Author Archives: admin

Free EB-5 Project Evaluation

Understanding the EB-5 Repayment Timeline

A person measuring time with an hourglass beside coins and paperwork, symbolizing EB5 investors waiting for project repayment and financial returns.

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

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

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

Understanding the Flow of EB-5 Funds

Close-up of the US flag over one hundred dollar bills, representing EB5 investment funds and American residency opportunities.

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

1. Your Initial Contribution

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

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

2. The New Commercial Enterprise (NCE)

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

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

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

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

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

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

4. Repayment of EB-5 Funds

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

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

5. Exit Strategies for Investors

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

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

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

The Two-Year Minimum Sustainment Period

Digital illustration with scales of justice, dollar icons, and text reading “2 years,” representing the EB5 two year sustainment period under USCIS policy.

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

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

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

The IIUSA Lawsuit and Policy Update

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

What Determines When Investors Are Repaid?

Investor putting cash into his jacket pocket, symbolizing the successful repayment of EB5 capital after project completion.

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

1. The EB-5 Project’s Financial Performance

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

2. The JCE–NCE Agreement

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

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

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

3. The NCE–Investor Agreement

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

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

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

How the EB-5 Redemption Process Works

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

1. Sign the Redemption Agreement

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

2. Confirm the Effective Date

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

3. Execute the Redemption

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

4. Final Warranties and Releases

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

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

Why Repayment Timing Varies Across EB-5 Projects

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

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

Secure Timely EB-5 Repayment With EB5AN

Hands exchanging hundred dollar bills beside a miniature house, illustrating EB5 fund repayment and real estate project financing.

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

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

Free EB-5 Project Evaluation

Do You Need to Actively Manage a Business to Qualify for an EB-5 Visa?

Smiling professional investor speaking on the phone, representing EB5 applicants managing their investment with minimal involvement through regional center support.

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

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

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

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

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

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

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

Why Most Investors Prefer the Passive Role

Relaxed businessman leaning back at his desk with laptop and coffee, symbolizing the ease and freedom of a passive EB5 investment managed by a regional center.

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

1. Less Complexity

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

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

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

3. Minimal Restriction Relative to Your Location

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

4. More Time to Focus on Your Business Interests

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

How Regional Centers Make Passive Investment Work

Two business professionals reviewing charts and counting coins at a conference table, illustrating EB5 regional center teams managing pooled investor funds and job creation requirements.

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

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

Find Low-Risk Regional Center Projects With EB5AN

Confident young woman walking in a modern city with coffee and phone, reflecting EB5 investors enjoying mobility and flexibility while their regional center investment works toward Green Card goals.

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

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

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

Free EB-5 Project Evaluation

How EB-5 Project Success Affects Your Chances for Green Card Approval

U.S. Green Cards, approval and rejection stamps, and an American flag symbolizing EB5 investors navigating project success and immigration outcomes.

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

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

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

An Overview of the EB-5 Investment Process

EB5 investor holding an American flag in a field alongside stacks of coins and dollar bills, representing capital investment and a path to U.S. residency.

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

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

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

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

Key Factors About a Project That Determine Your Immigration Success

Red location marker on construction blueprints with cranes in the background, reflecting EB5 project development and job creation in targeted employment areas.

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

Job Creation Plans

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

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

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

Adherence to the Sustainment Period and “At Risk” Rule

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

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

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

Does Project Failure Affect My Visa Status?

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

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

Conducting Due Diligence Before You Invest

Investors reviewing project documents and agreements at a desk, highlighting EB5 due diligence and compliance with USCIS requirements.

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

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

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

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

Increase Your Chances of Immigration Success With EB5AN

Confident EB5 investor standing in front of a construction site at sunset, symbolizing job creation, immigration success, and long-term residency goals.

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

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

Free EB-5 Project Evaluation

Do You Need to Speak English to Qualify for an EB-5 Visa?

Two business professionals discussing documents in an office, symbolizing EB5 investors communicating across language barriers.

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

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

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

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

Two students smiling while working on a computer in a library, representing non-English-speaking EB5 investors receiving language support and guidance.

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

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

Where English Comes Into Play During the EB-5 Process

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

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

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

Businesswoman drawing paper airplanes with multiple international flags, symbolizing EB5 investors overcoming language barriers and accessing multilingual support.

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

Close-up of a business meeting where one person explains documents to another, symbolizing translation and interpretation support in the EB5 immigration process.

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.

Free EB-5 Project Evaluation

Can You Still Get an EB-5 Green Card by Investment in the U.S.?

A businessman placing US dollar bills into his jacket pocket, symbolizing EB5 investment funds and financial commitment.

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

President Donald Trump speaking at a government meeting alongside advisors and officials, representing policy discussions affecting EB5 and Gold Card immigration programs.

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

Three construction workers in safety vests walking at sunset with the American flag in the background, symbolizing EB5 job creation and U.S. economic growth.

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

A group of professionals collaborating around a laptop in a bright office, representing EB5 investor support, due diligence, and advisory services.

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

Close-up of two businessmen shaking hands outdoors in front of office buildings, symbolizing EB5 trust, agreements, and successful partnerships.

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.

Free EB-5 Project Evaluation

The Benefits of EB-5 for Tech Professionals

A team of software developers working on laptops at a shared table, symbolizing H1B tech workers seeking EB5 opportunities in the U.S.

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?

A software engineer coding across multiple screens, reflecting the career restrictions of H1B visas compared with EB5 freedom.

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?

A professional looking at a city skyline with an American flag overlay, representing EB5 investors building futures in the United States

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

Two tech professionals working late in a modern glass office, illustrating career flexibility and stability gained through the EB5 program.

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.

Free EB-5 Project Evaluation

Why Loans From Regional Centers Can Jeopardize Your EB-5 Petition

An investor reviewing a contract with cash on the table, symbolizing EB5 loan agreements and financial compliance risks.

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

A judge’s gavel resting on U.S. dollars, representing legal scrutiny of EB5 investment funds and loan sources.

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 businessman holding a fan of hundred-dollar bills, illustrating the risks of using loans from regional centers for EB5 investment capital.

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

A gavel placed on financial charts and dollar bills, highlighting regulatory oversight in EB5 investment funding.

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.

Free EB-5 Project Evaluation

Why Job Creation Sets EB-5 Apart From Other Investment Visas

A construction worker draped in the American flag holding a hard hat, symbolizing EB5 investors creating jobs that strengthen U.S. industries and communities.

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

A diverse team of workers in safety gear standing confidently in front of a U.S. visa graphic, representing how EB5 projects link immigration benefits to real job creation.

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:

Feature EB-5 Visa E-2 Visa
Investment Scale Requires a large investment (minimum set by law) that must create at least 10 full-time U.S. jobs. Requires a “substantial” investment in a U.S. business. The amount can be lower than EB-5.

Business Involvement Investors can be passive; they do not need to manage the business directly. Investors must actively manage and run the U.S. business.
Residency Status Grants a Green Card with a direct path to citizenship. Provides only a temporary status, which must be renewed as long as the business operates.
Job Creation Must create at least 10 full-time jobs for U.S. workers. No set job creation requirement, but the business must support itself and generate economic activity.
Overall Impact Strengthens the U.S. economy by creating jobs and is ideal for investors seeking permanent residency for themselves and their families. Offers lower investment thresholds, but is best for entrepreneurs who want to run a U.S. business without permanent residency.

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.

Free EB-5 Project Evaluation

Why Investors With Stuck Urban I-526E Petitions Should Consider Mandamus Litigation

An attorney holding a USCIS immigration form on a clipboard beside a gavel and justice scale, symbolizing EB5 mandamus litigation for delayed petitions.

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

A professional reviewing thick stacks of case files with colorful tabs, representing EB5 petition paperwork and documentation for legal review.

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

Close-up of a hand stamping “Approved” on official paperwork, symbolizing EB5 petition approval and successful resolution after delays.

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?

Lawyers discussing documents in an office with a gavel and scale of justice, illustrating EB5 investors considering mandamus action to move their cases forward.

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.

Free EB-5 Project Evaluation

Understanding Conditional Green Card Status for EB-5 Applicants

A conditional Green Card placed on a black notebook with supporting USCIS paperwork, symbolizing EB5 investors receiving U.S. permanent residency through investment.

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?

A smiling couple holding up the American flag, representing EB5 investors achieving conditional permanent residency and beginning their path to U.S. citizenship.

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

Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status with a pencil on a wooden desk, illustrating the EB5 process of removing 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

A person with hand over the heart holding the U.S. flag, reflecting EB5 investors’ commitment to building a future in the United States after obtaining a conditional Green Card.

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.