Clear answers to important EB-5 questions.

Generally, yes. The qualifying basis for EB-5 is your own at-risk investment in a U.S. business that creates jobs — not a job offer, a labor certification, or a family relationship. That is why it is sometimes described as a category you petition for on your own behalf. An immigration attorney should confirm your eligibility and the requirements that apply to you (USCIS EB-5 program).

Not by itself. A pending EB-5 petition does not grant status or work authorization — you must keep your H-1B or L-1 valid and in compliance while the case is processed. When an immigrant visa is immediately available, USCIS permits the adjustment application (Form I-485) to be filed at the same time as the EB-5 petition or while it is still pending (USCIS concurrent filing), which is a separate step your attorney would advise on.

A spouse included in the immigration process can generally file their own adjustment application alongside yours when a visa is immediately available, and may apply for employment authorization and a travel document while the case is pending (USCIS EB-5 process). Availability depends on the Visa Bulletin and your circumstances — confirm specifics with counsel.

Generally, no. Applicants physically in the U.S. in a valid status who have an immediately available visa may apply to adjust status with USCIS; applicants outside the U.S. (or those who prefer it) complete the process through a U.S. consulate. The right route depends on your location and status, and your immigration counsel will recommend one.

EB-5 is a U.S. immigration program through which eligible investors may seek permanent residence by making a qualifying at-risk investment in a U.S. commercial enterprise that creates jobs. USCIS determines whether each petition meets the requirements (USCIS EB-5 program).

Under current statutory amounts, the minimum is generally $800,000 for a qualifying targeted employment area or infrastructure project, and $1,050,000 for other qualifying investments. These amounts can change — verify current requirements with USCIS and independent counsel before acting. Our investment requirements guide explains the details.

A TEA is, under current rules, either a rural area or an area experiencing high unemployment. Whether a specific project or location actually qualifies must be supported by current documentation — it is a factual determination, not a marketing label. Some set-aside visas exist for these categories, but eligibility does not guarantee faster processing or a visa.

A regional center is an economic unit designated by USCIS whose projects may generally count indirect as well as direct job creation; most EB-5 capital flows through them. Direct investments involve the job-creating business itself. See our regional centers guide for what a designation does and does not tell you.

An eligible spouse and unmarried children under 21 can generally be included as derivatives in the same EB-5 process, with no additional investment. Their eligibility follows the principal investor\u2019s case and the immigration rules that apply to each person — ask immigration counsel about your family.

Immigration law treats a “child” as unmarried and under 21; a child who turns 21 before permanent residence is granted may “age out.” The Child Status Protection Act provides a special age calculation that can protect some applicants, but it is technical and outcome depends on your case (USCIS CSPA guidance). If your child is within a few years of 21, raise CSPA specifically with counsel — our family guide covers the background.

Generally no — children over 21 cannot qualify as derivatives. Independent options for them vary widely with age, status, and circumstances, so an early conversation with immigration counsel is worthwhile.

No. EB-5 capital must be at risk, financial loss is possible, and USCIS approval, visa issuance, processing speed, and permanent residence cannot be guaranteed. Anyone promising a guaranteed outcome should be treated with caution.

That depends entirely on the project — its use of proceeds, fees, financing structure, security, and exit terms are set out in offering documents such as the private placement memorandum and subscription agreement. No structure removes investment risk. The SEC\u2019s investor alert on EB-5 outlines fraud risks and diligence steps (Investor.gov), and our risks guide lists the questions to ask.

By building a documented trail showing where the funds came from and how they moved — for example salary savings, business profits, a property sale, inheritance, a gift, or a loan, each with supporting records. Source-of-funds documentation is prepared with your independent immigration counsel, usually starting months before filing. See our investment requirements guide.

There is no universal timeline. Petition processing, requests for evidence, visa availability, your country of chargeability, and project progress all matter. Check current figures on USCIS\u2019s processing-times page and the monthly Visa Bulletin, and read our process and timing guide.

Generally: due diligence and adviser selection; making the investment and documenting its lawful source; filing the petition (Form I-526E or I-526); adjusting status or consular processing when a visa is available; roughly two years of conditional residence; and filing Form I-829 to remove conditions by showing the investment and jobs were sustained (USCIS EB-5 process).

Yes. Independent immigration counsel, securities counsel, and tax or financial advisers can evaluate the legal requirements, offering terms, risks, and implications for your specific situation. Our AI question builder helps you prepare for that conversation.