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
Why Does the Investment Duration Matter?
How to Evaluate Investment Duration Before You Invest
Take Control of Your EB-5 Timeline With EB5AN
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.