Not everyone can liquidate $800,000 overnight, and that’s perfectly normal. Whether funds are tied up in a business, a fixed deposit, or an asset sale still in motion, many investors face timing issues when it comes to meeting the full EB-5 investment amount upfront.

Thankfully, installment plans make it possible to begin the EB-5 process with a partial payment. This growing trend allows eligible investors to lock in their priority date, stay compliant with USCIS rules, and complete the remaining investment over time, without disrupting financial plans.

In this article, we will discuss how to use a partial payment to finance your EB‑5 investment to achieve your immigration goals.

Understanding the EB-5 Investment Rules

The EB-5 Immigrant Investor Program offers a pathway to U.S. permanent residency through investment. However, to qualify, you must create at least 10 full-time jobs for U.S. workers by investing either:

• $800,000 in a rural, high-unemployment, or infrastructure project, or
• $1,050,000 in any other qualifying commercial enterprise.

Your money must remain “at risk” for the duration of your conditional residence, meaning there can be no guarantees of return. Alongside the financial commitment, you must prove the lawful source and path of funds. USCIS wants clear records that show how you earned the money, moved it through banks, and ultimately sent it to the EB-5 project’s escrow or operating account.

The processing timeline to eventually get a Green Card can sometimes be lengthy, and this timeline can even be longer for applicants from high-demand countries with backlogs, like India and China in the Unreserved categories. While many foreign nationals are ready to invest the full funds upfront, not everyone can free such a large sum immediately. That’s where the installment plan enters the picture.

How Does an Installment Plan Work

An installment plan allows you to pay the required EB-5 investment amount in phases. Instead of wiring $800,000 or $1,050,000 all at once, you contribute a portion, usually about half, first. As an EB-5 investor, you would typically transfer the initial amount to a reputable escrow bank account after signing an agreement with the regional center to provide the remaining funds in a few months.

This model has gained traction in recent years as more regional centers adjust to investor needs. Moreover, the arrangement complies with the EB-5 criteria that require an investment “to be in the process of being made” at the time of your I-526E filing.

Why Installment Plans Make Sense for EB-5

A partial funding plan offers the following advantages to EB-5 investors:

1. Secures Your Priority Date

With just the first installment, you can file Form I-526E and lock in your priority date. This is especially useful for investors from high-demand countries, where backlogs may cause delays. Early filing helps you secure a place in line and reduces the risk of waiting longer if visa retrogression occurs.

If you’re already in the U.S. on another visa, partial funding can also let you file for adjustment of status, along with work and travel permits. This can help you stay legally in the U.S. and access other benefits while waiting for your Green Card. However, concurrent filing is only allowed if your chargeability area remains current; once your country faces retrogression, you lose that option.

2. Allows for Favorable Asset Sales

Many investors face liquidity issues as their funds might be tied up in maturing investments or in assets that aren’t ideal to sell right now. With an installment plan, you don’t need to liquidate everything immediately. You can start your EB-5 process with available funds and time your remaining payments with upcoming asset sales or maturing securities, thus avoiding losses from rushed decisions.

3. Protects Your Children From Aging Out

Children included in your EB-5 petition must be under 21 to qualify as your dependents. If your child is nearing that age, an installment plan can help because under the Child Status Protection Act (CSPA), a child’s age freezes when Form I-526E is filed. For example, if your child is 20 years and 8 months old at the time of filing, they remain that age during USCIS processing, even if it takes several months.

How to Make Partial Payments for EB-5

Below is a step-by-step guide on how to carefully use an installment plan:

1. Choose a Project That Accepts Installments

Not all EB-5 projects offer installment options. So, you should focus on regional centers that allow partial payments. When reviewing a project:

• Ask about the minimum first payment and follow-up schedule.
• Confirm escrow terms, refund policies, and any bridge loan use.
• Ensure the job-creation timeline is solid.
• Review the subscription agreement with your attorney to confirm the terms support installment-based contributions.

2. Prepare Documentation for Source of Funds

Each installment must come from a lawful source, and USCIS will examine this closely. For your first tranche, gather:

• Bank statements showing available cash or deposit maturity.
• Tax returns and employment pay slips.
• Business income reports, if applicable.
• Gift affidavits for family-contributed funds.
• Sale deeds for property sold to generate funds.

Also, begin preparing future documents, even if you haven’t wired the money yet. For example, if you expect a property sale in six months, keep your purchase and appraisal documents ready.

3. Wire the First Installment to Escrow

To avoid future issues, do the following when making your first payment:

• Transfer from an account in your name.
• Choose a reliable international bank with strong compliance.
• Avoid third-party or unclear fund routes and save all records.

4. File Form I‑526E

With your initial tranche paid and documented, your attorney can now prepare and file Form I-526E. The petition should include documents like the source of funds report, escrow agreement, and subscription agreement. As stated earlier, this filing locks in your priority date, which is critical if your country faces visa caps or future rule changes.

5. Plan Proof for Future Tranches

While USCIS accepts staged funding, they expect you to be completely transparent on how you plan to fulfill the rest of the investment. As such, you should:

• Keep a detailed timeline of when you will send each payment.
• Draft documents for asset sales or transfers.
• Stay ready to update these when each payment occurs.

For example, if your next tranche comes from a maturing bond, gather the original investment certificate and maturity notice early.

Key Things to Know Before Committing to an Installment Plan

Indeed, partial funding has several advantages, but you should take note of the following before going down that route to avoid any delays:

1. Funds Availability

USCIS requires that you have access to the full $800,000 at the time of filing your I-526E petition, even when you’re investing in installments. As such, you must provide evidence showing that you have the entire $800,000 in cash or assets in the liquidation process and are committed to completing the investment within the specified time. Additionally, anticipated earnings like future income or bonuses do not qualify as committed capital for an installment plan.

2. Sustainment Period

While you can file your I-526E after making the first installment, the two-year sustainment period will not start counting until after the final payment is made to the EB-5 project. So, you do not want to drag on making your complete investment

3. Keep Identical Sender Names

All funds should come from bank accounts in your name. If any money comes from a joint account or a relative, USCIS will want clear explanations and documents. To avoid complications, do not:

• Use corporate accounts.
• Mix unrelated party funds.
• Route funds through unregulated platforms.

4. Use a Single Corridor Bank

It is best to choose one strong bank to handle all international transfers. This reduces the risk of transaction errors, currency conversion issues, and missing documentation. Using a reputable bank with anti-money-laundering (AML) compliance is also recommended because USCIS values clean and traceable paperwork.

Create Your EB-5 Installment Plan With EB5AN

You don’t need to delay your dream of becoming a U.S. Green Card holder just because you don’t have $800,000 ready today. With partial payments, you can begin your EB-5 journey now, while you prepare the rest of your investment responsibly.

EB5AN has over a decade of experience in guiding investors through their EB-5 journey. So far, we have helped over 2,700 families from 70+ nationalities become U.S. permanent residents through the EB-5 program.

Book a free one-on-one consultation with our EB-5 experts today to start your EB-5 journey with an installment plan that works best for you.

If you are an international student in the U.S. on an F-1 visa, then you know the uncertainty that comes after graduation or when your visa runs out. You must either leave the country, continue your studies, or find a way to change your immigration status.

One way to gain more control over your future in the U.S. is by exploring the EB-5 Immigrant Investor Program. This program lets you move from temporary status to permanent residency by investing in the U.S. economy.

This article explains how F-1 students can use the EB-5 program to adjust their immigration status and stay in the country legally.

What Is the EB-5 Visa Program?

The EB-5 Immigrant Investor Program is a U.S. government program that allows foreign nationals to apply for a Green Card by making a qualifying investment in a U.S. business. The program started in 1990 and aims to boost the U.S. economy through job creation and investment. To qualify, you must invest at least $800,000 in a targeted employment area (TEA) project or $1,050,000 in a non-TEA project.

Once you apply and meet the program requirements, the U.S. government can grant you a conditional Green Card that is valid for two years. After that, you must show that your investment created the required jobs to remove the conditions to get a permanent Green Card.

Key Benefits for F-1 Students Using EB-5

The F-1 visa does not offer a clear path to a Green Card. It has time limits, requires you to keep full-time study, and offers only short work options like OPT. With the EB-5 program, all these become a thing of the past. Below is a closer look at the advantages of using the EB-5 route as an F-1 student visa holder.

1. Adjust Status From Within the U.S.

If you are already in the U.S. on an F-1 visa, you can continue living in the U.S. legally while your Green Card application is processed. You can apply for adjustment of status by filing Form I-485 once your EB-5 petition is filed and your visa category is current. There is no need to go back to your home country for consular processing, which can cause delays or uncertainty.

2. No Employer Sponsorship Required

Unlike the H-1B or employment-based Green Card options, the EB-5 visa does not depend on employer sponsorship. Therefore, you do not need a job offer, work authorization, or company sponsorship. As long as you make a qualifying investment and meet the program’s requirements, you have full control over your future.

3. No Lottery System Like H-1B

Every year, thousands of students apply for the H-1B work visa, but the program is limited because only a set number of H-1B visas are available each year. As such, applicants must go through a lottery system, and many do not get selected. However, with EB-5, you are not depending on luck and can plan with more certainty.

4. Faster Path to Green Card

If your EB-5 visa category is current on the Visa Bulletin, you can receive a Green Card in as little as 12 months. You can also qualify for priority processing by investing in rural TEA projects.

5. Work and Travel Flexibility

While you file Form I-485, you can apply for Form I-765 (employment authorization) and Form I-131 (advance parole for travel). These documents allow you to live, work, and travel freely in the U.S. while your Green Card is being processed. This way, you do not have to rely on the limited rules of your F-1 visa or OPT to stay in legal status.

6. Direct Path to U.S. Citizenship

Once you receive your conditional Green Card through EB-5, you become a lawful permanent resident. Then, after five years of holding this status, you can apply for U.S. citizenship by naturalization.

Transitioning From F-1 to EB-5 Visa: Step-by-Step Process

If you’re an F-1 student thinking about the EB-5 visa, it is important to understand the steps involved. Here is a summary of how it works:

• Confirm investment funds: Ensure you have access to the required investment amount. The money can come from your own savings, a gift from your family, or any legal source of income. Also, you must show the source of funds with full documentation.
• Choose a project: Most F-1 students invest under the EB-5 program through regional centers. These are approved organizations that manage EB-5 projects and handle job creation, reporting, and compliance. Generally, you should pick a project that has a good track record and is located in a TEA to qualify for a lower investment amount.
• File Form I-526E: Once you invest, your immigration attorney will file Form I-526E, which tells USCIS that you have met all EB-5 program rules. After filing this petition, you will get a priority date. This date helps decide when you can move to the next step, depending on visa availability for your country.
• File Form I-485: If your visa category is current, you can file Form I-485 to register for permanent residence or adjust status. You may even be able to file this at the same time as your I-526E. This is called concurrent filing, and it is allowed for people already in the U.S. on a valid status, like an F-1.
• Apply for work and travel permits: When you file Form I-485, you can also apply for Form I-765 and Form I-131. You will likely receive these permits in 3 to 6 months, and they help you avoid problems with your F-1 status if your OPT expires.
• Receive a conditional Green Card: Once your I-526E and I-485 are both approved, USCIS will issue a conditional Green Card. It gives you a lawful permanent resident status with full rights to live, work, and study in the U.S.
• File Form I-829: Finally, you will file Form I-829 within the 90-day window before your conditional Green Card expires to remove the conditions on it. If approved, you will receive a full, unconditional permanent resident status.

Secure Your Future in the U.S. With the EB-5 Visa

If you’re an F-1 student planning to remain in the U.S. after graduation, the EB-5 program could be your most direct route to permanent residency and eventually citizenship. Unlike other visa options, EB-5 gives you more control over your immigration journey by removing the uncertainty of employer sponsorships and lottery systems.

The key is choosing the right investment and filing strategy to fit your timeline and goals. That’s where EB5AN can help. With more than 2,700 families guided successfully through the EB-5 process, including international students like yourself, our team is ready to assist you every step of the way.

Schedule a free consultation with an EB5AN expert today and begin your journey to permanent residency.

Every year, thousands of people come to the United States on temporary visas to study, others come to work, or visit family. These visas allow people to stay for a limited time with the understanding that they will return to their home countries afterwards.

However, some people decide that they want to stay in the United States permanently. When this happens, they look to options like the EB-5 program as a legal way to accomplish that. But switching from a temporary visa to a permanent residency plan involves a shift in what is known as immigrant intent, which affects how and when you can apply for a Green Card.

This article explains what immigrant intent means and how you can safely move from a temporary visa to a permanent Green Card through the EB-5 program.

What Is Immigrant Intent?

In simple terms, immigrant intent means the desire to live permanently in the United States. When you apply for a U.S. visa, you must follow certain rules about your planned length of stay. Some visa categories allow for dual intent (both temporary stay and possible future Green Card plans), while others do not.

Here is a summary of these categories:

• Nonimmigrant intent visas: Getting any of these visas implies that you plan to stay temporarily. They include F-1 (student), B-1/B-2 (visitor), J-1 (exchange visitor).
• Dual intent visas: With these, you may have plans to stay permanently, and that is acceptable. Examples include H-1B (work), L-1 (intra-company transfer), O-1 (extraordinary ability).

How to Transition to EB-5 While in the U.S.

You can move from a temporary visa to the EB-5 program while staying in the United States through a process called Adjustment of Status. It allows you to adjust your status from a non-immigrant to an immigrant status while remaining in the U.S. The key steps in the transition include:

• Form I-526E is the main petition where you demonstrate your eligibility for the EB-5 program. It requires proof of your investment ($1,050,000 or $800,000 if investing in a targeted employment area) in a U.S. new commercial enterprise and that the enterprise will create the necessary 10 full-time jobs.
• Once the USCIS accepts your I-526E petition and the visa number is available, you can file Form I-485 to adjust your status to that of a Green Card holder. This process allows applicants already in the U.S. to complete their immigration journey without needing to return to their home country.

If you are already in the U.S. on a valid visa and your EB-5 category is “current” in the latest Visa Bulletin, you can file both forms simultaneously through concurrent filing. Additionally, you can apply for an employment authorization document (EAD) and advance parole (AP) to have the flexibility to work legally and travel internationally while your Green Card application is processed.

How to Avoid Legal Issues When Transitioning to EB-5

Even if you qualify for the EB-5 visa, how you handle the process matters because small mistakes can lead to delays or denials. Follow the tips below to stay on track and avoid common problems during your transition:

• Maintain your lawful status: Make sure you stay in a valid visa status throughout your EB-5 process. If your visa expires or you violate its terms, it could hurt your chances of getting a Green Card. To avoid these risks, check your visa expiration dates, follow your visa’s rules, and keep your records up to date.
• Document the evolution of your intent: Keep a clear, timestamped record of how your decision to pursue EB-5 came about. Emails, business plans, conversations with advisors, or personal statements can help prove your intent developed after you entered the U.S.
• Avoid starting EB-5 too early: If you entered the U.S. on a single-intent visa (such as F-1 or B-2), filing for a Green Card too quickly may raise concerns with USCIS. To avoid potential issues, it’s advisable to wait at least 90 days—or provide clear evidence of circumstances prompting your decision—before initiating your adjustment of status.
• Speak with an immigration attorney: Navigating the U.S. immigration system can be complicated. However, a qualified immigration lawyer can help you time your EB-5 and adjustment of status filings properly. They can also assist you in avoiding immigrant intent issues tied to single-intent visas.

Start Your EB-5 Journey the Right Way With EB5AN

Immigrant intent plays a major role in how and when you transition to an EB-5 Green Card holder status, and a misstep can cause serious issues. Even with a strong EB-5 project and a clear path to a Green Card, how you manage your current visa matters.

With more than 10 years of experience, our team at EB5AN understand the ins and outs of immigration intent. We have helped more than 2,700 families from over 70 countries and across all visa types to successfully get their EB-5 Green Cards.

Speak with our expert team for a free consultation on the most effective strategies for transitioning to an EB-5 Green Card.

Concurrent filing has made the EB-5 immigration process more efficient by allowing eligible investors to submit key applications at the same time. This change lets applicants file Form I-526E and Form I-485 together, instead of waiting for one to be approved before starting the next.

Before this update, foreign nationals pursuing EB-5 Green Cards had to endure long waiting periods between steps, creating unnecessary delays and uncertainty. The introduction of concurrent filing helps cut down on that time, giving investors a faster, more streamlined path to permanent residency.

In this article, you’ll learn what concurrent filing means, how it works, and how it can benefit you as an EB-5 investor.

What Is Concurrent Filing?

Concurrent filing means submitting two related immigration forms to U.S. Citizenship and Immigration Services (USCIS) at the same time. Here, you can file your EB-5 visa petition or Form I-526E together with your adjustment of status application or Form I-485 to become a permanent resident.

Before the EB-5 Reform and Integrity Act (RIA) was passed in 2022, you had to wait for the Form I-526E to be approved before you could file Form I-485. Now, if you qualify, you can file both forms together. Furthermore, your spouse and unmarried children under 21 can file adjustment of status applications concurrently with you.

What Are the Benefits of Concurrent Filing?

The most obvious benefit of concurrent filing is that it shortens the overall time you will wait to receive your permanent residency. However, it also offers other advantages like:

• Work authorization: Filing Form I-765 concurrently allows you to obtain an Employment Authorization Document (EAD). With this form, you can work legally in the U.S. or start your own business, if you wish, while your Green Card application is pending.
• Travel flexibility: With Form I-131, you can receive advance parole, which permits you to travel outside the U.S. and return without disrupting your pending adjustment of status. This is especially useful for international business or family obligations.
• Maintain legal status: Concurrent filing can help bridge any gaps in your immigration status if your current nonimmigrant visa is nearing expiration. It ensures you remain lawfully present in the U.S. while your EB-5 application is reviewed.

How Does Concurrent Filing Work?

Concurrent filing follows a clear process but comes with specific requirements. To take advantage of this option, EB-5 investors must meet eligibility criteria and follow several key steps, from confirming visa availability to submitting the correct forms while in the U.S.

1. Confirm Your Visa Availability

The EB-5 program has annual limits on the number of visas issued, and these limits are divided by country of origin. Visa availability is tracked through the Department of State’s Visa Bulletin, which shows priority dates for each category and country. For concurrent filing to be possible, your priority date must be current, meaning a visa number is available for immediate use.

2. Be Physically Present in the U.S.

Concurrent filing applies only to investors who are already in the United States on a lawful nonimmigrant visa, such as an H-1B, L-1, or F-1 visa. Foreign nationals outside the U.S. cannot file Form I-485. Instead, they must complete consular processing after their Form I-526E approval.

3. Prepare and Submit Your Forms

You must prepare Form I-526E to demonstrate your eligibility for the EB-5 program, and Form I-485 to request adjustment of status. Supporting documents to provide include proof of investment and evidence of job creation.

Additionally, you have the option to file Form I-765 (Application for Employment Authorization) and Form I-131 (Application for Travel Document) concurrently with your Form I-485. These permits allow you to work and travel while the adjustment application is pending.

4. Wait For USCIS’ Review

Wait for USCIS to review your I-526E petition and the I-485 application. If both meet the requirements, you and your immediate family members will be issued conditional Green Cards valid for two years. This process can take a few months, depending on processing times.

However, applicants in EB5AN’s rural TEA projects have been receiving I-526E approvals in under 10 months. Keep in mind that at this stage, USCIS may request additional evidence or schedule interviews to verify your information.

5. File Form I-829

You can file Form I-829 within 90 days before your conditional Green Card expires to remove the restrictions on your residency. Here, you will have to prove that your investment met all the program requirements.

How Visa Retrogression Affects Concurrent Filing for EB‑5 Investors

Visa retrogression occurs when demand exceeds annual visa supply, and the Department of State sets a cutoff date in the monthly Visa Bulletin. If retrogression sets in:

• Applicants with retrogressed priority dates cannot file Form I‑485 concurrently with Form I‑526E, even if they are already in the U.S.
• As of the July 2025 visa bulletin, India and China’s unreserved EB‑5 categories are retrogressed, blocking concurrent filings for that pathway.
• Yet, reserved categories remain current, allowing Indian and Chinese investors in rural, high-unemployment, or infrastructure projects to still file concurrently, for now. But the January visa bulletin’s warning means this benefit could be short-lived.
• If cut‑off dates for reserved categories are imposed, new concurrent filing in those categories will be disallowed. That’s why monitoring the Visa Bulletin and filing promptly is critical.

Don’t Miss the Window to File Concurrently

As long as you meet the eligibility requirements, concurrent filing can accelerate your path to permanent residency. Additionally, you get to enjoy work and travel benefits during the waiting period.

To navigate this complex process successfully, you should consult with experienced immigration professionals to avoid costly mistakes. With over a decade of experience and a 100% USCIS project approval rate, EB5AN has helped more than 2,700 families from 70+ countries navigate the EB-5 process successfully. We specialize in high-quality, low-risk regional center projects and provide expert support through every step of your immigration journey.

If you would like to know how you can take advantage of concurrent filing, book a free call with our expert team today.

When considering the EB-5 visa, most investors focus on the investment amount or which project to choose. While these decisions are important, another critical factor is often overlooked: how long your investment must remain active.

Many investors aren’t sure when they can withdraw their funds—or how that timing affects their Green Card approval.

In this article, we’ll explain why investment duration plays a key role in EB-5 success, how it affects your eligibility, and what to evaluate before choosing a project.

What the EB-5 Program Requires From Investors

The EB-5 Immigrant Investor Program allows foreign nationals to apply for U.S. permanent residency if they invest in a U.S. business and help create jobs. The key requirements include:

• A minimum investment of $800,000 in a targeted employment area (TEA) or $1,050,000 in a non-TEA.
• Your investment leading to the creation of at least 10 full-time jobs for U.S. workers.
• Putting your funds into a new commercial enterprise (NCE) and maintaining it for the required period.
• Actively engaging in the process, either directly or through a regional center.

Once your Form I-526E petition for regional center investments is approved, you can apply for a conditional Green Card. It lasts for two years, and 90 days before it expires, you must file Form I-829 to remove the conditions. Once it is approved, you will receive unconditional permanent residency.

Why Does the Investment Duration Matter?

The length of the EB-5 investment directly affects your ability to meet the program’s rules and secure a U.S. Green Card. If it ends too early, you may not meet the legal requirements. If it stays in too long without proper planning, it can create financial strain or unexpected risks. Below is a closer look at why your investment duration matters.

Many investors are drawn to EB-5 projects that promise a quick return—sometimes in as little as two to four years. While this can sound appealing, especially for those eager to regain liquidity, it often introduces serious risks.

Short-term projects may not allow enough time for the business to create the full 10 jobs required by USCIS. If the jobs aren’t created before your funds are returned, you may lose your eligibility for a permanent Green Card. Even worse, some short-duration offerings depend heavily on EB-5 capital or lack traditional financing support, which can increase the likelihood of delays, refinancing issues, or project failure.

And if your investment is repaid before the two-year sustainment period ends, the regional center is required to redeploy your funds into another qualifying project. This redeployment is often done without your direct involvement, and the second investment might carry very different (and potentially riskier) terms. It’s also worth noting that an ongoing lawsuit by IIUSA is challenging the reduced sustainment period, arguing that two years may not be long enough to protect investors or support real job creation. If the rules change again, redeployment risk could become even more complex.

For all these reasons, choosing a project with a sensible investment timeline—ideally four years or longer—can help reduce the need for redeployment and improve your chances of a smooth EB-5 process.

How to Evaluate Investment Duration Before You Invest

Before you commit to a project, it is best to speak with an experienced EB-5 immigration attorney. They can help you know the right questions to ask about duration, like:

• How long will my money stay invested?
• Is the timeline flexible if delays occur?
• What is the exit strategy?
• What happens if I face a visa backlog?
• Can the project redeploy my funds?
• Is repayment tied to I-829 approval?

You should also conduct your due diligence by carefully reviewing the private placement memorandum (PPM) and subscription agreement. Instead of assuming, look for clear language about timing, risk, and your rights as an investor.

Take Control of Your EB-5 Timeline With EB5AN

The success of your immigration is tied directly to your investment duration. Thus, you must choose an EB-5 project that is clear about how long your money will stay invested, what happens if there are delays, and how it plans to meet all EB-5 program requirements.

At EB5AN, we help investors select high-quality EB-5 projects with realistic timelines and strong compliance histories. Our low-risk rural EB-5 projects have made over 2,700 families from more than 70 countries become Green Card holders.

If you would like to begin your EB-5 journey strong by selecting a reliable project, feel free to book a one-on-one call with our team today.

Every year, thousands of students from India travel to the United States for higher education, often with the dream of eventually living in the U.S. However, after graduation, most students face challenges when they try to stay in the U.S., especially when they want to move from a student visa to a work visa.

Thankfully, the EB-5 Immigrant Investor Program offers another way, as it provides a more stable path to U.S. residency for Indian students and their families. Moreover, they do not have to deal with long wait times and the restrictions of job sponsorships.

This article explains how the EB-5 program works and how it can help Indian students to seamlessly transition to Green Card holders.

About the EB-5 Program

The U.S. government created the EB-5 Immigrant Investor Program in 1990 to support the economy by creating jobs through foreign investment. As such, it allows people from other countries to invest in U.S. businesses and apply for Green Cards. To qualify, investors, including Indian students, must:

• Invest a minimum of $800,000 in a business located in a targeted employment area (TEA), which includes rural or high-unemployment areas. If the business is outside a TEA, the investment is $1,050,000.
• Create at least 10 full-time jobs for U.S. workers.
• Prove that the investment funds came from legal sources such as salaries, business income, property sales, or gifts.

Shortcomings of the F-1 Visa

Most Indian students use an F-1 visa to study in the U.S. through full-time academic programs. While it supports education, it limits your ability to stay in the U.S. after graduation because of the following shortcomings:

Difficult Transition to Employment Visas

After graduation, F-1 students can apply for Optional Practical Training (OPT) to work for up to 12 months (or 36 months for STEM fields). Then, once OPT ends, you must move to a new visa category, usually the H-1B work visa. However, the H-1B option has strict limits, such as:

• A cap on the number of visas given each year.
• Most applicants entering a lottery where many end up not selected.
• The visa being tied to your employer, which reduces job flexibility.
• H-1B status lasting only six years.

For Indian nationals, Green Card wait times under the employment categories can last 10 years or more. During this time, you must stay employed, avoid gaps in status, and deal with frequent renewals.

Risk of Aging Out

If a parent applies for a Green Card through work, their child may lose eligibility as a dependent at age 21. This is called aging out. After this, the child must apply for their own visa, such as an F-1 or an H-1B, with no guarantee of approval.

How the EB-5 Program Helps Indian Students

The challenges of the F-1 visa make it hard for Indian students to build a stable life in the U.S. after graduation. Thankfully, the EB-5 program offers a direct and more reliable path to permanent residency for them and their families because of the following reasons:

1. Includes the Whole Family

One EB-5 investment can support the Green Card applications of the main investor, their spouse, and all unmarried children under 21. This allows families to stay and plan for the future together.

2. No Long Waits

Unlike the H-1B visa, the EB-5 program does not use a lottery. It also avoids the long Green Card wait times that Indian nationals face in other categories. Once your investment meets all requirements, you and your family can move forward with the Green Card process.

3. Gives Career Flexibility

Students with Green Cards do not need employer sponsorship. They can work for any company, start a business, and even take unpaid internships without risking their immigration status. This gives students more freedom to choose the best path for their careers.

4. Improves Access to Education

Green Card holders qualify as domestic students, which can significantly reduce tuition costs at public universities and colleges. They also become eligible for financial aid and scholarships that are usually unavailable to international students. In addition, permanent residents often have a higher chance of being admitted to competitive graduate programs.

5. Reduces Stress

Students on F-1 or H-1B visas often face stress from changing rules, job loss, or visa renewals. Luckily, the EB-5 Green Card provides stable legal status and removes these worries.

6. Expands Healthcare Options

As an EB-5 Green Card holder, you gain full access to the U.S. healthcare system. You can choose from a wider range of affordable and comprehensive insurance plans, which often offer better coverage and services than the limited plans available to students on temporary visas.

Steps to Apply for an EB-5 Visa

Applying for an EB-5 visa requires careful planning, accurate documentation, and guidance from experienced professionals. You should understand the full process before starting, so you can meet all requirements and avoid delays. Below is an outline of how it works from start to finish:

1. Choose an Investment Project

You can either invest directly in a new commercial enterprise (NCE) or invest in a project run by a USCIS-approved regional center. The overwhelming majority of all EB-5 applicants choose regional centers because they handle business operations, meet EB-5 rules, and reduce your involvement. Also, regional center projects are typically located in rural or high-unemployment areas to qualify for the $800,000 investment level.

2. Prove Legal Source of Funds

You must show that the money used for your investment came from a legal source. This includes salary or business profits, sale of property or assets, and inheritance or gifts. The USCIS requires clear legal records such as tax documents, bank statements, and contracts to prove all these.

3. File the EB-5 Petition

After making the investment, you must file Form I-526E, which shows the project details and source of funds. If USCIS approves this petition, you and your family can move forward with the Green Card process.

4. Apply for a Green Card

Once Form I-526E is approved, you can file Form I-485 to adjust your status if you are in the U.S. Eligible applicants can also file these two forms concurrently to save time. If you are outside the U.S., you can apply for your permanent residency through consular processing. Upon approval, applicants receive a conditional Green Card that is valid for two years.

5. Remove Conditions After Two Years

To become permanent residents, you must file Form I-829 90 days before the two-year Green Card expires. This document shows that your investment stayed in place and created 10 jobs. If approved, you receive a permanent Green Card with no conditions.

How F-1 Students Can Access Green Card Benefits Within Weeks

The EB-5 Reform and Integrity Act of 2022 (RIA) introduced concurrent filing, a helpful option for applicants already in the U.S. on valid visas, such as international students on F-1. This provision allows you to file your EB-5 petition (Form I-526E) and adjustment of status (Form I-485) at the same time.

Once you file Form I-485, you can stay in the U.S. legally under “pending adjustment” status, even before your EB-5 petition is approved. You can also apply for:

• Employment authorization document (EAD), which is a permit to work legally in the U.S.
• Advance parole (AP), which allows you to travel outside and re-enter the U.S.

These permits can be approved in 30 to 90 days, giving you the ability to study, work, and travel without the restrictions of the F-1 visa while you wait for your Green Card approval. For Indian students, concurrent filing makes it possible to unlock key Green Card benefits within weeks of filing, offering a major advantage over other immigration paths.

Sourcing Funds for Your EB-5 Investment

Gathering funds for the EB-5 investment can be a significant task for Indian students and their families. However, with proper planning and the right professional support, it is possible to mix sources of funds like:

• Income from your employment or personal savings.
• Profits from a business owned by you or your family.
• Funds from selling real estate, such as land, apartments, or inherited property.
• Gifts from family members, such as parents or relatives.
• Loans secured by personal assets.

Special Considerations for Indian Students

Due to India’s foreign remittance limit of $250,000 per financial year under the Reserve Bank of India (RBI) guidelines, Indian investors often use partial investments to begin the EB-5 process. This allows families to stay within legal remittance limits while progressing toward the required $800,000 investment.

A qualified EB-5 immigration attorney plays a key role in this process. You should work with a lawyer who understands both U.S. immigration law and Indian financial regulations. They will help gather and prepare the necessary documentation and guide you through compliance and U.S. tax considerations.

Why Indian Students Must Apply for EB-5 Without Delay

As an Indian student, you should consider applying for the EB-5 visa as early as possible. While this advice applies to all applicants, it is especially urgent for Indian nationals for the following reasons:

Benefit From Concurrent Filing

The concurrent filing option is only available for U.S.-residing Indian nationals when visa categories are “current”, meaning there are no backlogs. Thanks to the RIA, new reserved set-aside visa categories were created to avoid existing backlogs in the unreserved EB-5 category. These reserved categories are still current for Indian applicants, but this may change soon.

The U.S. Department of State signaled in its January 2025 bulletin that it may soon impose cut-off dates for these set-aside categories to avoid exceeding visa limits. Once a cut-off date is established, applicants will lose the ability to file concurrently.

Beat Future Backlogs

According to the latest Visa Bulletin, the unreserved EB-5 category for Indian applicants remains retrogressed, with the final action date of May 1, 2019. This means that Indian investors with priority dates after this cutoff are facing significant delays.

Although the RIA-created reserved categories provide temporary relief, rising demand is expected to create new backlogs in those categories as well. This is especially true in the high-unemployment TEA category, which is already attracting high volumes of applications. Starting the EB-5 process now helps secure a better priority date and place in line before delays begin.

EB5AN Can Help You Transition to Permanent Residency

The EB-5 program is one of the fastest and most dependable ways Indian students can become U.S. permanent residents. By avoiding the problems of student and work visas, you can stay in the U.S., build your career, and plan for the future.

Since the EB-5 process involves many steps, it is best to work with experienced EB-5 professionals to ensure a smooth journey. At EB5AN, we support Indian families through every step of this journey. Our expert team has helped more than 2,700 families from 70+ countries become lawful permanent residents of the U.S.

Feel free to book a one-on-one call with us today to learn how we can do the same for you.

The EB-5 visa program is not just about investing capital in the U.S. economy, but also a path to permanent residency through job creation. This simple fact makes business success the most important part of the entire EB-5 investment.

Without a solid and healthy business, both your Green Card and your capital could be at risk. Thankfully, you do not have to become a business expert to understand the basics of success—you just need to understand what makes a business strong, stable, and likely to grow.

This article reviews the key factors that shape promising EB-5 projects and how you can evaluate them before you invest.

What Business Success Means for EB-5 Investors

For EB-5 investors, business success includes how the business grows, how it creates jobs, how it handles risk, and how it returns investment funds. Below is a closer look at the benefits of business success for you.

Immigration Success

To get a U.S. Green Card through EB-5, you must prove that your investment created at least 10 full-time U.S. jobs. The business receiving your EB-5 capital plays a central role in this requirement—it must operate in a way that creates jobs, whether directly or indirectly, often within a clear timeframe. If the project faces delays or fails to meet the job target, your I-829 petition, which grants you permanent residency, may not be approved.

Investment Repayment

Along with their Green Card approval, many foreign nationals expect to get their invested capital back. While the EB-5 law does not promise a return, many projects aim to return investor funds. Nonetheless, for repayment to happen, the business must earn revenue, grow in value, and handle its financial responsibilities properly.

However, you should know that your EB-5 capital is at risk and does not have repayment priority. Projects usually repay senior lenders and other higher-priority funding sources first. If the project experiences financial difficulties, repaying the senior loan will take precedence. In such cases, there may be little to no remaining funds to repay EB-5 investors, which could result in a partial or total loss of the investment.

Key Factors That Influence Business Success in EB-5 Projects

A project’s success depends on how the following elements come together and how well they are managed:

1. Strong Business Plan

A solid business plan shows how the project will work, and explains what the business does, how it earns money, who the customers are, and what the goals are. It includes timelines, budgets, and key staff roles. A good plan also shows how the business will create jobs and how EB-5 funds will be used. As an investor, look out for clear, detailed plans because vague or overly hopeful projections are red flags.

2. Experienced Management Team

A business with a strong, skilled team that knows how to handle problems, adjust plans, and meet goals has a higher chance of success. The team should know the industry, understand how to work with EB-5 rules, and have experience in running similar projects.

You can look for signs of stability and past success by asking about the team’s past projects, how they performed, and what lessons were learned. Generally, it is best to invest in an EB-5 project that is already profitable. In this case, the project simply has to continue to execute its business plan and remain profitable.

3. Clear Use of Funds

A potentially successful project would provide a breakdown of spending, including construction, hiring, operations, and reserve costs. The use of funds should match the business plan and support job creation. If the project cannot explain how it will use capital, it is less likely to use it wisely.

4. Market Demand

Whether it builds homes or provides services, the project must have real customers. This is because strong demand supports stable revenue, which supports job growth and repayment. You can check out market studies, demand reports, and customer data to help judge an EB-5 project in this regard.

5. Job Creation Strategy

A strong strategy includes both how and when jobs will be created. While some projects rely on construction jobs, others rely on operations jobs. Also, most regional center projects use indirect job models. But regardless of the model, the job creation plan must be realistic, tied to spending, and backed by strong data. Additionally, the timeline should match your immigration needs.

6. Exit Strategy

An exit strategy shows how the project will return capital. This must be clear, realistic, and within a timeline that fits EB-5 rules. If a business cannot explain how it will repay capital, you should steer clear of it because the risk is higher.

Comparing Business Feasibility Across Different EB-5 Project Categories

Not all EB-5 project categories are created equal when it comes to business feasibility. While some industries are predictable with a clearer path to profit, others are uncertain with longer revenue timelines. Below is an overview of what to expect with certain types of EB-5 projects.

Energy and Operations-Based Projects

Energy and operations-based EB-5 projects are inherently riskier because they rely on future price and demand projections, which are difficult to predict. Geopolitical events, shifts in trade policy, and supply chain disruptions can cause sudden changes in the prices of raw materials, energy, and intermediate goods. In fact, in its World Energy Outlook 2023, the International Energy Agency warned about the unpredictability of global energy markets.

Another major drawback is the long revenue timeline. Energy and manufacturing projects can take several years to build and become operational. Additionally, these types of projects usually cannot pre-sell units or adapt their construction schedule based on evolving market demand. Once the process starts, it often cannot be paused or adjusted.

As a result of these factors, it is rare to find an operations-based EB-5 project that is already profitable or predictably low-risk. EB5AN offers deeper insights into these risks in these detailed articles:

• Risks in Steel Projects
• Risks in Oil Projects
• Risks in Mining and Natural Gas Projects

Real Estate

In contrast to energy projects, traditional real estate projects, especially residential developments, are the most viable for EB-5 investment. As an investor, you can evaluate historical pricing trends, demand levels, and the success of similar projects in the same location before committing.

One of the safest subcategories within real estate is single-family home projects. These projects often have the advantage of construction flexibility, allowing developers to speed up or slow down progress based on actual buyer demand. Another key strength is the ability to pre-sell units with non-refundable deposits. This early revenue stream reduces reliance on large construction loans.

Continuous population growth and high housing demand in many regions also keep this asset class in consistent demand. For instance, in the Southeast United States, single-family communities for active adults have seen a surge in popularity. This is fueled by a growing retiree population migrating to warmer, more affordable areas.

Bolster Your EB-5 Success With EB5AN

It is easy to focus on the wrong things when selecting an EB-5 project. Investors often rely on things like marketing materials and the brand name of the project developer. While these factors can give helpful clues, they do not replace the need to study the core of the business itself.

At EB5AN, we have a framework that helps investors select low-risk EB-5 projects with high transparency. Our professional understanding of potentially successful EB-5 businesses has helped more than 2,700 families from over 70 countries become lawful permanent residents of the United States.

Book a free consultation with our team to have a better understanding of your chosen EB-5 project’s risk profile.

The EB-5 visa offers a path to permanent residency through investment. But beyond getting a Green Card, investors often wonder what they can legally do once they arrive in the U.S. or change their status. One key question is whether they can work, and if so, under what conditions.

Indeed, immigration laws can be confusing. Several visa types allow entry, but not all give work authorization. Some restrict the kind of work and the number of hours, while others tie your immigration status directly to your job. EB-5, however, works differently.

This article explains how EB-5 investors can legitimately work in the U.S., so you can understand your work rights and avoid legal trouble.

The EB-5 Program Overview and Its Key Benefits

The EB-5 Immigrant Investor Program allows you to apply for a U.S. Green Card by investing in the U.S. economy. The U.S. government created this program to promote job creation and support new businesses. To qualify, you must:

• Invest at least $1,050,000 in a new U.S. business or $800,000 in a targeted employment area (TEA) project.
• Prove that the investment created at least 10 full-time U.S. jobs.
• Show that the money used for investment comes from lawful sources.

In return, you, your spouse, and unmarried children under 21 can receive lawful permanent residency. Other key benefits of the EB-5 program include:

• Freedom to live, work, and study anywhere in the U.S.
• No need for employer sponsorship.
• Path to U.S. citizenship by naturalization after five years of permanent residency.

Do EB-5 Investors Have the Right to Work?

Yes, you have the right to work as an EB-5 investor without needing extra permits or sponsorship after you have received your conditional Green Card. This right applies to both you and your eligible family members because you are now lawful permanent residents.

Green Card holders can work anywhere in the U.S., part-time or full-time. They can work for themselves or someone else, in any field allowed by law. However, if your EB-5 application has not yet been approved, you must follow the rules governing how you initially entered the U.S.

The Pathways to Legally Work in the U.S. as an EB-5 Investor

Before receiving a Green Card, you must go through either consular processing or adjustment of status. These are the two legal ways to move forward after filing the I-526E petition, which is the main EB-5 application form. Below is an overview of what each pathway involves and how it affects your ability to work in the U.S.

Consular Processing

If you are living outside the U.S., you will typically follow consular processing. In this case, you file your EB-5 petition (Form I-526E), and once approved, you file DS-260 with the U.S. Department of State. Then, you will need to attend an interview at a U.S. consulate or embassy in your home country.

If the visa is granted, you will enter the U.S. on an EB-5 immigrant visa, at which point you will be granted conditional permanent residency. Since consular processing requires you to be outside the U.S. during the waiting period, you cannot work in the U.S. until you enter the country as a permanent resident.

Adjustment of Status

Adjustment of status allows you to apply for a Green Card without leaving the U.S. if you already live in the U.S. on a valid visa. A major benefit of adjustment of status is concurrent filing. This means you can submit your Form I-526E and Form I-485 at the same time if you have a visa immediately available to you.

When you file Form I-485, you can also submit Forms I-765 and I-131. These let you apply for an employment authorization document (EAD) or work permit, and advance parole or travel permit. Once USCIS approves them, usually within a few months, you can start working in the U.S. and travel abroad while your Green Card application remains in process.

Also, filing Form I-485 locks in your legal status. Even if your original visa expires during the process, your pending application allows you to remain in the U.S. lawfully until USCIS makes a decision. However, you must meet the following conditions to qualify for concurrent filing:

• You must already be in the U.S. on a valid nonimmigrant visa like F-1 or H-1B.
• Your priority date must be current, meaning a Green Card is available for your country of chargeability under the Visa Bulletin.
• You must not have violated your visa status.

If you meet these conditions, concurrent filing can speed up your ability to live, work, and travel while you wait for your Green Card approval. It can also provide peace of mind since it gives you legal work authorization much sooner than waiting through the EB-5 approval process.

FAQs About EB-5 Investors Working in the U.S.

Below are some of the most common questions investors ask when it comes to working legally during or after the EB-5 process.

Can EB-5 Investors Work for Their Own Business?

Yes, you can, once you have a Green Card. Similarly, if you have applied for adjustment of status and only hold an EAD card, you can still work for your own business while waiting for the Green Card.

Can EB-5 Investors Work Remotely?

Yes, EB-5 investors can work remotely if the job or business allows it. Once they have the Green Card or employment authorization document (EAD), they can work from home, coworking spaces, or other places. They can also choose not to work at all.

Can EB-5 Spouses and Children Work?

Yes, the spouse and unmarried children under 21 who receive Green Cards through the EB-5 program also have the legal right to work in the U.S. This includes part-time work during school or full-time work after graduation. There are no extra rules as long as the work follows state and federal labor laws.

Are the Work Rules Different for Conditional and Permanent Green Card Holders?

No, the work rules are not different, as conditional and permanent Green Card holders have the same right to work in the United States. The main difference between the two cards is the length and status of your residency. A conditional Green Card lasts for two years and is tied to your meeting the EB-5 investment and job creation requirements. On the other hand, a permanent Green Card is renewable and does not carry those conditions.

Get Legal Work in the U.S. Through the EB-5 Program

The EB-5 program offers more than just a path to U.S. residency. It opens the door to full employment rights for investors and their families. But each step in the process matters, which is why it is best to work with EB-5 professionals from start to finish.

EB5AN has helped over 2,700 families from more than 70 countries to live, work, and thrive in the U.S. with full legal status. Our team has over a decade of experience and can guide you from project selection to you getting your unconditional Green Card.

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

Over the years, many investors and their families have used the EB-5 program to build a future in the U.S. In 2022, Congress passed the EB-5 Reform and Integrity Act (RIA), a legislation that brought several updates to the program. One of the most important changes introduced was the creation of reserved set-aside visas.

These are special visa categories within the EB-5 program that prioritize certain types of investments, and the goal is to make the program more accessible and encourage development in areas that need it most.

This guide explains what you need to know about reserved set-aside visas and how they can improve your chances of success in the EB-5 process.

What Are Reserved Set-Aside Visas?

Reserved set-aside visas are a special allocation of EB-5 Green Cards reserved for investors who invest their capital into projects located in specific priority areas. These visas were introduced to spread EB-5 investments more evenly across the country. Instead of concentrating projects in a few big cities, it encourages development where it is most needed.

Each year, the U.S. government sets aside 32% of the total EB-5 visas available. That means around 3,200 visas are “reserved” for investors who place their funds in projects that fall under one of these three types:

• Rural area projects (20%): Rural EB-5 investment areas are locations outside of towns or cities with 20,000 or more people.
• High-unemployment area projects (10%): High-unemployment areas are urban or rural zones where unemployment is at least 150% higher than the national average.
• Infrastructure projects (2%): Infrastructure projects are large-scale developments such as roads, bridges, or transportation systems that are approved by a U.S. government agency.

Unlike unreserved visas, reserved set-aside visas offer major benefits, especially for investors from countries with backlog pressure. Applicants from high-demand countries like China and India often face long waits for regular EB-5 visas. By choosing a reserved category, especially a rural TEA, they may shorten that wait and avoid backlogs.

The EB-5 visa minimum investment amount for projects TEAs is also reduced to $800,000, instead of the regular $1,050,000.

Frequently Asked Questions About Reserved Visas

Are There Backlogs in the Reserved Visa Categories?

As of now, there are no official backlogs in the reserved visa categories. The U.S. Visa Bulletin lists all three categories, rural, high-unemployment, and infrastructure, as “current.” This means visas are available.

However, demand for these reserved visas is growing quickly. Experts expect that within 2025, backlogs will start to show on the Visa Bulletin for investors from countries like India and China. The January 2025 Visa Bulletin even mentioned this possibility. Even if backlogs appear, investors using the reserved categories still have much shorter wait times compared to those in the unreserved category or who filed before the RIA. Opting for rural TEA projects can also make a significant difference for Indian and Chinese EB-5 investors.

Do Reserved Visas Carry Over Indefinitely?

No, they do not. Reserved visa categories have a fixed number of visas set aside each fiscal year. Unused visas in reserved categories do not roll over year to year in the same way as general EB-5 visas. You must act during the current fiscal year or risk losing your chance. This rule encourages timely application but also adds urgency to the process.

Are the Reserved EB-5 Visas Subject to Per-Country Caps?

The reserved EB-5 visa categories are subject to the 7% per-country cap. However, unused reserved visa numbers from other countries can be redistributed to applicants from countries like India and China.

What Should We Expect From the Rest of Fiscal Year 2025?

In fiscal year 2025, many reserved EB-5 visas must be used or they’ll be lost. This pressures USCIS and the State Department to quickly process I-526E and I-485 applications. Visa retrogression in the high-unemployment category is also expected to happen within the fiscal year, so investors from high-demand countries are recommended to explore low-risk rural TEA project options offered by reputable regional centers.

Take Advantage of Reserved EB-5 Visas With EB5AN

Reserved visas help move EB-5 away from a first-come, first-served race toward a system that rewards job-creating investments in underserved areas. From selecting the right EB-5 project to preparing your documentation, every step requires careful planning and reliable information.

With over 2,700 families from more than 70 countries already helped to become permanent U.S. residents, EB5AN understands the EB-5 journey inside out. Our EB-5 professionals are ready to guide you if you are thinking about applying under one of the reserved visa categories.

Schedule a free consultation with an EB5AN expert today and start your journey to securing your EB-5 visa.

Starting the EB-5 process often involves a mix of careful planning and uncertainty. Investors gather financial documents, choose a project, then wait for U.S. Citizenship and Immigration Services (USCIS) to process their application. Sadly, some EB-5 petitions may not get approved.

For many people, this moment can feel frustrating, especially because they have put in time and money. However, understanding the reasons behind a denial can help you prepare better or fix what went wrong. In this article, we will explain the most common reasons why an EB-5 petition might get denied and what to do if that happens.

Common Causes for EB-5 Petition Denial

Knowing why USCIS might not approve your EB-5 petition is the first step to avoiding costly mistakes. Most denials happen because of issues with documents, the investment, or the rules around job creation and eligibility. That said, below is a breakdown of some of the most frequent causes.

1. Incomplete or Incorrect Documents

USCIS has strict documentation requirements for complete and clear records. Your application must include forms like the I-526 or I-526E, personal identity records, proof of investment, business plans, and source of funds documentation. If even one required document is missing, or if a form is outdated or filled in the wrong way, your petition may be denied.

In some cases, investors leave out key pages of tax returns or fail to translate documents into English. In others, they submit handwritten forms or use copies that are hard to read. Even minor errors, like not signing a form or using the wrong dates, can cause issues because the officers will not guess or fix mistakes for you.

2. Source of Funds Problems

The EB-5 program requires you to prove that your investment money came from legal sources. This process is commonly referred to as source of funds. Here, the reviewing officers want a full and clear record showing how you earned, transferred, and invested the funds.

If this money trail seems unclear or suspicious, the petition may be denied. Some common issues that can happen when proving source of funds include:

• Not showing enough evidence to explain how you earned the money.
• Using funds from gifts or loans without providing full documentation.
• Not showing where a donor or lender got their money.
• Sending money through too many different accounts without a clear paper trail.

3. Job Creation Issues

The EB-5 program is not just about investing money because you are required to create at least 10 full-time jobs for U.S. workers.

You are expected to provide solid numbers, timelines, and explanations for this. If your plan is vague or unrealistic, or if it does not explain how the jobs will be created, your petition might get denied. Setbacks often happen if you:

• Submit business plans that are too general or missing key job details.
• Rely on indirect jobs, but don’t provide proper economic models.
• Assume future jobs will come, but don’t show how or when.
• Work with projects that have delays or unclear hiring plans.

4. Problems With the Investment

The minimum EB-5 investment amount is $800,000 for targeted employment areas (TEAs) and $1,050,000 for other areas. The investment must be “at risk,” which means there can be no guarantee of return or refund. Also, the funds must go into a real business that creates jobs, not just sit in a personal account or be used for passive investment.

Some common mistakes here include:

• Investing less than the required amount.
• Not transferring the funds properly. For example, money stuck in escrow for too long.
• Working with a business that does not qualify as a new commercial enterprise (NCE).

5. Regional Center Problems

If a regional center loses its USCIS approval, misuses funds, or fails to meet program rules, your petition could get denied, though there are some protections in place to protect investors in cases like these.

Some signs of trouble include:

• Regional centers that stop responding to investors.
• Projects that are delayed or do not start as planned.
• Incomplete or misleading business plans.
• Lack of updates about fund use or job creation.
• Losing designation during the I-526E or I-829 process.

6. Children Aging Out or Getting Married

The EB-5 program allows you to include your spouse and unmarried children under age 21 in your petition. However, age and marital status are strict limits. If your child turns 21 or gets married before the Green Card is issued, they may lose eligibility.

In some cases, the Child Status Protection Act (CSPA) can freeze a child’s age during part of the process, but this does not cover every case. Another issue arises if your child gets married during the process. Even if they were under 21 when you filed, getting married disqualifies them from receiving a Green Card through your petition.

7. Other Reasons

EB-5 investors may face denial for other reasons, such as health reasons, previous criminal convictions, security-related concerns, or former immigration application violations. Be sure to review all the personal requirements and qualifications of the EB-5 program to ensure you meet them.

Steps to Take After an EB-5 Petition Denial

Getting a denial on your EB-5 petition can feel disappointing. But it does not mean the journey is over. The key is knowing what steps to take and doing them the right way.

Nonetheless, before taking any action, it is a good idea to speak with an immigration attorney to guide you on avoiding the same mistakes. Below are common steps that you can take after an EB-5 petition denial.

1. Review the Denial Notice

The denial letter explains why your petition was denied. It points out the specific problems, such as missing documents, unclear source of funds, or job creation issues. Go through the notice and try to match each point to the documents and forms you submitted.

You can also share it with your attorney and ask them to explain each part. They can help you understand whether the issue is something that can be fixed, appealed, or whether a new petition is needed.

2. File a Motion to Reopen or Reconsider

If your petition was denied due to missing information or a mistake, you have the option to file a motion to reopen or a motion to reconsider. A motion to reopen is used when you have new evidence or documents that you did not include the first time.

On the other hand, a motion to reconsider is used when you believe the officer made a legal or factual error in reviewing your petition. You must file these motions quickly, usually within 30 days of the denial notice.

3. Appeal to the Administrative Appeals Office (AAO)

If you think your petition was denied in error, and a motion is not enough, you can file an appeal with the AAO. Here, you must explain why the denial was incorrect and provide clear support. The AAO will then look at your case again and decide if the denial should be reversed.

This process can take several months or longer, depending on the case. If the AAO agrees with you, they may approve the petition or send it back for a new review. If they do not agree, they will let you know in writing.

4. File a New EB-5 Petition

For denials based on problems that cannot be fixed with a motion or appeal, starting over may give you a better chance of success. When you file a new EB-5 petition, you get to correct all the issues that led to the first denial.

You can include missing documents, provide a better business plan, or invest in a different project. This time, you may want to work with a different legal team, financial advisor, or regional center, depending on what went wrong the first time.

How to Avoid an EB-5 Petition Denial in the Future

An EB-5 petition denial can feel overwhelming, but it can be easily avoided by taking all the right steps. Let’s walk through how you can prevent a denial in the first place.

1. Prepare Strong Documentation

It is vital to ensure that all forms are completed correctly and that your application includes the necessary supporting documents. You can improve your chances by:

• Using the official USCIS website to download the latest versions of each form.
• Reviewing instructions for every form and double-checking for errors.
• Submitting translated copies of all foreign-language documents, with a certificate of translation.
• Keeping a checklist and going through it before sending your application.

2. Choose the Right Investment

Investing in a project with no clear plans to create jobs will likely lead to a denial. Therefore, you need to conduct due diligence to avoid projects that do not demonstrate a clear path to success.

You should also work with a regional center that has a strong reputation and history of EB-5 approvals. Furthermore, you can partner with experts like attorneys, financial experts, and business advisors who can help you assess the risk and viability of potential projects.

3. Be Proactive When Filing for Your Children

To avoid the denial of your child’s Green Card application, you can do the following:

• File your petition as early as possible if you have children close to age 21.
• Track USCIS processing times and look for options to speed up your case.
• Talk to an immigration attorney about using the CSPA or separate filings for your child.

4. Stay Updated

The EB-5 visa program is subject to changes in law, policy, and regulations. It is essential to stay informed about any updates to the program that could affect your investment. Monitor USCIS updates, follow industry news, and consult with your attorney to know regulatory changes that could affect your petition.

Work With EB5AN to Minimize EB-5 Petition Denial Risks

USCIS may deny EB-5 petitions for several reasons, but most of these problems can be prevented with careful planning. If you’re thinking about applying, take the time to learn the requirements, gather strong documents, and work with professionals who know the EB-5 process.

At EB5AN, we understand the ins and outs of getting a Green Card and are committed to providing expert support throughout your EB-5 journey. We have helped more than 2,700 families from over 70 countries become permanent U.S. residents.

Reach out to us today for free, and let’s work together to make your EB-5 petition successful.