FAQs
(Benefits of the EB-5 Program)
Benefits of the EB-5 Program
What are some benefits to the EB-5 program?
The EB-5 Immigrant Investor Program offers a wide range of benefits for the investor and their family, including but not limited to:
1. Green Cards for the entire family: A single investment can secure Green Cards for the primary investor, their spouse, and unmarried children under the age of 21.
2. A clear path to US citizenship: After holding a conditional Green Card for two years and then a permanent Green Card for three years (totaling five years of lawful permanent residency), investors and their eligible family members can apply for US citizenship.
3. Flexible eligibility: There are no requirements for specialized skills, minimum travel, age restrictions, or specific language proficiency. The primary requirement is the qualifying investment and the lawful source of funds.
4. Personal and professional freedom: Investors and their families can live, work, and retire anywhere in the US without the need for employer sponsorship or specific visa restrictions.
5. Passive investment option: By investing through a Regional Center, third parties manage the investment and all aspects of the project, allowing the investor to take a minimal, hands-off role in business operations.
Additional benefits for students and professionals:
6. Enhanced university acceptance rates: Children of EB-5 investors often have higher acceptance rates to top US universities (potentially over four times higher) because they are not subject to international student quotas.
7. Potential for in-state tuition and scholarships: As US residents, students may qualify for significantly lower in-state tuition rates at public universities and gain access to a broader range of merit-based scholarships.
8. Eliminates internship and job sponsorship needs: EB-5 Green Card holders don’t need employer sponsorship for summer internships or full-time positions, which significantly broadens their career opportunities.
9. Expands post-graduation employment options: Graduates can pursue diverse employment opportunities or even entrepreneurial ventures without the complexities and limitations of needing visa sponsorship.
Under which circumstances may Green Card holders not be eligible for in-state tuition?
While Green Card holders are generally eligible for in-state tuition, eligibility ultimately depends on each specific US state’s residency requirements for public universities. These requirements typically involve:
- Duration of residency: Most states require an individual to live in the state for a continuous period (e.g., 6 months to 1 year) prior to enrollment, demonstrating intent to make that state their permanent home.
- Proof of domicile: This often involves showing proof of intent to reside in the state permanently, such as obtaining a state driver’s license, registering to vote, paying state taxes, and establishing a physical presence.
- Financial independence: For students under a certain age, their parents’ or legal guardians’ residency status is usually considered. For older students, demonstrating financial independence from out-of-state parents may be required.
In many cases, if a student moves to the US and resides in a specific state for their final year of high school or longer, they would likely meet the residency criteria to qualify for in-state tuition at public universities within that state. However, it is crucial to research the specific requirements of the state and institution they plan to attend.
Can I apply if I have been rejected or denied in the past by USCIS for an L-1, E-2, B, or other visa?
Past rejection does not disqualify the applicant unless the reasons for rejection are related to immigration fraud or other major problems. It is most important that all criminal, medical, or US immigration history problems be disclosed to LCR Capital Partners and your legal counsel in advance of application.
What is the I-829 petition?
The I-829 petition, officially the Petition by Investor to Remove Conditions on Permanent Resident Status, is the final step in the EB-5 Immigrant Investor Program. Investors, typically with their attorneys, file this petition with USCIS to demonstrate that they have met all EB-5 requirements, including maintaining the investment and creating or preserving at least 10 full-time jobs for qualifying US workers for at least two years. Upon approval, the investor and their eligible family members (spouse and unmarried children under 21) have the conditions removed from their two-year conditional Green Cards, granting permanent resident status.
What are the criteria used to evaluate an I-526 petition?
US Citizenship and Immigration Services (USCIS) evaluates I-526 petitions based on the following five criteria:
- Investment Amount Meets EB-5 Requirements
The I-526 petition must show that the investor has committed the minimum required capital to a New Commercial Enterprise (NCE). As of June 2025, the minimum investment is $1,050,000 for projects not in a Targeted Employment Area (TEA) or $800,000 for projects in a TEA, which includes rural areas or high-unemployment zones. The capital must be “at risk” and fully committed to the NCE, per USCIS guidelines. - Investment Capital Was Lawfully Obtained
The investor must prove that the invested capital was acquired through lawful means, such as income from a legitimate business, salary, investments, property sales, inheritances, gifts, or secured loans. The I-526 petition must trace the funds from their source (e.g., salary, property sale, or loan against marketable securities) to the NCE. Gifted funds must also be traced to their lawful origin. - Capital Was Invested in a New Commercial Enterprise
The petition must confirm that the lawfully obtained capital was invested in an NCE, defined as a for-profit entity engaged in lawful, ongoing commercial activities. The NCE must have been established after November 29, 1990, and can take various forms, such as a sole proprietorship, partnership, corporation, or limited liability company, whether public or private. - New Commercial Enterprise Creates Required Number of Jobs
The NCE must create at least 10 full-time jobs (minimum 35 hours per week) per EB-5 investor. For direct investments, these jobs must be permanent, filled by W-2 employees (excluding the investor, their family, or nonimmigrant aliens), and supported by evidence of current or planned hiring, including a detailed hiring plan for future job creation. For regional center investments, the 10 jobs may include direct, indirect, or induced jobs, substantiated by an economic impact report included in the I-526 petition. - Investor Is Actively Involved in the New Commercial Enterprise
The investor must demonstrate active engagement in the NCE’s management. For direct investments, this can include day-to-day management, serving on the board, or holding voting rights. For regional center investments, typically structured as limited partnerships or limited liability companies, the investor’s role as a limited partner under the Uniform Limited Partnership Act satisfies USCIS’s management involvement requirement.
What happens if the project fails before the investor files their I-829 petition?
The EB-5 program requires that the investment remain “at risk” and sustain the creation or preservation of at least 10 full-time jobs for qualifying US workers throughout the conditional residency period. If the New Commercial Enterprise (NCE) fails before the investor files their I-829 petition, USCIS may deny the petition if the required jobs are no longer sustained or the investment is not maintained. This could result in the loss of the investment and ineligibility for permanent resident status for the investor and their family. Some regional centers, like LCR, aim to mitigate this risk by structuring projects with job creation “cushions” that exceed the minimum requirement to better ensure compliance even in adverse scenarios.
What is the purpose of the Consulate processing and interview?
Consular processing ensures that the EB-5 investor and their family members complete required medical examinations, police clearances, security checks, and immigration history reviews before receiving conditional resident visas. During the interview, the consular officer may discuss these checks and details from the I-526 petition, including the source and nature of the investment funds.
If the investor and their family are already in the United States, they may apply for adjustment of status through the appropriate US Citizenship and Immigration Services (USCIS) office instead of consular processing.
After my I-526 petition approval, may members of my family have their consulate interview in different countries?
US Citizenship and Immigration Services (USCIS) permits EB-5 family members to attend consular interviews in different countries. Typically, interviews are held in the country of origin or where family members have current ties. However, a family member, such as a student studying in the US, may apply for adjustment of status at a USCIS district office instead of returning to their country of origin for consular processing.
It is recommended that family members attend their consular interviews together in the same country to ensure smoother and faster processing for all involved.
What should an EB-5 investor Expect in an immigrant visa interview?
Receiving I-526 petition approval is a significant milestone in obtaining a Green Card through the EB-5 program, but additional steps remain. Investors and family members outside the US must apply for immigrant visas through consular processing. Those already in the US may apply for adjustment of status at a US Citizenship and Immigration Services (USCIS) office instead of consular processing.
After submitting the application, the principal applicant and all family members included in the petition will receive notification requesting civil documents and other information required for the immigrant visa interview. The interview typically occurs at the US Embassy or Consulate in the country where the investor and family members reside, or at a USCIS office for those in the US
Required Documentation:
- Passport valid for at least six months beyond the intended US entry date
- Birth certificates for each applicant
- Passport-style color photographs
- Copies of the DS-260 immigrant visa electronic application
- Divorce decrees, if applicable
- Marriage certificates, if applicable
- Adoption certificates, if applicable
- Sealed medical examination results
- Police certificates
Documents not originally in English must include an English translation.
Investors must provide evidence that the I-526 investment funds have been released from escrow by the EB-5 project, typically via a letter from the institution managing the project’s escrow account.
Applicants should arrive early for the interview with all required documentation. The interview, which typically lasts 30–45 minutes, assesses the investor’s admissibility to the US by reviewing documents and asking questions about the provided information. Be prepared to verify the accuracy of all documents and answer questions related to the I-526 petition, including the project and source of funds.
Ineligibility for US entry may result from issues such as prior illegal entry, criminal history, or misrepresentation of material facts. Applicants should be ready to address any concerns about past US visits or other potential red flags. Consulting with an immigration attorney is recommended to prepare for the interview.
When is it possible to apply for US citizenship?
As an EB-5 investor or dependent family member, you may apply for US citizenship through naturalization five years after becoming a Lawful Permanent Resident (i.e., from the date you receive your Conditional Green Card). To qualify, you must have been physically present in the US for at least 30 months out of those five years and must not have taken any single trip abroad lasting more than 180 consecutive days, as this can break the continuous residence requirement. Additional eligibility criteria include being at least 18 years old, demonstrating basic English proficiency, passing a US civics test, and showing good moral character. Once approved, you will attend a naturalization ceremony, take the Oath of Allegiance, and officially become a US citizen, gaining full rights such as the ability to vote, hold public office, and travel with a US passport.
What is the difference between permanent residency and citizenship?
Permanent residency (Green Card holder) and US citizenship both allow individuals to live in the United States, but they differ significantly in terms of rights, responsibilities, and benefits.
Permanent Residency:
- Allows long-term residence and employment in the US
- Travel abroad is permitted, but extended trips may risk losing status.
- Access to some public benefits, but not all federal programs.
- Still a citizen of another country and subject to US immigration laws.
- Cannot vote in federal elections or hold certain government positions.
- Must maintain physical presence in the US to keep status.
US Citizenship:
- Grants full legal rights and protections under the US Constitution.
- Right to vote in federal, state, and local elections.
- Eligibility to hold public office and work in certain federal jobs.
- Cannot be deported, except in rare cases involving fraud during the naturalization process.
- May sponsor a wider range of family members for immigration.
- Access to additional federal benefits and programs.
- Eligible for a US passport, which allows visa-free travel to many countries.