Frequently asked questions
EB-5: clear answers for important decisions.
A guide to help investors understand the requirements, process, risks, and questions worth asking before committing capital.
The essentials
The program combines immigration, capital, and job creation.
None of these elements should be analyzed alone. Strategy begins with the family and source of capital, continues through the investment structure, and extends until the conditions on residence are removed.
10 jobsPermanent full-time positions for qualifying workers under the applicable method.
$800,000Reduced amount for a qualifying targeted employment area or infrastructure project.
$1.05 millionStandard amount outside the reduced-investment categories.
Eligibility and investment
The investor’s first questions.
01 · WHO
Who can pursue EB-5?
The program has no particular nationality requirement, specific minimum age, or required business background. The investor must document the lawful source of capital, make a qualifying investment, and satisfy other immigration requirements. A spouse and unmarried children under 21 can generally be included, but children’s ages require early planning.
02 · CAPITAL
Must all capital come from the investor?
Capital may come from earnings, business distributions, asset sales, a gift, inheritance, a permitted loan, or another lawful source. The central question is whether the origin and path of each amount into the new commercial enterprise can be documented. Gifts and loans may require evidence about the donor, collateral, and underlying source.
03 · RISK
Is the investment or green card guaranteed?
No. The capital must remain subject to the risk of gain or loss. A regional center designation, Form I-956F filing, or professional involvement is not a government guarantee, investment endorsement, promise of capital repayment, or assurance of individual immigration approval.
Structure and project
Regional center, direct EB-5, and project selection.
04 · PATH
What is the difference between regional center and direct EB-5?
Regional center investors normally participate in a pooled offering that may use economic modeling for direct and indirect jobs. In direct or standalone EB-5, the investor files Form I-526 and must connect job creation directly to the qualifying enterprise. Each path has a different structure, control profile, and evidentiary burden.
05 · PROJECT
Does USCIS approve or recommend projects?
USCIS determines immigration and program-compliance issues. A designation, filing, or project-related approval is not a financial recommendation or conclusion about profitability, credit, business viability, or the safety of invested capital.
06 · PROFESSIONALS
Who can help with the decision?
Immigration counsel evaluates eligibility and immigration consequences. A properly registered broker-dealer or other investment professional may have a different role concerning an offering, recommendation, due diligence, and suitability. Tax and business professionals may complete the team.
Immigration process
From petition to removal of conditions.
Timing and family
Questions without generic answers.
How long does it take?
There is no single timeline. USCIS processing, investment category, country of birth, visa availability, consular processing or adjustment, and individual facts can all change the schedule. Current estimates are planning tools, never promises.
How can a child nearing 21 be protected?
The Child Status Protection Act may help, but the calculation depends on facts, dates, and visa availability. Derivative-age analysis should occur before choosing a project or filing strategy.
Can an investor adjust status in the United States?
In some circumstances, when a visa number is available and other requirements are satisfied, Form I-485 may be filed with or after the EB-5 petition. Strategy requires individual review of status, admissibility, immigration history, and current policy.
Important: fees, forms, visa availability, and policies can change. This guide is educational and does not replace individual legal advice or financial, tax, business, or securities advice.
Official sources and further reading.
Your question deserves an answer tied to your case.
Talk with HarrisLaw about your family, your capital, and the EB-5 route you are considering.