SHEPSIS LAW 

EB-5 green cards are available to investors and their families who invest in a qualifying business enterprise that creates at least 10 jobs for U.S. workers. The process starts with filing an I-526 or I-526E petition demonstrating a qualifying investment and the source of capital. If the investor is lawfully present in the U.S., they can often file an adjustment of status application at the same time as the petition. Approval grants conditional residency. A little less than two years later, all family members must then file the I-829 petition to remove conditions and turn their status into permanent residency.

A standard EB-5 investment is $1,050,000. Investments in a Targeted Employment Area (TEA) — rural or high-unemployment areas — require $800,000.

EB-5 investments are not meant meant to be gifts or unrecovered fees; they are investments subject to risk. While returns are typically below market value, capital can be returned under the project’s terms, often after the I-829 petition is approved. Like any investment, capital can be lost, and some level of risk is required for EB-5 eligibility. Always review project documents to understand repayment terms and timing.

A regional center is a USCIS-approved entity that pools EB-5 investor funds. EB-5 petitioners in regional center projects are typically passive investors. One of the main advantages of a regional center is that job creation can be counted through direct and indirect jobs using economic models, rather than tracking each individual position.

Many regional centers use pre-approved business plans and economic impact reports, making it easier to demonstrate job creation by showing that investor capital was deployed as described. Many are managed by professionals with extensive EB-5 experience who have run projects that successfully produced green cards for investors.

However, every project is different. It is essential for investors to conduct their own independent due diligence — reviewing project documents, visiting the project site when possible, meeting the people involved, and consulting qualified financial professionals. Evaluating the business and investment risks is critical and is separate from the work of an EB-5 immigration attorney.

The investor may lose their investment and their ability to get a green card, especially if the failure occurs before conditions on residency are removed or before the required jobs can be created. However, sometimes the green card process can be saved. USCIS now allows investors to amend EB5 petitions for new projects.

This is where it is important work with a skilled EB-5 attorney. We help you plan your investment strategy and carefully document a clear, transparent path of your capital — from how it was generated, to how it was transferred to the United States, and ultimately into the EB-5 project. Evidence often includes tax returns, bank statements, business records, and other financial documentation. We work with you to determine the strongest approach based on the records available, and we regularly assist clients who face limits on foreign transactions.