A U.S. green card (lawful permanent residency) provides the following benefits:
A TEA is a geographic area that qualifies for the lower $800,000 minimum EB-5 investment, instead of the standard $1.05 million. It must be either:
TEAs are designated to attract investment into economically disadvantaged areas.
Feature | Rural Area | High-Unemployment Area |
Definition | Outside a metro area and < 20,000 people | In a metro or city area with high joblessness |
Qualification | Based on population and geography | Based on unemployment statistics |
TEA Eligibility | Yes (automatically qualifies) | Yes (must meet the 150% unemployment rule) |
Priority Processing | Yes (under 2022 reform) | No |
Form I-526E is the USCIS petition used by EB-5 investors investing through a Regional Center. It:
You can file for Adjustment of Status (Form I-485) if:
Form I-829 is the final step in the EB-5 process. It:
Approval of I-829 gives you a 10-year renewable green card and ends immigration-related requirements.
No. All EB-5 investments must be “at risk” as required by USCIS. This means:
Investors should conduct thorough due diligence before committing funds.
Yes. EB-5 investors and their family members can live, work, and study anywhere in the U.S., regardless of where the investment project is located.
Some common risks include:
It’s essential to invest in credible, transparent projects and seek guidance from experienced professionals.
Yes, but with conditions:
USCIS requires detailed evidence showing:
This documentation is a critical part of the I-526/I-526E petition and must be accurate and thorough.
Upon receiving a green card, you become a U.S. tax resident, meaning:
Pre-immigration tax planning with a qualified advisor is highly recommended.
Key updates under the 2022 Act include:
Concurrent filing allows eligible EB-5 investors already in the U.S. (on valid visas like H-1B, L-1, F-1, etc.) to file both:
At the same time — enabling:
Yes. Your spouse and unmarried children under the age of 21 can be included in the same EB-5 petition and will receive green cards as your dependents.
Direct EB-5 | Regional Center EB-5 |
Invest in your own or another business | Invest in a USCIS-approved regional project |
Must create 10 direct jobs | Can count indirect and induced jobs |
Requires active management | Allows passive investor role |
Lower flexibility in job creation proof | Greater flexibility due to economic modeling |
Generally, no. Once your I-526E is filed, changing projects can risk denial of your petition unless you refile with a new project. That said, the 2022 Reform Act allows limited flexibility under certain circumstances, especially if the original project fails.
Your investment must remain at risk through:
Typical timelines (subject to change):
Total: 4–5 years depending on country of origin and processing speeds.
A New Commercial Enterprise is the entity into which EB-5 investors place their funds. It must:
Each year, 32% of EB-5 visas are reserved for:
Investors in these categories benefit from priority processing and reduced wait times.
The sustainment period is the duration for which your investment must remain “at risk” to qualify for permanent residency. It begins when you invest and ends after I-829 approval.