The EB-5 Immigrant Investor Program offers a unique opportunity for foreign nationals to secure U.S. permanent residency. With thousands of investors participating each year, the program continues to attract individuals and families seeking long-term stability and access to the benefits of life in the United States.

But what truly drives someone to become an EB-5 investor? For most, it’s a strategic decision tied to personal, financial, and generational goals. With family security and access to the world’s largest economy being strong motivators, investors weigh the program’s costs and benefits carefully before making the commitment.

In this article, we’ll explore the top motivations behind choosing the EB-5 visa, as well as the best practices to consider before beginning the process.

The EB-5 Immigrant Investor Program: A Quick Overview

The EB-5 Immigrant Investor Program was created by the U.S. Congress in 1990. Its goal is to attract foreign investment into the U.S. economy and create jobs for American workers. In return, foreign investors and their immediate family (spouse, and unmarried children under 21) can receive Green Cards.

To qualify, you must invest $1,050,000 in a new business or $800,000 if the business is in a targeted employment area (TEA). A TEA is a rural area or a place with high unemployment. The funds must be at risk, and the business must also create at least 10 full-time jobs for U.S. workers.

There are two ways to invest: direct investment and through a regional center. With direct investment, you run your own business. On the other hand, a regional center investment allows you to invest through a government-approved project. Many investors choose regional centers for convenience and easier job creation tracking.

Once your Form I-526E is approved, you and your family can apply for conditional Green Cards valid for two years. If you are already in the United States and a visa is immediately available to you, concurrent filing allows you to submit your Green Card application at the same time as your I-526E petition, helping you stay in lawful status and potentially speed up the process.

Before the end of your conditional residency period, you must show that the investment remained active and created the required jobs. If approved, you receive permanent residency. After five years as a Green Card holder, you become eligible to apply for U.S. citizenship.

Key Motivations Behind Choosing the EB-5 Visa

Indeed, the financial investment of the EB-5 visa program is significant. However, many foreign investors see it as a way to build a secure and flexible future in the United States. Below is an overview of the main reasons investors choose the EB-5 visa, making the U.S. a top destination for families.

1. Family Security and a Better Future for the Children

Many investors see the EB-5 program as a way to secure a safer and more stable future for their families, especially their children. This is because it grants permanent residency not only to the investor but also to their spouse and unmarried children under 21.

Moreover, foreign nationals believe EB-5 is a way to escape economic or political instability in their home countries. Since the U.S. offers a stable environment with better healthcare, social services, and legal protections, they have peace of mind that their family is secure.

2. Economic Opportunity and Stability

The U.S. economy remains one of the largest and most stable economies globally. As a result, investing in the United States provides access to a mature market with strong legal protections for business and property rights. This stability is also appealing if you want to diversify your investment portfolio with EB-5.

For investors, putting a substantial amount of money in the U.S. economy is a strategic move. First, they get the chance to support projects such as real estate developments in a growing economy. Secondly, this investment has potential for a full repayment alongside immigration benefits.

3. Educational and Career Flexibility

The United States hosts many of the world’s top universities and research institutions, offering a range of academic programs, advanced degrees, and professional training options. For families, the chance to access these educational opportunities without visa restrictions is a major benefit.

Children can attend public or private schools, colleges, and universities, while spouses can also seek work or further education without special permits. The flexibility extends to careers as well. EB-5 investors and their family members can work in any field or start their own businesses without being tied to a specific employer or sponsorship.

4. Pathway to Permanent Residency and Citizenship

Unlike many temporary visa categories that require continuous renewals and can be subject to changing policies, the EB-5 program offers conditional permanent residency followed by a route to a full Green Card. After five years of total residency in the country, EB-5 investors can apply for citizenship by naturalization.

Being a U.S. citizen comes with many benefits. For instance, you gain access to federal benefits like healthcare, financial aid, and the right to vote. Furthermore, you can sponsor certain relatives for immigration.

5. Program Flexibility and Inclusivity

The EB-5 program offers a level of flexibility and inclusivity that other visas, like employer-sponsored visas, do not have. It does not restrict applicants based on their country of origin, profession, or special skills. As long as you meet the investment and source of funds requirements, you can apply.

Moreover, the fact that investors can choose direct investment or work with a regional center allows them to select projects that match their financial goals and risk tolerance.

6. Freedom of Movement and Global Mobility

The EB-5 visa allows holders to live and work freely within the United States. In contrast to temporary visas that are tied to specific employers or schools, the EB-5 Green Card does not restrict travel or employment options. Additionally, when you become a U.S. citizen, you gain access to a U.S. passport, which provides you with global mobility because it is among the most powerful in the world for travel.

Best Practices to Consider When Exploring the EB-5 Program

Deciding to pursue the EB-5 visa is a significant step, both financially and personally. To increase your chances of success and avoid common pitfalls, it’s essential to approach the process with the right strategy, support, and awareness. Below are key best practices every prospective EB-5 investor should keep in mind before moving forward.

• Work with trusted professionals: This includes an EB-5 immigration attorney and an EB-5 consultant. They can explain the law, help you choose the right investment, and guide you through the process. Not all projects or regional centers are equal, so conducting due diligence is non-negotiable.
• Check the credibility of the project: If you choose to invest through a regional center, make sure it has a good history and is approved by the U.S. Citizenship and Immigration Services (USCIS). Ask for documents that show the project’s success in creating jobs and returning capital to past investors.
• Understand the risk: The law requires that your investment remains “at risk” to qualify for the EB-5 visa. This means there is no guarantee of profit or return. Therefore, you should be cautious of any promise of risk-free investment.
• Know the timeline: The EB-5 process can take time, so patience and planning are necessary. You will first receive a conditional Green Card for two years. After that, you must show that the investment created the required jobs before proceeding to the next stage. However, you can live and work legally in the United States before this process is fully complete, so be sure to apply sooner rather than later to avoid unnecessary delays.
• Stay involved and informed: Keep communication open with your advisors. Review updates on your petition status and ask questions if anything seems unclear. Being actively engaged can help you spot problems early and avoid costly delays or mistakes.

Embrace Your Future as a U.S. Citizen With EB5AN

Pursuing the EB-5 visa is motivated by different reasons, ranging from financial to personal goals. Irrespective of your reason, it is always best to fully understand the benefits and challenges before starting the process. By partnering with experts, you can improve the chances of securing a brighter future for you and your family.

For over a decade, EB5AN has led the industry by helping more than 2,700 families from 70+ countries relocate to the United States as lawful permanent residents. We prioritize clarity, compliance, and due diligence, so you can move forward with confidence toward your goal.

If you are ready to embrace your future as a U.S. Green Card holder, book a one-on-one call with our team today.

Many students come to the U.S. on F-1 visas, complete their degrees, and take part in the optional practical training (OPT) program to gain work experience. However, if you want to stay longer and settle permanently in the U.S., OPT is not a long-term solution.

One of the best options in this regard is the EB-5 immigrant investor program. This program allows you to invest in the U.S. economy and, in return, become a lawful permanent resident. By following the right steps and planning carefully, you can move from a temporary student status to a Green Card holder through EB-5.

In this article, we will discuss how international students can transition from OPT to EB-5 to become permanent residents and eventually, U.S citizens.

Understanding the OPT and STEM OPT Extension

Optional Practical Training (OPT) is a work benefit for international students in the U.S. who hold F-1 visas. It allows you to work in a job directly related to your field of study. You can use OPT during your program (pre-completion) or after you graduate (post-completion), but there are time limits and rules that apply.

Most students use the post-completion OPT after graduation because it allows them to work full-time for up to 12 months. However, if you have already used some pre-completion OPT, the time available after graduation is reduced.

Generally, using one year of part-time pre-completion OPT (20 hours/week) shortens your post-completion OPT by six months. Also, if you have used one year of full-time pre-completion OPT (40 hours/week), you would not qualify for any post-completion OPT.

To apply for OPT, you must:

• Complete at least one full academic year in a degree program.
• Get a recommendation from your designated school official (DSO).
• Submit Form I-765 to U.S. Citizenship and Immigration Services (USCIS).
• Apply within a specific time, usually up to 90 days before finishing your program and about 60 days after.

Students in science, technology, engineering, or math (STEM) fields can also apply for a 24-month extension of OPT. This STEM OPT extension brings their total work time to up to 36 months. To qualify, you must hold a degree in an approved STEM field, work for an employer enrolled in the E-Verify system, and meet all reporting and compliance rules.

As a result of the temporary nature of the OPT and STEM OPT programs, international students often look for ways to extend their stay in the U.S., and this is where the EB-5 program comes in.

Introduction to the EB-5 Immigrant Investor Program

The EB-5 program is a U.S. immigration program that offers a path to a Green Card through investment. It was created in 1990 to attract foreign capital and create jobs in the U.S., and its main requirements include:

• Investment amount: You must invest $800,000 in a targeted employment area (TEA). Alternatively, $1,050,000 is required for investment in non-TEA locations.
• Investment type: Your funds must remain at risk and go into a new commercial enterprise (NCE), which is a lawful, for-profit business.
• Job creation: Your investment must create at least 10 full-time jobs for U.S. workers.
• Lawful source of funds: You must prove that your investment capital came from legitimate sources. This includes providing financial records like tax returns, bank statements, or business documents.
• Active investment: While you do not need to manage the business daily, your role must be active enough to show involvement. For many investors, this is done through USCIS-approved EB-5 regional centers, which manage projects and track job creation.

Why Transition From OPT to EB-5?

Wondering whether EB-5 is right for you or not as an international student is common, since it involves a high financial commitment. If you are in this situation, below are several reasons to consider moving from OPT to EB-5:

1. Long-term residency: OPT gives you temporary work status, but EB-5 puts you on the path to permanent residency. Moreover, with a Green Card, you can live and work in the U.S. without visa renewals.
2. Freedom from employer sponsorship: While most employment-based Green Cards need employer sponsorship, EB-5 does not. You control your path by making an investment.
3. Path to citizenship: After five years as a permanent resident, you can apply for U.S. citizenship. This opens up more rights and protections under U.S. law.
4. Flexibility for career and life: As a Green Card holder, you can work for any employer, start your own business, or take time off without losing your immigration status.
5. Family inclusion: Your spouse and unmarried children under 21 can also get Green Cards through your EB-5 application.

Step-by-Step Process to Move From OPT to EB-5

For students who plan to build a future in the U.S., EB-5 offers a direct and independent route. However, making the transition is a long and critical process. So to mitigate any potential risks, we highly recommend working with an experienced EB-5 immigration attorney. Here is an overview of the steps this process entails.

1. Secure the Necessary Funding

You need to gather the required investment amount, which is either $800,000 or $1,050,000, depending on the location of your preferred project. You must also prepare to prove a lawful EB-5 source of funds, like savings, business income, loans, gifts from family, and property sales.

This step requires organizing detailed financial records that establish a clear and traceable path for your funds. Therefore, it is advisable to work with an immigration attorney to prepare the proper documentation.

2. Research and Select an EB-5 Investment

You can invest directly in a business or go through a regional center. If you work with a regional center, they will handle most of the project details and job tracking for you. When selecting a project, look at details like the business plan to create jobs, the regional center’s track record, and the exit strategy for your capital. Make sure you conduct due diligence and seek professional guidance where necessary to avoid high-risk projects.

3. File Form I-526E

Once you’ve invested, you are to file Form I-526E. This petition shows that you meet all EB-5 program requirements. After filing, USCIS will review your petition and approve it if you have complied with all the rules.

4. Maintain OPT Status While Waiting

When your I-526E petition is pending, you must keep your OPT or STEM OPT status valid so you can stay in the U.S. legally while waiting for approval. Make sure you do not exceed your unemployment limits (90 days for OPT, 150 days for STEM OPT).

You should also get your employment authorization document (EAD) renewed as needed. If your OPT ends before you receive your EB-5 Green Card, you can move to another visa type, like H-1B. Alternatively, you will have to leave the U.S. and wait abroad until your visa is ready.

If eligible, you can file your I-485 (more details on this form below), work permit, and travel permit alongside your I-526E. This “concurrent filing” saves time and locks in lawful U.S. status—even if other visas expire.

5. File Form I-485

Once your I-526E is approved and your visa is available, you can apply for a Green Card through adjustment of status if you’re in the U.S. To do this, you will have to file Form I-485, which is your official request for permanent residency. You will go through biometrics appointments, background and security checks, and possibly an interview.

6. Receive a Conditional Green Card

When your Form I-485 is approved, you will receive a conditional Green Card that is valid for two years. This status means you are a permanent resident. However, you must meet the job creation requirement and maintain the investment during this time. Furthermore, you are expected to live in the U.S. and follow all residency rules. You can begin counting toward the five-year residency requirement for citizenship from the date you receive your conditional Green Card.

7. File Form I-829 to Remove Conditions

During the final 90 days of your conditional period, you must file Form I-829 to remove the restrictions and limitations on your Green Card. This form proves that your investment remained in place, the project created the required jobs, and you followed all program rules.

8. Obtain an Unconditional Green Card

Once Form I-829 is approved, you will receive a 10-year Green Card with full permanent residency rights. At this point, you have no conditions tied to your investment. You are free to live, work, and travel like any other permanent resident.

Best Practices When Transitioning From OPT to EB-5

Choosing to move from OPT to EB-5 requires understanding the program’s rules, preparing documentation, and working with EB-5 professionals who know the process well. The following are some tips to remember to ensure a smooth and successful transition:

• Be timely and plan strategically: It is best to initiate your EB-5 application as early as possible during your OPT. Since the process has multiple steps, early planning is the best buffer against delays and other unseen issues that might arise.
• Consult an immigration attorney: The U.S. immigration laws have some complexities that require specialized knowledge. By working with an experienced EB-5 immigration attorney, you can prevent costly mistakes and improve the likelihood of success.
• Track visa bulletin and EB-5 availability regularly: The EB-5 visa is subject to annual caps, and availability depends on your country of birth. Monitor the monthly visa bulletin from the U.S. Department of State to ensure your priority date is current. Staying informed helps you time your I-485 filing accurately and avoid unnecessary delays.

Transitioning From OPT to a Green Card Is Easier With EB5AN

Moving from an F-1 visa with OPT to a Green Card through the EB-5 program is a huge step that gives you control over your future. However, because the process can be complex, you need to consult with immigration professionals every step of the way.

If you are an international student and a U.S. Green Card is your goal, EB5AN can help you bring that dream to life. Our expert team has helped more than 2,700 families from over 70 countries relocate to the United States as lawful permanent residents. With over 10 years of experience, we are committed to helping you build a stable and independent life in the U.S.

To learn more about how you can take advantage of the EB-5 program to become a citizen of the United States, book a free call with us today.

Learning about the difference between immigrant and non-immigrant visas is the first step to choosing the right U.S. visa for your goals. Whether you’re planning a short visit or aiming to become a permanent resident, your visa category determines how long you can stay and what you’re allowed to do in the United States.

From tourist and student visas to employment-based Green Cards, the U.S. immigration system offers a wide range of visa types, each with its own rules, benefits, and limitations. Making the right choice matters, especially if you’re hoping to extend your stay or adjust your status in the future.

In this guide, we’ll break down the key differences between U.S. immigrant and non-immigrant visas, explore the most common options, and help you determine which one fits your situation best.

What Is an Immigrant Visa?

An immigrant visa is a U.S. visa that allows a foreign national to live and work permanently in the United States. Individuals who receive an immigrant visa are granted lawful permanent resident status, which means they can stay in the U.S. indefinitely and eventually apply for U.S. citizenship, if eligible.

Immigrant visas are intended for people who plan to make the U.S. their long-term home. After entering the country with this visa, recipients are typically issued a Green Card. This gives them the right to work for any employer, own property, attend school, and enjoy most of the rights U.S. citizens do, except voting.

Types of Immigrant Visas

Immigrant visas are usually given for reasons like work, family, or humanitarian protection. Each type of immigrant visa has its own rules, and you must qualify based on those requirements. Let’s take a closer look at each one.

1. Employment-Based Immigrant Visas (EB Visas)

EB visas are for individuals who have job skills needed in the U.S. economy. They typically require sponsorship from a U.S. employer and may involve a labor certification process.

• EB-1 Visa: For individuals with extraordinary ability in fields like science, arts, education, business, or athletics. Also, the EB-1 visa is available to outstanding professors, researchers, and multinational executives.
• EB-2 Visa: For professionals with advanced degrees or exceptional ability. A job offer and labor certification are usually required unless applying for a National Interest Waiver.
• EB-3 Visa: For skilled workers, professionals, and other labor positions. Requires a full-time job offer and labor market testing.
• EB-5 Visa: For investors who invest a qualifying amount in a U.S. business that creates at least 10 full-time jobs. This is a direct path to a Green Card through economic contribution.

2. Family-Based Immigrant Visas

Family-based immigrant visas allow U.S. citizens and lawful permanent residents to bring close family members to live in the United States permanently. There are two main categories of family-based visas:

• Immediate relative visas: Reserved for the closest family members of U.S. citizens, including their spouses, unmarried children under the age of 21, and parents. These visas are not subject to annual limits and are typically processed faster.
• Family preference visas: Designed for more extended family relationships, such as adult children (married or unmarried) and siblings of U.S. citizens. This category also includes the spouses and unmarried children of lawful permanent residents. Unlike immediate relative visas, these are subject to yearly caps, which can lead to longer waiting times.

3. Diversity Visa (DV) Lottery

The Diversity Visa Lottery, also known as the Green Card Lottery, gives people from countries with low immigration rates a chance to live in the United States. Each year, the U.S. government selects about 55,000 people randomly from eligible countries.

To qualify, you must be from an eligible country and have at least a high school education or two years of work experience in a qualifying job. If chosen, you and your eligible family members can apply for a Green Card. The DV Lottery is free to enter, but it is important to follow instructions carefully and avoid scams.

4. Refugee or Asylee Status

These humanitarian visa options are for people fleeing persecution or danger in their home countries. The U.S. grants refugee or asylee status based on fear of persecution related to race, religion, nationality, political opinion, or group membership.

• Refugees apply from outside the U.S. and must be approved before entering.
• Asylees apply from within the U.S. or at a port of entry.

After one year in the U.S., both groups become eligible to apply for a Green Card.

What Is a Non-Immigrant Visa?

A non-immigrant visa is a temporary U.S. visa that allows foreign nationals to enter the country for a limited time and for a specific purpose, such as tourism, business, study, or short-term employment. Unlike immigrant visas, non-immigrant visas do not lead to permanent residency or a Green Card.

To qualify, applicants typically must prove that they intend to return to their home country after their visit. These visas have fixed durations and conditions, and violating them can result in visa revocation or future entry bans.

Types of Common Non-Immigrant Visas

The U.S. offers a wide range of non-immigrant visas, each designed for different activities. Below are some of the most common categories.

1. Visitor Visas (B-1/B-2)

Visitor visas are among the most commonly issued non-immigrant U.S. visas. Whether you’re attending business meetings or simply sightseeing, the B-1 and B-2 visa categories allow foreign nationals to enter the United States for short-term purposes without seeking employment.

• B-1 Visa: For business-related travel, such as attending meetings, conferences, or contract negotiations. Employment or payment in the U.S. is not allowed.
• B-2 Visa: For tourism, visiting family, or receiving medical treatment. This visa also prohibits employment and typically allows stays of up to six months.

2. Student Visas

The two main types of student visas that allow foreign students to study in the U.S. include the F-1 and M-1 visas. The F-1 visa is for academic students. It covers programs at colleges, universities, high schools, language schools, and other academic institutions. The M-1 visa is for vocational or technical programs, such as culinary schools or mechanical training.

3. Exchange Visitor Visas (J-1)

The J-1 visa is for people taking part in approved exchange programs. These programs help promote cultural and educational exchange between countries. You may qualify for a J-1 visa if you are a student in a short-term exchange program, a research scholar, or a medical trainee. Some J-1 visa holders must spend two years outside the U.S. before applying for certain other visas, especially if they received government funding.

4. Temporary Work Visas

The U.S. offers several types of temporary work visas for foreign professionals and company transfers. These non-immigrant employment visas, including the H-1B and L-1 visas, are employer-sponsored and allow skilled workers to contribute to the U.S. labor market for a set period.

• H-1B Visa: For skilled professionals in specialty occupations
• L-1 Visa: For employees of international companies transferring to a U.S. office. Includes:
  • L-1A: For executives and managers
  • L-1B: For employees with specialized knowledge

Both visas allow dependent family members to accompany the visa holder, with spouses often eligible for work authorization with certain limitations.

5. E-2 Visa

The E-2 visa is for nationals of treaty countries who invest a substantial amount of capital in a U.S. business. It does not lead to a Green Card, and only nationals of certain countries with a treaty with the U.S. can benefit from this visa option.

Immigrant vs. Non-Immigrant Visa: Key Differences Compared

When comparing immigrant and non-immigrant U.S. visas, the primary difference lies in the intended duration and purpose of your stay. Here’s a quick breakdown of how the two categories compare:

Understanding which visa best fits your goals, whether it’s a brief visit or long-term relocation, will help you avoid costly mistakes and immigration delays.

Can You Change a Non-Immigrant Visa to an Immigrant Visa?

Yes, it is possible to change from a non-immigrant visa to an immigrant visa, but only under specific conditions. This process is known as adjustment of status if you’re already in the U.S.

For example, someone on a student visa (F-1) who later secures a qualifying job offer might become eligible for an employment-based immigrant visa like the EB-2 or EB-3. Similarly, a person visiting the U.S. on a B-2 tourist visa who marries a U.S. citizen may apply for a family-based Green Card.

However, many non-immigrant visas require applicants to demonstrate non-immigrant intent, which is a promise to return home after their temporary stay. If immigration officers believe your original intent was to immigrate all along, your adjustment could be denied and may affect your ability to reenter the U.S.

To avoid these risks, it’s important to consult an immigration attorney who can assess your specific visa history, intentions, and eligibility before beginning the adjustment process.

How EB5AN Can Help You Become a U.S. Permanent Resident

Choosing the right visa is just the first step. Navigating the U.S. immigration system takes strategy, preparation, and trusted guidance. If your long-term goal is to live in the United States, the EB-5 immigrant investor visa may offer one of the most direct and rewarding paths to permanent residency.

At EB5AN, we specialize in helping foreign investors secure Green Cards through the EB-5 program. Our team has assisted over 2,700 families from more than 70 countries in achieving permanent residency in the U.S.

Whether you’re exploring immigrant visa options for the first time or looking for a smoother path to U.S. residency, EB5AN is here to guide you every step of the way. Book a free consultation today.

The United States remains a top choice for international students and professionals in science, technology, engineering, and math, commonly known as STEM fields. However, for many people, staying long-term can be challenging. Many visa programs have strict rules, time limits, or uncertain outcomes.

People often have to plan their lives around visa renewals, lotteries, or changing immigration laws. Luckily, the EB-5 Immigrant Investor Program offers another way to get permanent residency in the U.S. While it is not traditionally seen as a route for STEM students or workers, it can be a strong solution if you want a more stable future in the U.S.

In this article, we will explain how the EB-5 program works and how it can support a career in STEM.

Why STEM Professionals Choose the U.S.

For students and professionals in STEM, the U.S. provides both short-term and long-term benefits. Here is an overview of why many people choose the U.S. for this career path:

• Top universities: The U.S. is home to many of the world’s top universities, especially in fields like engineering, computer science, and biomedical research. These schools offer access to expert professors, modern labs, and strong networks of alumni.
• Research and innovation: The U.S. leads the world in scientific research and development. It supports research through both public and private funding, and it offers many opportunities for students and professionals to take part in new discoveries and product development.
• Strong job market: Many U.S. companies are leaders in technology, healthcare, energy, and other STEM fields. These companies often seek skilled workers, and they offer jobs with good pay, benefits, and career growth.
• Diverse environment: The U.S. offers a diverse and inclusive environment. People from all over the world come to study and work in the U.S., making it easier to build communities and professional networks.

Most Common Paths to STEM Careers in the U.S.

There are several ways for international students and workers to build STEM careers in the U.S. The most common paths include:

Studying in the U.S. With an F-1 Visa

The F-1 visa is designed for international students pursuing full-time studies at U.S. institutions approved by the Student and Exchange Visitor Program (SEVP). To qualify, applicants must demonstrate sufficient financial resources to cover tuition and living expenses, along with clear intent to return to their home country after completing their education.

F-1 students must maintain academic progress and comply with strict employment regulations. During the first academic year, work is limited to on-campus positions. Afterward, eligible students may apply for off-campus employment through Curricular Practical Training (CPT) or Optional Practical Training (OPT).

OPT permits up to 12 months of work in a field directly related to the student’s major. Those with degrees in STEM fields may qualify for an additional 24-month OPT extension. However, the F-1 visa does not offer a direct path to permanent residency. Once OPT ends, students must either depart the U.S. or transition to another visa category, such as the H-1B.

Working in the U.S. With an H-1B Visa

The H-1B visa enables U.S. employers to hire foreign professionals for roles that require specialized knowledge and at least a bachelor’s degree. It’s widely used in high-demand sectors such as technology, engineering, and biotech. To apply, a U.S. company must sponsor the worker and submit a petition to U.S. Citizenship and Immigration Services (USCIS).

Eligible positions must require a relevant degree, and employers are obligated to pay a prevailing wage based on the job location and industry standards. The initial H-1B visa is valid for three years, with the option to extend it to a maximum of six years.

Each fiscal year, USCIS issues 85,000 new H-1B visas—65,000 for applicants with a bachelor’s degree and an additional 20,000 for those who hold a master’s degree or higher from a U.S. institution. Because the number of applications far exceeds the cap, USCIS uses a lottery system to randomly select applicants, leaving many qualified individuals without a visa.

Since the H-1B is employer-specific, changing jobs requires your new employer to file a new petition. If your employment ends, you typically have a 60-day grace period to find a new sponsor or leave the country.

How the EB-5 Visa Works

The EB-5 Immigrant Investor Program was created by the U.S. government in 1990. It allows foreign nationals to become permanent residents by investing in a U.S. business that creates jobs. The main goal of the program is to support the U.S. economy by encouraging investment and job growth.

To qualify for the EB-5 program, you must meet a few main requirements:

• Investment amount: You ordinarily must invest at least $1,050,000 in a new commercial enterprise (NCE). If the business is located in a targeted employment area (TEA), the minimum investment is $800,000.
• Job creation: Your investment must lead to the creation of at least 10 full-time jobs for U.S. workers.
• At-risk investment: The money you invest must remain at risk for the purpose of generating a return.
• Lawful source of funds: You must show that your investment funds come from a lawful source. This can include income, savings, property sales, or gifts.

Keep in mind that the EB-5 program allows you to include your spouse and unmarried children under 21 in your application. The dependents of an EB-5 Green Card holder can also live, study and work freely in the U.S.

Why the EB-5 Visa Is Better Than F-1 and H-1B

The F-1 visa comes with shortcomings like no direct path to permanent residency, limited work rights, and high pressure to find an employer to sponsor you after your OPT expires. Similarly, getting an H-1B visa comes with a lot of uncertainty as it largely depends on a lottery system. Even after securing your visa, your fate is tied to your employment status.

Here’s why the EB-5 visa is a stronger option than F-1 and H-1B.

EB-5 Advantages Over F-1

While F-1 students are allowed to work on campus only for a few hours per week, EB-5 Green Card holders are free to take up any off-campus job to obtain valuable work experience even while studying. This significantly impacts their prospects in the job market once they complete their course.

In fact, many employers prefer hiring candidates with Green Cards over those requiring visa sponsorship, as it simplifies the hiring process and reduces costs. With a Green Card, students can choose to work for any employer, freelance, launch start-ups, lead research initiatives, or engage in other unrelated activities to generate extra income.

EB-5 Advantages Over H-1B

The EB-5 visa offers a lifeline to H-1B workers, especially with possible job layoffs, and uncertainty in some industries and organizations, like tech start-ups. Unlike the H-1B, the EB-5 visa does not require a sponsor and gives holders the freedom to work for any employer or be self-employed.

This flexibility is especially valuable for STEM professionals who want to start a business, switch jobs, or explore different roles without risking their immigration status. EB-5 holders gain permanent resident status, which allows them to work in any U.S. state, launch start-ups, or move easily between jobs to grow their careers.

In contrast, H-1B holders must work in the specific role and field approved under their visa. They face strict limits on self-employment and freelance work, which can put them at risk of violating visa rules.

Benefits of the EB-5 Visa for STEM Students and Workers

The EB-5 program gives you a direct path to a Green Card without relying on employers, job offers, or visa lotteries. Below is a highlight of the key benefits of EB-5 for STEM students and professionals:

• Permanent residency: EB-5 leads directly to a Green Card. It allows individuals to live, work, and study in the U.S. without needing additional sponsorship. They also become eligible for almost all healthcare and social benefits available to U.S. citizens.
• Work and study freedom: EB-5 Green Card holders can work in any field or company. With easy access to the U.S. education system, EB-5 Green Card holders can enroll in prestigious U.S. institutions and save substantially on tuition. Moreover, they are not tied to a specific employer or location.
• No lottery: Unlike the H-1B, the EB-5 does not involve a random selection process. If you meet the investment and job creation rules, you can qualify.
• Fewer restrictions: EB-5 Green Card holders can start their own business, go back to school, or change careers without affecting their status. Since there is no restriction on international travel, they enjoy easy access to many countries. This allows them to expand their networks and leverage international opportunities.
• Family benefits: The investor’s spouse and unmarried children under 21 can also get Green Cards and enjoy its benefits through the same application.

How to Use EB-5 to Build Your STEM Career

The EB-5 process takes planning, resources, and a clear understanding of the steps involved. While it is a strong path to permanent residency, it requires careful preparation and well-informed choices. Here is a step-by-step look at how to build your STEM future with EB-5:

• Choose a qualified EB-5 project: To qualify for the lower investment amount, choose a project in a TEA. Make sure the project has a strong plan to create at least 10 full-time jobs for U.S. workers. Working with a trusted regional center can make it easier to meet program rules and reduce risk.
• Prove legal source of funds: You must provide full documentation, including bank statements, tax records, and legal agreements, to show the source of funds and the path of money from your account to the EB-5 project.
• File Form I-526E: The Form I-526E is the official EB-5 petition for regional center investors. It includes proof of investment, project information, job creation plans, and documents showing a lawful source of funds. Once USCIS approves the petition, you can apply for a Green Card.
• Apply for a conditional Green Card: If you are already in the U.S., you file Form I-485 to adjust your status. You may save time at this stage by filing this form at the same time as your Form I-526E, your employment authorization document, and your travel permit. More details on this process can be found below.

If you are outside the U.S., you go through consular processing to apply for an immigrant visa. Once approved, you receive a conditional Green Card valid for two years.

• File Form I-829 to remove conditions: Within 90 days before the two-year Green Card expires, you must file Form I-829. This form proves that your investment met the program’s requirements. Once USCIS approves the I-829, you receive a permanent Green Card.
• Apply for U.S. citizenship: After five years as a Green Card holder, which includes the initial two years as a conditional permanent resident, you can apply for U.S. citizenship.

Transitioning From F-1 or H-1B to EB-5

For eligible foreign nationals already in the United States on a nonimmigrant visa, such as H-1B or F-1, transitioning to EB-5 has never been easier. This is because the EB-5 Reform and Integrity Act of 2022 (RIA) introduced the EB-5 concurrent filing option mentioned above. With it, you can file your Form I-526E and the petition for adjustment of status (Form I-485) simultaneously.

Once both petitions are filed, your legal status shifts to “pending adjustment,” allowing you to stay in the United States even if your nonimmigrant visa is terminated. You can also apply for work and travel permits, which are generally approved within weeks.

This way, the concurrent filing provision allows you to live, work, study, and travel without restrictions. In other words, you enjoy most Green Card benefits before you actually receive it.

Secure Your Career in STEM With EB5AN

Temporary visas like F-1 and H-1B can be useful for building a career in STEM in the U.S., but they come with limitations. In contrast, the EB-5 program gives you more control over your future, which allows you to make long-term plans for your career, life, and family.

As a leading EB-5 firm with over a decade of experience, EB5AN has helped thousands of foreign nationals across over 70 countries become lawful permanent residents of the United States. If you are considering the EB-5 program to secure your future in STEM, our team of experts is here to help you explore your options and move forward with confidence. Feel free to book a one-on-one call with us today.

Starting or growing a business in today’s economy takes more than just a great idea. Entrepreneurs must look for new markets, stable legal systems, and supportive environments for long-term growth and security. The United States offers all of these, making it a top destination for business owners worldwide.

The EB-5 program allows foreign nationals to invest in the U.S. economy and apply for a Green Card. It gives entrepreneurs and their families a chance to live and work in the United States while running or expanding their businesses.

In this article, we will explain how entrepreneurs can use the EB-5 program to expand their businesses into the U.S. market.

Why Entrepreneurs Choose the U.S. for Global Expansion

From small startups to large companies, entrepreneurs around the world see the U.S. as a place where ideas can grow into successful ventures. The reasons for this include:

• Massive and Diverse Consumer Base: With over 330 million residents and one of the world’s highest consumer spending rates, the U.S. market provides unmatched potential for product testing, brand growth, and customer acquisition. Its cultural diversity also allows entrepreneurs to tailor their offerings to multiple audiences within a single country.
• A Stable and Transparent Legal System: Entrepreneurs value predictability, and the U.S. delivers with strong legal protections for businesses, contracts, and intellectual property. This creates a reliable environment for foreign investors to operate and grow without fear of arbitrary policy changes or business disruptions.
• Innovation-Driven Economy: Home to global tech giants, research institutions, and startup incubators, the U.S. fosters innovation like few other places. Entrepreneurs entering this space gain access to cutting-edge technologies, forward-thinking talent, and collaboration opportunities across industries.
• Business Infrastructure That Supports Growth: From digital infrastructure to logistics, the U.S. is built for scale. Reliable internet, advanced banking systems, global supply chains, and access to venture capital make it easier for businesses to establish a solid operational foundation.
• Global Credibility and Expansion Gateway: Being based in the U.S. enhances a company’s global reputation. It signals compliance, quality, and trust, essential factors that help open doors to partnerships, funding, and international markets like Canada, Europe, and Asia.

Who Is the EB-5 Visa Best Suited For?

The EB-5 Immigrant Investor Program is a powerful tool best suited for entrepreneurs who want more than just temporary access to the U.S. market. It’s designed for global individuals who are ready to invest in growth, secure long-term residency, and gain the freedom to build a future in one of the world’s most competitive economies.

You may be a strong fit for the EB-5 program if you:

• Own or manage a business abroad and want to expand into the U.S.
• Have access to investment capital, $800,000 in a targeted employment area or $1,050,000 elsewhere, and are ready to meet the EB-5 job creation requirements.
• Prefer independence over relying on an employer, family member, or sponsor to gain immigration status.
• Want to bring your family to the U.S. and give your children access to U.S. education and career opportunities.
• Seek permanent residency, not just a temporary work visa that needs frequent renewals or employer sponsorship.

Whether you plan to launch a new venture or invest in an existing U.S. project through a regional center, the EB-5 visa offers the flexibility and permanence many entrepreneurs need to scale with confidence.

Why the EB-5 Visa Is Ideal for Business Owners

Unlike temporary work visas that come with restrictions, renewals, or employer dependence, the EB-5 visa gives entrepreneurs long-term control, freedom, and security. It’s specifically designed to reward those willing to invest in the U.S. economy, while offering a path to permanent residency for both the investor and their immediate family.

Here are key reasons why the EB-5 visa stands out for business owners:

1. No Sponsorship Required

You don’t need a job offer, employer petition, or family sponsor. As an entrepreneur, you maintain full independence and can structure your business however you see fit, from industry and location to ownership model and growth strategy.

2. Full Control of Your U.S. Presence

With a Green Card, you’re free to live, work, and run your business anywhere in the U.S. This flexibility is ideal if you want to move between cities, open multiple locations, or relocate based on market trends.

3. Legal Stability and Long-Term Planning

Unlike non-immigrant visas that may expire or change with policy shifts, the EB-5 visa provides a stable foundation. Once you meet the program’s requirements, you receive a conditional Green Card, followed by permanent residency, and eventually, U.S. citizenship if desired.

4. Benefits for Your Entire Family

Spouses and unmarried children under 21 are included in your EB-5 application. Your family can live and work in the U.S. Also, your children have access to world-class education and may qualify for in-state tuition and financial aid at public universities.

5. No Day-to-Day Involvement (if preferred)

If you invest through a regional center, you don’t need to manage the business directly. The regional center handles job creation compliance, freeing you up to focus on your own ventures or diversify your investments.

Step-by-Step Guide to Using EB-5 for Business Expansion

When you choose to begin the EB-5 process to ultimately grow your business, it is advisable to work with professionals so they can guide you to success. Here is an overview of how to get started.

• Choose your investment path: You must decide whether you want to make a direct investment or invest through a regional center like the overwhelming majority of all EB-5 investors. Make sure you select a project that fits your goals, time, and experience.
• Find a project or start a business: If you use a regional center, you should conduct due diligence by reviewing their available projects. Check if the project has clear financials and job creation models. If you choose direct investment, you will need to build your own business plan and prepare to hire U.S. workers directly, in addition to handling complex paperwork.
• Prepare and transfer funds: Next, get your funds ready for transfer. You will need to gather documents that show where the money came from. Once your documents are ready, with full proof that your money is legal, transfer the funds to the NCE’s account.
• File Form I-526E: After transferring the funds, you must file Form I-526E with U.S. Citizenship and Immigration Services (USCIS). This form tells the U.S. government that you have complied with the EB-5 program’s requirements.
• Apply for a conditional Green Card: Once your petition is approved, you can apply for your conditional green card through adjustment of status if you are already in the U.S. Alternatively, you can go for consular processing if you are outside the U.S. When approved, you and your family receive Green Cards valid for two years.
• Monitor business and job creation: For at least two years, you must keep the investment in the business and follow the job creation plan. Track employee records, business activity, and revenue for your next petition. Your EB-5 team and immigration attorney can handle these details on your behalf.
• File Form I-829: Before the two years expire, you must file Form I-829 to remove the Green Card conditions. This form shows that your investment remained in place and created the required jobs. If approved, you and your family (spouse and children under 21) will receive permanent Green Cards.

Unlock U.S. Market Potential With EB5AN

As an entrepreneur, the EB-5 visa can earn you a U.S. permanent residency while expanding your business into one of the world’s largest economies. However, success with the EB-5 program requires more than just a capital investment. Many steps require professional help, from choosing the right project to filing the correct forms on time. This is where EB5AN can help.

We have guided over 2,700 families from more than 70 countries to becoming U.S. permanent residents via the EB-5 process. If you’re ready to explore how the EB-5 program can unlock your business goals, feel free to book a one-on-one call with our team.

The EB-5 Immigrant Investor Program allows foreign investors to get a U.S. Green Card by investing in a U.S. business. However, they must prove that their investment funds come from legal sources. This process is called the source of funds requirement. It helps U.S. Citizenship and Immigration Services (USCIS) ensure that investors are not using funds from illegal activities.

Most foreign nationals understand that they need to provide documents to support the source of their funds. However, there are a few more details to keep in mind that can make the application process easier.

In this article, we will discuss some additional considerations that can make a huge difference when proving your EB-5 source of funds.

Understanding the Basics of the Source of Funds Requirement

To meet the EB-5 program’s rules, an investor must invest at least $1,050,000 in a new commercial enterprise (NCE), or $800,000 if the NCE is in a targeted employment area. Considering this money must come from lawful sources, USCIS wants to see a clear path showing how you earned, saved, or received the money.

Some of the most common lawful sources include:

• Income from a job or business.
• Proceeds from the sale of real estate or property.
• Inheritance.
• Gifts.
• Loans backed by assets.

Each of these sources comes with its specific documentation, and you must submit it along with your I-526E petition. For example, if the money came from a job, USCIS wants to see tax returns and pay stubs. If the money came from selling property, you will need to provide sale agreements and proof of ownership.

Additional Considerations to Keep in Mind

Sometimes, proving the source of funds is not just about having the right documents. The details behind those documents also matter because USCIS looks for a full and clear story. As such, you may face delays or denials if you leave out key details. That’s why it’s important to keep the following in mind.

1. You Might Need Your Currency Exchange Record

Many investors have to move money from their home country to the U.S., which involves currency exchange. If you use a bank to do this, it is easier to track since you can show bank statements that prove when and how the exchange took place. However, in some countries, official currency exchange may not be available or allowed.

In this case, you may use unofficial channels, such as money changers, who do not offer standard receipts. When USCIS sees these transfers, they may request more details or reject the funds as unverifiable. To avoid problems, you can keep records of:

• The currency exchange rate at the time of the transfer.
• The full amount exchanged.
• The person or business that handled the transaction.
• Any proof of exchange, such as a receipt, invoice, or written agreement.

2. Have a Clear Paper Trail for Joint Bank Accounts

Some investors share bank accounts with family members. This can make the source of funds less clear. For example, if a husband and wife share an account, USCIS may want to know whose income funded the investment.

Therefore, you should explain who owns the account, who deposited the funds, and where the funds originally came from. In this case, having a clear statement or letter from both account holders can help. It should show agreement and confirm who is using the shared funds for the EB-5 investment.

3. You Can Use Multiple Sources of Funds

Many investors use more than one source of funds. For instance, you can use your savings or sell a property. When this happens, you have to provide full documentation of each source because it’s not enough to just show the total investment amount.

The use of loans is also allowed, as long as they are secured by your assets. Unsecured loans, on the other hand, often face a deeper level of scrutiny. To keep things clear, break down your total investment into parts, label which documents support each source, and provide a timeline of events. This approach helps USCIS review the information faster and with fewer questions.

4. Gifted Funds Are Allowed

Some investors use gifted funds from a parent, friend, or family member. This is allowed, but USCIS still requires clear information on where the giver got the funds for the gift. So, both the giver and the receiver must provide the following documents:

• A signed letter that shows the relationship and confirms the gift.
• Proof that no repayment is expected.
• Records showing how the gift was transferred.

The giver must also have their own source of funds documents. This could include job records, bank statements, or sale agreements.

5. The Timing and Age of Your Document Matter

While your documents must cover the full timeline of the fund’s journey, they must also be recent enough to show that the information is still valid. Typically, your tax returns should span across seven years.

If you’re from a country where tax returns are not required, you will need audits from certified accountants and affidavits. Your bank statements should cover the months before and after key transfers. Additionally, property sale records should match the date the money entered the account.

If you are using inherited funds, you will need inheritance statements and tax records to prove their legality. You may have to rely on indirect evidence such as affidavits, letters from former employers, and government property publications. In any case, proving a legal source of funds requires the assistance of an experienced EB-5 immigration attorney.

6. Your Non-English Documents Should Be Translated

Original documents written in another language must be translated. This rule applies to all supporting materials, including bank statements, contracts, tax returns, and legal documents. There should be a full translation of the entire document, a certificate signed by the translator, and a statement that the translator is fluent in both languages.

7. You Can’t File Form I-526E Based on Future Funds

All EB-5 investment funds must be fully invested or in the process of being invested at the time you file Form I-526E. You cannot rely on money that you plan to earn or receive in the future. Although partial investments are allowed, it’s different from future funds. A partial investment is permissible when you need more time to liquidate your assets or receive dividends from other investments. In this case, you already have the funds but need time to make them available.

8. USCIS Can Still Request Further Evidence After I-526E Approval

Approval of your Form I-526E does not always guarantee a smooth path forward. USCIS can still ask for more information about your source of funds at later stages. This can happen during consular processing or when you file Form I-829 to remove conditions on your EB-5 Green Card. So, always keep your financial records complete, organized, and consistent. Additionally, be ready to provide follow-up documentation when necessary.

Partner With EB5AN for a Seamless EB-5 Process

Proving the lawful source of your funds is one of the most important, and often most complex, parts of the EB-5 process. Even if the general guidelines seem straightforward, preparing clear, accurate documentation that meets USCIS standards takes time, attention to detail, and a deep understanding of what’s required.

That’s why working with experienced EB-5 professionals makes all the difference. At EB5AN, we’ve helped more than 2,300 families from over 70 countries successfully navigate the EB-5 process and achieve permanent residency in the United States.

If you want to avoid costly delays or unnecessary complications, we’re here to help. Book a free consultation with our expert team today and take the next step in your EB-5 journey.

While the EB-5 visa process follows the same basic steps for all applicants, your country of birth can significantly affect how long it takes to obtain a Green Card. Investors from oversubscribed countries, such as China and India, often face visa backlogs and extended wait times. In contrast, nationals from low-demand countries typically enjoy faster processing, fewer delays, and more immediate access to available visas.

Changes introduced by the EB-5 Reform and Integrity Act of 2022 (RIA) have further expanded the opportunities for these investors, creating new visa set-aside categories and streamlining the process for those who qualify.

In this article, we’ll explore how the EB-5 process works for nationals of low-demand countries, highlight the unique advantages they enjoy, and explain why now may be one of the best times to apply.

The EB-5 Immigrant Investor Program, established by the U.S. Congress in 1990, was designed to stimulate the U.S. economy through foreign investment and job creation. Under this program, eligible investors can obtain permanent U.S. residency by investing in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers.

There are two standard investment thresholds, depending on where the project is located:

• $1,050,000 for investments in standard locations.
• $800,000 for projects located in targeted employment areas (TEAs), which include rural regions and areas with high unemployment.

If an investor fulfills all program requirements, including the investment amount, job creation criteria, and documentation of lawful source of funds, they, along with their spouse and unmarried children under age 21, become eligible to apply for U.S. Green Cards.

What Are Low-Demand Countries?

A low-demand country is one where the number of people applying for the EB-5 visa is much lower than the annual visa limit set for each country. Under the EB-5 program, the U.S. government allocates approximately 7% of the total available EB-5 visas each year to applicants from a single country, but not all countries reach this cap.

In a low-demand country, the number of EB-5 applicants is usually far below the annual limit. This gives investors from these countries advantages such as shorter wait times and no visa backlogs. Examples of low-demand countries include Canada, Germany, South Africa, Australia, Brazil, and many others in Europe, Africa, and Latin America.

While visa retrogression is always a possibility if demand unexpectedly surges, most low-demand countries have not historically faced this issue. On the other hand, countries like China and India often face visa retrogression and backlogs because they typically reach or exceed their visa limits.

Advantages for Nationals of Low-Demand Countries

Nationals from low-demand countries enjoy several important advantages when applying for an EB-5 visa. Because their countries have fewer applicants, they typically avoid many of the challenges faced by investors from high-demand countries like China or India. This can make the EB-5 process faster, simpler, and more flexible. Some of the key advantages include:

• Faster Visa Processing: With fewer applicants competing for visas, investors from low-demand countries often experience significantly shorter wait times at both the I-526E petition stage and during visa issuance.
• Immediate Access to All Visa Categories: Investors can choose freely among unreserved visas and set-aside categories (such as rural or high-unemployment TEA projects) without worrying about backlog restrictions.
• Higher Predictability and Lower Risk of Retrogression: Because their countries rarely reach the visa cap, investors from low-demand countries face a much lower risk of retrogression or delays in their immigration timeline.
• Greater Flexibility in Investment Planning: Without long waiting periods, investors can better coordinate their immigration plans, educational opportunities for children, and business ventures in the U.S.

While no EB-5 investor is completely immune to future changes in demand, nationals from low-demand countries are currently in a highly favorable position to complete the process efficiently and secure U.S. permanent residency with fewer obstacles.

Step-by-Step EB-5 Process

The EB-5 visa process for low-demand country investors follows the same steps as other applicants. However, since fewer people are applying, investors may enjoy shorter waiting times. Below is a guide to each step:

1. Select a Qualifying Investment Project

With no backlog or retrogression in any categories, investors from low-demand countries can choose their preferred investments. This includes direct investments and regional center projects, without concern for long waits or cutoff dates.

With a direct investment, you invest in your own business and actively manage it to ensure it creates at least 10 full-time jobs for U.S. workers. In contrast, a regional center project lets you invest through a USCIS-approved regional center. This option allows you to take a more passive role in the investment, in addition to other benefits.

2. Prove the Legal Source of Funds

Before you invest, you must gather and organize proof that your investment money comes from legal sources. U.S. Citizenship and Immigration Services (USCIS) checks this closely to ensure the funds were obtained through lawful means. You can use many legal sources such as salary savings, sale of property, loans backed by assets, gifts from family, or profits from a business.

If you use multiple sources of funds, you must explain how each one fits into your full investment amount. You are expected to show clear records like tax returns, bank statements, sale contracts, and loan documents.

3. File Form I-526E

After selecting your project and preparing the documents for your source of funds, you must file Form I-526E. This form tells the government that you want to become an EB-5 investor and have invested or are actively investing in a qualified U.S. project.

Once you submit the form, you will receive a receipt notice. From this point, your case is under review. If you are from a low-demand country, your wait for approval may be shorter than applicants from high-demand countries.

After you file your petition, USCIS will review your documents and project details to ensure they meet all EB-5 requirements. Under the EB-5 Reform and Integrity Act of 2022, there are set-aside visa categories for rural and high-unemployment projects, which currently have no backlogs.

Rural TEA projects offer priority processing, with some I-526E petitions being approved in as little as 10 months. If more information is needed, you may receive a Request for Evidence (RFE). You will then need to provide additional documents that support your case.

4. Apply for a Green Card

If you live outside the United States, you must apply for an immigrant visa at a U.S. consulate. This process is called consular processing, which involves you attending an interview, providing biometrics, and submitting medical and civil records.

If you already live in the U.S. on another valid visa, you may apply for adjustment of status by filing Form I-485. This lets you change your status to a conditional permanent resident without leaving the country. For low-demand countries, visa availability is generally not an issue, making concurrent filing (Form I-526E + Form I-485 + work and travel permits if needed) more practical.

5. Conditional Green Card and Job Creation Requirements

After your EB-5 petition is approved and you either receive your immigrant visa or adjust your status, you and your family will be issued conditional Green Cards valid for two years. During this conditional period, your investment must fulfill the EB-5 program’s key requirement: creating at least 10 full-time jobs for qualified U.S. workers.

These jobs do not need to exist immediately at the time of your Green Card issuance. They can be created at any point during the two-year conditional residency period, as long as the job creation is completed by the time you file your Form I-829 petition to remove conditions.

6. File Form I-829 to Remove Conditions

Before your two-year conditional Green Card expires, you must file Form I-829 with U.S. Citizenship and Immigration Services (USCIS) to request the removal of the conditions on your permanent residency. To qualify, you must demonstrate that your EB-5 investment remained in the project, stayed at risk, and resulted in the creation of the required number of full-time U.S. jobs.

When filing Form I-829, you will need to submit updated business records, evidence of job creation (such as payroll reports or tax documents), and proof that your investment funds continued to be committed to the project throughout the two-year period.

Once your I-829 petition is approved, you and your eligible family members will become full, unconditional lawful permanent residents of the United States.

Secure Your Green Card Faster With EB5AN

While the EB-5 process can seem complex, nationals of low-demand countries often enjoy a smoother and faster path to U.S. permanent residency. However, success still depends on following every step carefully: choosing a compliant project, properly documenting your source of funds, and meeting all program requirements. Partnering with experienced EB-5 professionals can help you avoid mistakes and improve your chances of success.

At EB5AN, we have successfully helped over 2,300 families from more than 70 countries achieve their dream of relocating to the United States through the EB-5 program.

If you would like personalized guidance or a professional review of your EB-5 strategy, schedule a free one-on-one consultation with our expert team today.

Selecting the right EB-5 visa category is one of the most important decisions you’ll make in your EB-5 journey. It directly impacts how quickly you might receive your U.S. Green Card, how long your petition may take to process, and even your likelihood of recovering your investment.

With the introduction of the EB-5 Reform and Integrity Act of 2022, investors have access to multiple visa categories, each with its own advantages, limitations, and eligibility rules. While these new pathways offer greater flexibility, they also require careful consideration to ensure they align with your immigration goals, financial situation, and timeline.

In this article, we’ll walk through the different types of EB-5 visa options and explain how you can choose the one that best fits your long-term plans.

Categories of EB-5 Investments

On March 15, 2022, the EB-5 Reform and Integrity Act of 2022 (RIA) introduced the reserved visa types, as opposed to the regular “unreserved” ones. These categories affect how fast investors may receive Green Cards, especially those from countries with high EB-5 demand. Below is an overview of each of them.

Unreserved EB-5 Visas

Unreserved visas follow the standard investment route and are open to all qualified investors, regardless of where the project is located. These visas require a minimum investment of $1,050,000 and are typically used for projects not located in a targeted employment area (TEA).

Since unreserved visas allow a broad selection of projects, some investors prefer them for the flexibility to invest in well-known or established markets.

However, unreserved visas come with some challenges. Investors from high-demand countries, such as China and India, face heavy visa retrogression and long wait times due to visa backlogs. For example, Chinese applicants may wait up to a decade, and Indian applicants may wait over 55 months.

These delays occur because once the annual cap is reached, new unreserved visa applicants are placed on a waiting list, which extends the overall processing time. Due to these wait times, investors from high-demand countries often consider applying through one of the reserved visa categories, which currently have no retrogression and may offer faster processing.

Reserved or Set-Aside EB-5 Visas

Each year, the U.S. government sets aside 32% of the total EB-5 visas for the reserved visa categories. The goal is to support targeted employment areas with more jobs or investments. Investors in these projects can qualify for a lower investment amount of $800,000.

Typically, there are three types of reserved set-aside visas:

Rural TEA Set-Aside Visas

Rural areas are locations that are not part of any metropolitan statistical area (MSA) and do not belong to a city or town with over 20,000 people. These areas receive 20% of the reserved EB-5 visas.

Investors who choose rural projects benefit from priority processing by the United States Citizenship and Immigration Services (USCIS). As a result of these benefits, rural visas are popular among EB-5 investors, especially those from high-demand countries with long wait times like China and India.

High-Unemployment TEA Set-Aside Visas

High-unemployment areas, also called urban TEAs, are places where the unemployment rate is at least 150% of the national average. These areas receive 10% of the reserved EB-5 visas. Like rural investors, these applicants only need to invest $800,000. However, USCIS does not offer priority processing for high-unemployment area projects.

Infrastructure Set-Aside Visas

Infrastructure projects receive 2% of the reserved EB-5 visas. These projects are usually public developments like roads, bridges, or water systems. Although this category offers the same lower investment amount, it is not yet widely used due to a lack of clear guidance.

Qualification Requirements

Unreserved EB-5 Visa

The unreserved EB-5 visa category is open to both new and pre-RIA investors. All investors who filed their I-526 petitions before March 15, 2022, fall under this category. This includes investments in any location or project type, whether or not they are in targeted employment areas (TEAs).

For investors who filed after March 15, 2022, the unreserved category typically applies if:

• The investment is $1,050,000 or more
• The project is not located in a TEA (rural or high-unemployment area)
• The investment does not qualify for one of the three set-aside visa types

On the I-526E approval notice, this may show as RU (Reserved-Unused) or NU (Not Reserved-Unused), depending on how USCIS processes your petition.

Note that unreserved visas are available to investors from any country. However, the long wait times for high-demand countries can make this category less practical. In fact, many Chinese and Indian applicants already living in the U.S. cannot concurrently file for adjustment of status alongside their I-526E under this category, which can delay their Green Card process even more.

Reserved EB-5 Visa

Reserved, or set-aside, EB-5 visas are available to investors from any nationality who filed their I-526E petitions on or after March 15, 2022. Nonetheless, they are especially helpful for applicants from backlogged countries like China and India. Since reserved visas are new, and the demand is still growing, they currently offer faster processing and shorter waiting times.

As of now, all reserved visa categories have current priority dates, which means there are no official delays. However, demand for these visas, especially high-unemployment set-asides, is growing quickly. USCIS has not yet processed most of these petitions to the visa stage, but once they do, backlogs could form in the future. Starting the process early can help investors avoid long wait times down the line.

When Does an Investor Choose an EB-5 Visa Type?

Investors choose an EB-5 visa type at the time they select a project. The location and type of project determine whether you apply for a reserved or unreserved visa. To qualify for a reserved visa, your project must be located in a rural or high-unemployment TEA or qualify as a government-supported infrastructure project.

Due to these requirements, it is important to do thorough research on any project before investing. USCIS decides if a project qualifies as a TEA during its review of the project’s Form I-956F. As part of your due diligence, you should ask for the project’s I-956F approval notice and confirm which visa category the project is approved for.

You can then match this information with your personal immigration goals. When you file your Form I-526E, you’ll need to check a box indicating the type of project you’re investing in. USCIS will ultimately verify your visa category based on the project’s approved status.

Step-by-Step Guide to Choosing the Right EB-5 Visa Path

As a result of how complex an EB-5 investment could be, you need to conduct thorough due diligence before choosing a visa type and a project. Below is a quick guide on how to make an informed decision:

1. Define your investment goal: Think about your long-term goals. Do you want to prioritize a faster path to a visa, lower investment costs, or higher returns?
2. Check your budget: To invest in a standard EB-5 project, you need $1,050,000. However, if the project qualifies as a rural or high-unemployment targeted employment area (TEA), the minimum drops to $800,000. Many EB-5 investors choose TEA projects to benefit from the lower threshold and faster processing times.
3. Evaluate the EB-5 project: Look into the project’s financial health, job creation plan, and approval status. Also, review offering documents, financial statements, and the background of the project developer.
4. Look at the timeline and visa availability: If you come from a country with many EB-5 applicants (like China or India), you may wait years for a visa in the unreserved category. However, if you choose a reserved category, such as a rural EB-5 project, you may be able to get a visa faster.
5. Speak with trusted advisors: Before making a decision, consult experts such as immigration attorneys, financial advisors, and project managers. They can help you weigh the project options you have so you can minimize risk.

Choose the Right EB-5 Visa With EB5AN

Choosing the right EB-5 visa path takes time, research, and careful planning. Your decision ultimately affects your level of involvement, financial risk, and how long it may take to receive your Green Card. Therefore, you should seek professional guidance early on to avoid unnecessary mistakes and delays.

At EB5AN, we have experts who can help you find the right path towards your permanent residency in the United States. With a track record of helping over 2,300 families from over 70 countries relocate successfully to the U.S. as permanent residents, we are confident we can help you achieve your immigration goals as well.

Book a free consultation today to find the ideal EB-5 visa option for you.

For many individuals pursuing a U.S. Green Card through the EB-5 Immigrant Investor Program, one of the most critical requirements is proving that the funds used for the investment were legally obtained. The U.S. Citizenship and Immigration Services (USCIS) allows investors to use various sources of funds—including income from employment, proceeds from property sales, personal loans, gifts, inheritances, and more—as long as they can show a clear and lawful origin.

Among these options, a Home Equity Line of Credit (HELOC) is especially popular with EB-5 applicants already living in the United States, such as those on H-1B, E-2, or L-1 visas. These investors often own property and see their home equity as a valuable financial asset that can help them secure permanent residency.

This article walks through how EB-5 investors can use a HELOC to fund their investment and, just as importantly, how to demonstrate to USCIS that these funds were lawfully sourced.

Understanding What HELOC Is

A HELOC is essentially a line of credit that’s backed by the equity you’ve built up in your home. Instead of selling the property to access its value, you can borrow against the increase in your home’s market value. These loans are revolving credit lines, meaning you can withdraw funds up to a certain limit, repay them, and borrow again—much like a credit card.

HELOCs are particularly common among investors who have lived in the U.S. for several years and purchased homes during that time. Rather than liquidating assets or relying on complex financing structures, they simply leverage the value they already hold in their homes.

How HELOC Loans Work in Practice

Let’s break it down with a simple example. Suppose you bought a home in 2019 for $500,000. You likely made a 20% down payment—about $100,000—and financed the remaining $400,000 through a mortgage. Fast forward to today, and let’s say your home is now worth $1,000,000. That means you’ve built up $500,000 in equity.

A HELOC allows you to borrow a portion of that $500,000 without selling your house. The bank evaluates the current market value of your home, confirms the equity you’ve gained, and approves a loan based on that amount. You then repay the loan in installments—just like any other line of credit.

How to Prove Source of Funds When Using HELOC

When applying for an EB-5 visa, you’ll need to provide extensive documentation that proves not just where the HELOC money came from, but how you obtained the property and funded your mortgage in the first place.

Start with your home’s closing disclosure—a document issued by your lender when you originally purchased the property. This outlines the total cost of the home, the size of your down payment, and how the funds were transferred. USCIS will scrutinize this document to understand exactly how you came up with the money.

For instance, if your down payment was split into two installments—say, a $60,000 initial escrow deposit and a $40,000 final payment—you’ll need to show how you earned or saved that $100,000. USCIS will expect a full paper trail.

This involves pulling up old bank statements—usually going back seven years from the time of purchase—and extracting pay stubs, tax returns, and savings account activity that demonstrate how those funds accumulated. They want to make sure your money didn’t come from an undisclosed third party or a questionable source.

Additionally, you’ll need to prove that the mortgage you used to finance the rest of the purchase was paid using your regular, legally earned income. For this, your documentation should include W-2 forms, tax filings, and bank statements showing your mortgage payments from the time you bought the home until now.

In the earlier example, if you purchased the home in 2019 and are applying for EB-5 in 2025, your paperwork will span two periods: pre-purchase income and savings from 2017 to 2019, and mortgage-related income from 2019 to 2025.

Tips for a Successful EB-5 Filing Using HELOC Funds

While using a HELOC can be an effective funding method for your EB-5 investment, it’s crucial to follow best practices to avoid delays or rejections.

Hire an EB-5-Focused Immigration Attorney

Successfully documenting your source of funds is a specialized task. An experienced EB-5 immigration lawyer will know exactly what USCIS wants to see and can guide you through the entire process. They’ll ask questions like: When did you purchase your home? Did you receive help from friends or family? How have you paid your mortgage over time? The answers to these questions will help shape your documentation package.

Stick With Reputable Financial Institutions

To minimize complications, always secure your HELOC through a licensed bank or credit union. USCIS requires detailed source-of-funds documentation for any loan taken from a non-bank lender, such as online lending platforms or private institutions. That means if your HELOC provider isn’t a bank or credit union, you’ll be expected to provide documentation about how they obtained the money to lend you. This includes their own tax returns and bank statements—documents you almost certainly won’t be able to access.

Even if USCIS overlooks this during your initial I-526E petition, they could still raise the issue later during your I-829 filing. Without proper documentation, your Green Card could be at risk.

Choose EB-5 Projects With Clear Refund Guaranties

One extra layer of protection is to invest in a project that offers a solid I-526E denial refund guaranty. This way, if USCIS denies your petition due to issues with your source-of-funds documentation, you’re not left empty-handed.

Be wary of refund guaranties that use vague or conditional language like, “We’ll refund you if we can,” or “We’ll try to find a new investor to replace you.” These are not real guaranties. Read the offering documents carefully and make sure the refund clause is clear, direct, and enforceable.

Partnering With Professionals Can Make All the Difference

Using a HELOC for your EB-5 investment can be a practical and accessible choice—especially if you’ve built up significant equity in your home. But this strategy also brings added responsibility when it comes to proving your funds were lawfully sourced.

By working with qualified professionals, including an immigration attorney and a reputable regional center, you can navigate the EB-5 process more confidently. These experts will help ensure your documentation is thorough, accurate, and aligned with USCIS requirements.

With a 100% approval rate to date and over 2,300 families successfully guided through the EB-5 process, EB5AN offers trusted, low-risk projects and expert support every step of the way. Book a complimentary consultation with our team today.

Since its creation in 1990, the EB-5 Immigrant Investor Program has served as a U.S. initiative to encourage foreign investment and stimulate job growth. It offers eligible foreign nationals and their immediate families a pathway to a Green Card in return for a qualifying investment that results in the creation of at least 10 full-time jobs for U.S. workers.

One of the most critical components of a successful EB-5 petition—beyond meeting the minimum investment amount and job creation benchmarks—is proving that the funds being invested were obtained through lawful means.

The United States Citizenship and Immigration Services (USCIS), which manages the EB-5 program, enforces strict standards for documenting the origin and movement of investment funds. These guidelines are in place to safeguard the integrity of the program and are called proving “source of funds.”

USCIS generally accepts several legitimate sources of capital, including salaries, business earnings, real estate sales, stock dividends, personal loans, gifts, and inheritances.

However, global restrictions on capital transfers have made it increasingly challenging for investors to move money across borders through traditional channels. At the same time, the rise of cryptocurrency has provided an alternative method for transferring assets without using banks or conventional financial institutions.

In this article, we explore how EB-5 investors can use digital currencies as their investment capital and the documentation required to comply with U.S. immigration standards.

Understanding Cryptocurrency Basics

Cryptocurrencies are entirely digital assets secured through cryptographic methods. They operate on blockchain systems—public ledgers where every transaction is permanently recorded. Users store and manage these digital assets using digital wallets.

Some of the most recognized cryptocurrencies include Bitcoin, Ethereum, and Litecoin, all of which can be traded and stored on popular platforms like Coinbase and Circle. These platforms function as both exchanges and brokerages for buying, selling, and holding various coins.

The appeal of cryptocurrency lies in its decentralized nature—it doesn’t rely on central banks or government institutions. Transactions are secure and difficult to alter, making the technology attractive for investors seeking both privacy and efficiency.

As adoption grows, more EB-5 investors are exploring the possibility of using digital assets to finance their investment capital.

Meeting EB-5 Requirements With Crypto

If the necessary documentation is available, USCIS does recognize cryptocurrency as a valid source of EB-5 investment funds. However, petitions involving digital assets are subject to more intense scrutiny than those relying on traditional sources. For this reason, investors must be prepared to thoroughly demonstrate that their crypto assets are legally sourced.

Here are the key aspects to keep in mind:

1. Purchase Timing and Exchange Licensing

The timing of the cryptocurrency purchase is critical. USCIS requires that the digital currency be acquired through a legally operating exchange. If the exchange wasn’t licensed as a money transmitter at the time of purchase, the transaction may be deemed invalid.

Investors must verify that the platform they used was fully authorized by the relevant local regulatory body when they acquired their digital assets.

2. Providing Documentation for Crypto Purchases

A strong paper trail is essential. Investors need to demonstrate how they earned the money used to purchase the cryptocurrency. This typically involves providing financial documents like bank statements showing the initial transfer to the exchange, followed by records of the actual crypto purchase.

For older transactions where such records are unavailable—perhaps due to financial regulations or expired data—investors may submit affidavits or supplemental documents like tax returns, employer letters, and wage statements. While these are generally acceptable for conventional funding sources, crypto-related transactions demand more concrete evidence.

USCIS often expects to see things like digital wallet logs, blockchain ledger data, and detailed account activity. If such information cannot be recovered, investors are strongly discouraged from using cryptocurrency as a funding source for EB-5.

3. Tracing the Flow of Funds

Just as with fiat currency, investors must clearly establish the origin and movement of their digital assets. USCIS expects a complete transaction history—from the initial purchase to conversion and transfer into the EB-5 investment account.

If the investor cannot obtain the transaction history—for example, if the exchange platform has shut down—this gap in documentation may result in a denial. The agency treats any ambiguity in the path of funds as a red flag.

4. Tax Compliance and Reporting Obligations

For U.S. tax purposes, cryptocurrencies are classified as assets, and their sale or conversion may generate taxable gains. Investors are required to report these events on their tax returns and pay any applicable taxes, even if they do not receive formal documentation like a 1099 form from the exchange.

Those who previously failed to declare such income are not automatically disqualified. They may amend prior tax filings and pay the appropriate back taxes in order to bring their finances into compliance before submitting their EB-5 application.

5. Clarity Around Currency Conversions

Another common issue arises when cryptocurrency is converted from one coin to another. Unless detailed records of these conversions are available, including timestamps and transaction IDs, it may be difficult to demonstrate the legitimacy of the final capital amount.

Many investors are unaware of the complexity involved in documenting these types of transfers. As a result, they may unintentionally undermine their own application by failing to provide adequate evidence.

Because of this, anyone planning to use digital assets for an EB-5 investment should seek guidance from a qualified immigration attorney and EB-5 team who are well-versed in cryptocurrency-related documentation.

Partner With EB5AN for Expert Support

While digital currencies are no longer considered fringe assets, their acceptance in legal and immigration settings is still developing. Though crypto can serve as a valid EB-5 funding source, it comes with substantial documentation requirements and legal risks.

To avoid issues such as requests for evidence (RFEs) or petition denials, investors should approach this funding method carefully and ensure all required documentation is complete and accurate.

EB5AN, a top-tier EB-5 firm, has supported over 2,300 families from more than 70 countries in securing U.S. permanent residency. With years of hands-on experience in EB-5 compliance and source of funds documentation, our team is well-equipped to help you navigate the complexities of cryptocurrency use in your petition.

If you’re considering funding your EB-5 investment with digital currency, we invite you to schedule a free consultation with our team today.