explore roles in various industries or even start their own businesses. This flexibility makes it easier for EB-5 Green Card holders to build successful and fulfilling careers.

Domestic Student Status

Many public universities cap international student admissions, creating intense competition and higher application costs for international applicants.

However, EB-5 Green Card holders can be classified as domestic students, avoiding these quotas and reducing application expenses.

This not only improves your chances of acceptance at top U.S. schools but also makes the application process more affordable for Green Card holders.

What Are the Long-Term Educational Advantages of an EB-5 Green Card?

The EB-5 Green Card offers lasting educational benefits for family members across generations. By providing access to the best academic resources, this investment places you on the path to financial security and long-term prosperity. Here are some ways EB-5 Green Card benefits go beyond education to create a brighter future.

Broader Educational Choices

With an EB-5 Green Card, foreign nationals have clear access to competitive programs like law, medicine, and STEM fields, where many universities impose strict rules for non-U.S. students.

This freedom allows students to explore their passions and choose fulfilling career paths that align with their strengths.

The diverse career options in U.S. schools let parents ensure their children’s long-term success, setting them on a path to excellence in their chosen fields.

Lifelong Alumni and Networking Benefits

By attending a U.S. institution, Green Card holders have access to alumni networks that are invaluable for long-term career advancement. These alumni relations offer access to mentorship, career opportunities, and global collaborations long after graduation.

Such ties to professional organizations and mentorship opportunities enhance career prospects and personal growth throughout life.

Cultural and Career Integration

Another educational benefit of living in the U.S. as an EB-5 Green Card holder is cultural and career integration. By participating fully in academics and extracurricular activities, the U.S. education system helps foreign national students develop the skills needed to blend into the U.S. and global workforce easily.

During their college years, Green Card holders can connect with professors, peers, and industry professionals through career fairs, internships, and other mentorship programs.

These connections lead to job offers, opportunities, and collaborations that support long-term career growth.

Pathway to U.S. Citizenship

Family members with an EB-5 Green Card have a clear path to U.S. citizenship by naturalization.

After five years of residency, including the two years of conditional residency, EB-5 Green Card holders can apply to change their immigration status for citizenship by naturalization.

Gaining citizenship status provides additional public benefits, such as voting rights, a U.S. passport, a private health insurance marketplace, and the ability to apply for certain social security benefits and federal jobs.

Generational Advantage

The benefits of an EB-5 Green Card extend to future generations. Family members gain access to world-class education and career opportunities, creating a lasting legacy.

Children and grandchildren also grow up in a secure and supportive environment, prepared to thrive in any field of their choosing. This multi-generational impact makes the EB-5 program a life-changing investment.

Begin Your Path to Educational Success With EB5AN

By obtaining permanent residency through the EB-5 program, you can access exceptional education, pursue fulfilling careers, and live life on your terms.

Whether you plan to settle in a bustling city or work remotely, the EB-5 program offers a viable option for foreign nationals seeking education in the U.S.

At EB5AN, we help EB-5 applicants navigate this journey with confidence and ease. As a trusted EB-5 firm, we bring over a decade of experience and an unmatched track record of success.

Take the first step toward securing your family’s future by scheduling a free consultation today.

Getting high-quality healthcare in the U.S. can feel out of reach for many foreign nationals, even though the country is known for its advanced medical care and treatments.

Issues like visa limits and a lack of health insurance options often leave non-residents struggling to find a way to access reliable healthcare.

The EB-5 Immigrant Investor Program offers a practical solution. By investing in the program, you and your family can gain permanent residency, which means access to mostly the same healthcare insurance and benefits as U.S. citizens, far more than just basic medical care.

With the EB-5 visa, you can choose from private insurance plans without restrictions and even qualify for Medicare later in life for pre-existing condition coverage.

These are options that most temporary visas don’t offer. For families prioritizing health and medical security, this program can be a game-changer.

In this article, we’ll break down the health coverage benefits you can enjoy as an EB-5 Green Card holder.

Understanding the U.S. Healthcare System

The U.S. healthcare system comprises private and public providers, insurance companies, and healthcare facilities that deliver advanced medical services.

The government runs programs like Medicare for seniors and Medicaid for low-income individuals, while private insurance companies and healthcare providers handle the rest.

Health insurance plays a critical role in the U.S. Without it, the out of pocket costs of medical procedures, routine check-ups, or emergencies can be extremely high.

For U.S. citizens and Green Card holders, there are many health insurance options available through employers, private plans, or government programs.

However, people without Green Cards often encounter a very different situation. Their status may block access to government healthcare programs and health insurance marketplace subsidies.

Many private insurers either deny health insurance coverage or offer limited options at higher costs, making it much harder to get affordable care.

How the EB-5 Green Card Provides Access to Healthcare in the U.S.

The EB-5 Green Card grants permanent residency status to investors and their families. With this status, they can access full healthcare and medical treatment without the restrictions that temporary visa holders often face when trying to get medical care or insurance.

As Green Card holders, investors become eligible for domestic health insurance options, including both private and employer-sponsored plans.

This insurance for Green Card holders typically offers more comprehensive coverage than an international health insurance plan.

They can choose from a variety of insurance providers, compare options, and pick the health insurance plan that works best for them without worrying about their immigration status.

Advantages of the EB-5 Green Card for Accessing Medical Insurance and Healthcare in the U.S.

The EB-5 Immigrant Investor Program is a pathway for investors who desire access to healthcare in the U.S. Let’s consider some of the advantages of the EB-5 Green Card in this context.

1. Unrestricted Access to Comprehensive Health Insurance Options

EB-5 Green Card holders gain immediate eligibility for insurance plans available to U.S. residents. They can access private health insurance marketplaces, employer-sponsored plans, and state marketplaces without immigration-related restrictions.

This flexibility allows families to purchase health insurance coverage that meets their healthcare needs and budget.

For those employed, employer sponsored health insurance plans provide access to affordable healthcare services at subsidized rates. Green Card holders can also explore ACA marketplace plans for comprehensive independent coverage.

Otherwise, they can select tailored options from private insurance markets to suit specific healthcare preferences.

2. Eligibility for Medicare

Another crucial advantage of the EB-5 Green Card is that it qualifies certain holders for Medicare, Children’s Health Insurance Program (CHIP), and Medicaid. In addition to getting the EB-5 Green Card, these foreign nationals must meet certain requirements.

Medicare is a government program for individuals aged 65 and older. To qualify, EB-5 Green Card holders must have lived in the U.S. for at least five continuous years.

Once eligible, they gain access to Medicare services like medical insurance, preventive care, and prescription drug coverage, offering vital healthcare security during retirement or for pre-existing conditions.

3. Easy Access to Emergency Services

The EB-5 Green Card simplifies access to emergency medical care. Foreign nationals can receive prompt medical attention and treatment without immigration-related concerns.

This protection also extends to family members in the EB-5 petition, providing a feeling of peace and relief for covering unexpected medical expenses during medical emergencies.

4. Freedom to Relocate for Medical Care

The EB-5 Green Card allows holders to live anywhere in the U.S., offering the flexibility to choose a location based on healthcare needs, including access to plans that cover pre-existing conditions, dental and vision coverage, and mental health services.

Unlike temporary visa holders who may face restrictions tied to employment, EB-5 Green Card holders can relocate permanently or temporarily to access specialized care without limitations.

This flexibility is particularly valuable for those seeking treatment at leading medical institutions like the Mayo Clinic in Minnesota, Johns Hopkins in Maryland, or the Cleveland Clinic in Ohio.

With a Green Card, you can align your place of residence with the best healthcare options for your family, ensuring access to top-tier medical facilities when it matters most.

EB-5 Green Card Is Your Key to World-Class Healthcare

The EB-5 Green Card is a gateway to comprehensive healthcare security in the U.S. It offers unmatched benefits that temporary visas, such as H-1B or E-2 cannot provide, ensuring that quality medical care and health insurance coverage remain accessible whenever you need it.

It’s also advisable to consult an EB-5 industry expert for guidance and clarification on the EB-5 petition process. The EB5AN team has helped over 2,300 investors get their Green Cards and the associated healthcare benefits.

Schedule a one-on-one call with our EB-5 team today to get professional help in securing your Green Card.

The EB-5 Immigrant Investor Program is a great way to achieve U.S. residency. However, long delays in processing can leave “unreserved” category investors frustrated and uncertain. Even after meeting all the requirements and making significant investments, many pre-RIA EB-5 petitioners wait years for the United States Citizenship and Immigration Services (USCIS) to make a decision.

When emails go unanswered and case status updates don’t change, some investors consider filing a mandamus action. However, this legal option isn’t a quick fix or a guaranteed way to speed up approvals. Instead, a mandamus action is a specific legal tool that requires a good understanding of immigration law and how the Administrative Procedure Act works.

In this article, we’ll clear up the confusion about mandamus actions. We’ll also explain what this legal option can and cannot do for your EB-5 case, when it might be a good idea to file one, and what you should expect from the process.

What Is a Mandamus Action?

A mandamus action is a type of federal lawsuit where someone asks a court to make a government agency or official complete a specific, legally required task. In EB-5 cases, this means asking the court to require USCIS to process a pending petition, such as an I-526E or I-829.

The goal of a mandamus action is not to change the outcome of your case but to push the immigration agency to act. It is based on the idea that USCIS must handle applications within a reasonable time, whether they approve or deny them. If this obligation is not met, applicants can ask the court to step in and address the delay.

Is a Mandamus Action the Same as a Complaint of Unreasonable Delay?

A mandamus action and an Administrative Procedure Act (APA) unreasonable delay complaint are quite similar. Think of it as using two different keys to unlock the same door. They’re both ways to tell a federal judge to compel USCIS to do their job. However, they are different legal actions.

An APA complaint shows that the investor has a right to relief, and USCIS must act on the case. A mandamus action, on the other hand, forces USCIS to make a decision within a reasonable time. While a mandamus action pushes a government official to do their job, an APA complaint says the agency is unlawfully delaying action, which violates APA rules.

While both options can overlap, which one to choose depends on your case and legal strategy.

Common Misconceptions About Mandamus Actions

Several misconceptions can lead applicants to misunderstand the purpose of mandamus actions, leading to potential risks. Here are some of the most common myths and the facts that debunk them.

1. A Mandamus Action Guarantees Approval of a Pending EB-5 Case

Many believe that filing a mandamus action will automatically result in the approval of their petition. This is false, as it only compels the government to take action on a case. A mandamus action does not dictate the outcome of the case.

Approval remains subject to the agency’s discretion. If the underlying petition lacks merit or required documentation, USCIS may still issue a denial.

2. Mandamus Actions Expedite EB-5 Processes Overall

The belief that filing a mandamus action accelerates the EB-5 petition and Green Card approval process is false. Instead, it only addresses specific processing delays, such as I-829 adjudications. USCIS must still follow due process.

3. Mandamus Actions Are Only for Applicants Waiting for Extreme Delays

Many EB-5 investors assume their petition would not warrant a mandamus action if USCIS hasn’t delayed their petition for years. While very long delays strengthen a mandamus case, any unreasonable delay beyond typical processing times can justify legal action. For example, if USCIS exceeds the published processing time for an I-526E or I-829 petition without explanation, it may qualify as “unreasonable.”

4. EB-5 Mandamus Lawsuits Are Always Successful

The government can always fight a mandamus lawsuit. Hence, there’s no guarantee that the action will be successful. Typically, the success of a mandamus action depends on the length of the delay, the reasons for the delay, the specific facts of the case, and the legal arguments.

While there’s no guarantee that a mandamus lawsuit will succeed, investors can improve their chances by preparing a strong complaint that shows the delay is unreasonable. Choosing the right EB-5 attorney is also key to success.

5. USCIS Will Deny Your EB-5 Petition in Retaliation When You File a Mandamus Lawsuit

EB-5 applicants often fear that suing USCIS will negatively impact their case. This opinion is false, as USCIS wouldn’t deny a petition because of a mandamus action.

Instead, what happens is that the mandamus lawsuit forces USCIS to process your EB-5 petition. They may proceed to issue an RFE or NOID if they find any discrepancies. But they will not outright deny your petition due to filing a mandamus lawsuit.

6. You Can Only File a Mandamus Action for a Delayed I-829 Petition

USCIS will most likely respond faster to a mandamus action filed for a delayed I-829 petition. But it doesn’t mean you cannot file a mandamus action for a delayed I-526E petition. Your action can gain more ground if USCIS has been processing petitions with later priority dates.

7. Mandamus Actions Are too Expensive and Lengthy

Some EB-5 investors assume that the cost and timeline of filing a mandamus action outweigh the benefits. However, the truth is that agencies prefer to resolve mandamus actions in EB-5 cases quickly to avoid prolonged litigation. While there are legal fees involved, they may be considered generally manageable compared to the financial and emotional costs of indefinite delays.

When Are Mandamus Actions Appropriate in EB-5 Cases?

EB-5 applicants must carefully consider the timing and details of their case before choosing a mandamus action to push USCIS to decide on delayed petitions. Knowing when a mandamus action is the right choice can help applicants make smarter decisions.

You can file a writ of mandamus when:

• Your petition processing has been unreasonably delayed without communication from USCIS.
• You have exhausted other administrative remedies.
• You can show that USCIS’s delay is causing you significant harm or hardship. This could be substantial personal stress, financial losses, or other problems.

Alternatives to Mandamus Actions

EB-5 applicants have other options to consider before filing a mandamus action for delays in their petition processing. These alternatives could help resolve delays without going to court, saving both time and money. Some of these options include:

1. Case Inquiries With USCIS

EB-5 applicants can directly contact USCIS to inquire about the status of their case when the petition goes beyond the normal processing times. The agency’s website has the “Case Status Online” tool that allows applicants to submit their questions or inquiries. While responses can sometimes be generic, persistent follow-ups may lead to meaningful updates or actions.

2. Contacting the Ombudsman

The Office of the Citizenship and Immigration Services Ombudsman assists EB-5 applicants experiencing delays or problems with USCIS. The Ombudsman serves as an independent intermediary and can escalate cases that involve unreasonable delays or errors. Filing a request for help through this office is often an effective way to prompt USCIS to review the case.

3. Engaging With the Regional Center or Project Sponsor

EB-5 investors participating in a regional center project can get valuable insight or assistance from working with the project sponsor or regional center itself. Regional centers often have experience navigating the EB-5 process and may be able to provide guidance or advocate on behalf of the investor.

Increase Your Chances of Success by Investing in a Low-Risk EB-5 Project

Processing delays shouldn’t be the end of your EB-5 journey. While mandamus actions offer one solution, they’re most effective as part of a comprehensive strategy that considers all available options. So, understanding when and how to use mandamus actions can help protect both your investment and immigration goals.

The most strategic path often begins with smart investment choices. Projects with strong track records of timely approvals can significantly impact your timeline.

Working with a reputable EB-5 firm like EB5AN can also streamline your journey. Our team specializes in guiding investors through every step of the way.

Book a one-on-one call with our EB-5 team today for more information about the EB-5 process and our projects.

For many professionals, including H-1B visa holders and remote workers, the pressure to return to the office can feel overwhelming. Visa restrictions and employer demands often limit flexibility, making it harder to enjoy the freedom to work from anywhere.

The good news is that there’s a way out that does not depend on employers or possessing exceptional skills. Through the EB-5 program, you can secure permanent residency in the United States by making a qualifying investment. When followed correctly, the EB-5 visa process provides a pathway to obtaining a Green Card, relieving foreign nationals of strict visa rules or employer restrictions.

In this article, we’ll explain how the EB-5 program can open doors to remote work freedom and lifestyle flexibility.

Remote Work in the U.S.

The U.S. is an attractive place to reside for many reasons, including the country’s economic prosperity as well as its reliable education and healthcare systems. Additionally, America is widely known for being remote work friendly, providing numerous opportunities in industries such as technology and finance.

A recent report by Statista revealed that the technology sector has the highest share of remote employees globally, with 67.8% of its workforce working fully or mostly remotely. At the same time, a separate report by U.S. News ranks the U.S. as the fourth global leader in technology, showing the country’s prominent role in the tech industry.

Together, these reports highlight the U.S. as a prime location for individuals looking for remote roles. Home to companies such as Google, Apple, and Meta, the U.S. offers vast work opportunities in tech and other sectors, making the country a hub for professionals seeking remote careers.

Accessing these opportunities can be challenging without permanent residency, but the EB-5 visa program provides a path to a Green Card. Through a qualifying investment, individuals can gain the flexibility to live and work in the U.S., taking full advantage of its thriving industries.

What Is the EB-5 Immigrant Investor Program About?

The EB-5 visa program is a U.S. immigration option that rewards foreign nationals with permanent residency for investing in the U.S. economy. The investment must meet certain standards and fulfill specific requirements before applicants and their families are rewarded with Green Cards.

A qualifying investment involves a minimum amount of $800,000 in a new commercial enterprise (NCE) located in a targeted employment area (TEA). TEAs are essentially high-unemployment or rural regions that the U.S. government seeks to develop. For investments outside of TEAs, the minimum required amount increases to $1,050,000. But regardless of your investment location, your contribution must create at least 10 full-time jobs for U.S. workers.

There are two main ways to invest through the EB-5 program: direct investments and regional center investments. A direct investment typically involves starting and actively managing your own investment project. This option provides more control over the project but requires hands-on involvement with increased risks.

On the other hand, regional center investments allow you to contribute to pre-approved projects managed by a USCIS-approved regional center. Regional centers can pool investments from multiple participants and handle almost all aspects of your investment for you. Job creation requirements for regional center investments are also easier to meet.

The EB-5 Visa Process

While the EB-5 journey requires careful planning and patience, each step brings you closer to the freedom to live, work, and thrive in the U.S. Here’s a breakdown of the process.

Preparing Your EB-5 Petition

After selecting a promising investment project that complies with the EB-5 requirements, the next step is to submit Form I-526E to United States Citizenship and Immigration Services (USCIS). This petition proves your eligibility and includes key documentation like evidence of a lawful source of funds, proof of investment, and project job creation plans.

Partnering with qualified EB-5 professionals can ensure that your petition is complete and submitted accurately.

USCIS Review and Conditional Residency

Once your I-526E petition is approved, the next step is to obtain conditional permanent residency. Applicants outside the U.S. will attend a visa interview at a U.S. consulate. This stage grants you and your family conditional Green Cards, allowing you to live and work in the U.S. for two years while the goals for the investment are met.

If you’re already in the U.S.—for instance, H-1B visa holders—you can adjust your status by filing Form I-485 along with your Form I-526E. This concurrent filing opportunity allows applicants to remain in the U.S. under “pending adjustment” status. This means they do not need to fear deportation, even if they become unemployed or their temporary visa status expires. These investors can also apply for work and travel permits at the same time and enjoy most of the benefits of a U.S. Green Card while waiting for approval.

Creating Jobs and Sustaining Investment

During the two-year conditional residency, the project must fulfill the EB-5 requirements. Most regional centers will monitor progress and provide updates to ensure compliance. This phase is critical for removing the conditions on your residency.

Removing Conditions and Gaining Permanent Residency

Before the conditional Green Card expires, applicants are to file Form I-829 to request the removal of conditions. This petition confirms that your investment remained active and met the job creation requirements. Once approved, applicants become permanent residents with the freedom to live, work, and enjoy all the benefits of life in the United States. Those who invested in successful EB-5 projects can also get all of their investment capital back.

Obtaining Citizenship

After five years as a permanent resident, EB-5 visa holders can apply for U.S. citizenship through naturalization by meeting physical presence, moral character, and civics test requirements. The initial two years of conditional residency also count toward this.

Fast Track Your Green Card With Priority Processing and Set-Aside Visas

It is true that the EB-5 visa program used to put applicants through prolonged waiting times and visa backlogs, which can make the journey to U.S. residency challenging. Thankfully, the new provisions under the EB-5 Reform and Integrity Act (RIA) offer a way out by introducing reserved visas to fast-track the process and reduce these challenges.

The RIA reserves 20% of visa quotas for rural area projects, 10% for high-unemployment areas, and 2% for infrastructure projects. These set-aside visas allow investors (in the U.S. and abroad) in these categories to avoid competition with applicants in oversubscribed visa pools, offering a clearer and faster path to U.S. residency.

With these new provisions enacted in 2022, investors can now speed up their Green Card applications while contributing to rural projects to benefit from priority processing.

Achieve Your Work-From-Home Dreams With EB5AN

The EB-5 program offers unique advantages that set it apart from other U.S. visa options, particularly when it comes to long-term flexibility and independence. Unlike many work visas that tie individuals to specific employers or job locations, the EB-5 program grants Green Card holders complete freedom to work, live, or start a business anywhere in the U.S.

As a trusted EB-5 firm, EB5AN brings over a decade of experience and an excellent track record to help you succeed. With a 100% USCIS project approval rate, a team of qualified EB-5 professionals, and countless success stories, we provide the expertise and guidance you need to navigate the EB-5 process.

Schedule a free consultation with our team today to start enjoying work flexibility in the U.S. through an EB-5 Green Card.