# EB-5 FAQ: 40 Common Questions

> Forty questions investors most often ask about EB-5, grouped by basic rules, funds, process, family members, life after the green card, and risk, with concise answers for orientation and self-checking.

- URL: https://eb5policy.com/guides/eb5-faq/
- Language: en
- Category: guides
- Published: 2026-08-03
- Tags: FAQ, basics, RIA, process

This article collects the questions investors most frequently raise in consultations. Answers are based on the EB-5 Reform and Integrity Act of 2022 (RIA), INA 203(b)(5), 8 CFR 204.6, and USCIS Policy Manual Vol. 6 Part G. They are general explanations only, not legal or investment advice. For fees and visa availability, rely on the current USCIS fee schedule and the monthly Visa Bulletin.

## Basic rules

**1. What is EB-5?**
The fifth employment-based preference category. An investor contributes capital to a new commercial enterprise (NCE) in the United States that creates 10 full-time jobs. The investor, spouse, and unmarried children under 21 can obtain green cards. No employer sponsorship, degree, or language test is required.

**2. What is the minimum investment?**
$800,000 in a Targeted Employment Area (TEA) project, $800,000 in an infrastructure project, and $1,050,000 otherwise. The RIA set these amounts and indexes them to CPI-U every five years starting from 2022; the next adjustment is scheduled for January 1, 2027.

**3. What is a TEA?**
Two categories qualify: rural areas (outside a metropolitan statistical area and outside any town with a population of 20,000 or more) and high-unemployment areas (census tracts with unemployment at least 150 percent of the national average, which may combine the project tract with directly adjacent tracts). Since the RIA, DHS/USCIS makes the designation; states no longer issue TEA letters.

**4. Regional center versus direct investment?**
Regional center projects may count direct, indirect, and induced jobs. Direct investment counts only full-time employees hired by the NCE itself. The vast majority of investors use the regional center route.

**5. What are set-aside visas?**
The RIA reserves 32 percent of annual EB-5 visas: 20 percent rural, 10 percent high-unemployment, 2 percent infrastructure. The remaining 68 percent is unreserved. Unused set-aside visas carry over to the same category the following year, and if still unused, fall into the unreserved pool.

**6. Could the regional center program lapse again?**
The program is currently authorized through September 30, 2027. The RIA includes a grandfathering clause: I-526E petitions filed on or before September 30, 2026 continue to be adjudicated and remain visa-eligible even if the program later lapses.

**7. What does "at risk" mean?**
Capital must face a genuine chance of gain or loss. Guaranteed returns or guaranteed buy-backs are not permitted. Any marketing promising "guaranteed repayment" or a "guaranteed green card" is a red flag.

**8. How long must the investment be sustained?**
Under USCIS policy issued on October 11, 2023, post-RIA investors must keep capital at risk for at least two years from the date it is contributed to the NCE. Pre-RIA investors must sustain it through the end of the two-year conditional residence period.

## Funds

**9. What must source-of-funds evidence show?**
Two things: that the funds were lawfully obtained (source of funds) and that their movement from origin to the NCE is traceable (path of funds).

**10. What are common lawful sources?**
Salary and bonuses, business income and dividends, real estate sales, securities, gifts, inheritance, and loans. Each requires its own documentary record.

**11. Can I invest borrowed money?**
Yes, provided the investor is primarily and personally liable for repayment. Zhang v. USCIS (D.C. Cir. 2020) confirmed that loan proceeds are "cash" for EB-5 purposes and need not be secured by the investor's own assets.

**12. Can my parents gift the funds?**
Yes, but the gift must be traced back to the donor's lawful source. A gift agreement and transfer records alone are not sufficient.

**13. How do mainland Chinese investors address currency transfer?**
The path by which funds left China must be explained, and non-compliant channels must not be used. An unclear path is a common reason for a Request for Evidence (RFE). See [Five Common Source-of-Funds Pitfalls](/guides/source-of-funds-pitfalls/).

**14. What costs are there beyond the investment?**
Typically a regional center or project administrative fee, attorney fees, translation and valuation costs, and USCIS filing fees. Administrative fees vary widely and should be verified in the offering documents.

**15. What are the USCIS filing fees?**
Under the fee schedule currently in force (the 2024 EB-5 increases were stayed by court order in November 2025): I-526E $3,675 plus a $1,000 EB-5 Integrity Fund fee; I-829 $3,750; I-485 (adult) $1,440. A final rule published September 30, 2026 raises the I-526E to $7,850, the Integrity Fund fee to $1,100, and the I-829 to $5,000 for filings on or after November 30, 2026. Fees change; rely on the current USCIS fee schedule.

## Process

**16. What are the stages?**
Two. After I-526E approval, the investor obtains a conditional green card (I-485 inside the U.S. or DS-260 through a consulate). Within the 90 days before the second anniversary of conditional residence, the investor files I-829 and, on approval, receives a permanent green card.

**17. What is Form I-956F?**
The project application a regional center files for each project. Investors may file I-526E while the I-956F is pending, but I-526E adjudication depends on I-956F approval.

**18. What is concurrent filing?**
The RIA allows applicants in lawful U.S. status to file I-485 together with I-526E when a visa number is available, along with I-765 (work authorization) and I-131 (advance parole).

**19. What is my priority date?**
The date the I-526E was filed. It is compared against the Visa Bulletin to determine visa availability.

**20. How do I read the Visa Bulletin?**
Chart A (Final Action Dates) governs whether a case can be finally approved; Chart B (Dates for Filing) governs whether an I-485 can be filed. USCIS announces each month which chart applies. See [How to Read the Visa Bulletin](/guides/how-to-read-visa-bulletin/).

**21. In what order does USCIS adjudicate I-526E petitions?**
USCIS prioritizes rural set-aside petitions; other cases are processed according to visa availability and filing order.

**22. How long does adjudication take?**
Times vary considerably. This article does not state figures; refer to the processing times published on the USCIS website.

**23. What if I receive an RFE or NOID?**
Both a Request for Evidence and a Notice of Intent to Deny require a written response within the stated deadline. Most are resolved by supplying additional evidence, prepared together with counsel.

**24. Consular processing versus adjustment of status?**
Adjustment uses Form I-485 and allows concurrent work authorization and advance parole. Consular processing runs through the National Visa Center (NVC) using Form DS-260; the investor becomes a conditional resident on entry after the interview. Under the current fee schedule, the DS-260 fee is $345 and the USCIS immigrant fee is $235.

**25. When is I-829 filed?**
Within the 90 days before the conditional green card's second anniversary. The receipt notice automatically extends conditional residence for 48 months.

**26. What must I-829 prove?**
That the full investment was made and sustained as required, and that the 10 required full-time jobs have been created or will be created within a reasonable time.

## Family members

**27. Which family members are included?**
The spouse and unmarried children under 21 apply as derivatives.

**28. What if a child turns 21?**
Under the Child Status Protection Act (CSPA), the child's age is frozen during I-526E adjudication. Once a visa becomes available, the child must "seek to acquire" status within one year. The calculation should be confirmed by counsel.

**29. Can the spouse be the principal applicant?**
Yes. Either spouse may serve as principal, but source-of-funds evidence must be traced accordingly.

**30. What is cross-chargeability?**
Applicants are normally charged to their country of birth. If the spouse was born in a country with a shorter backlog, the principal may in certain conditions be charged to the spouse's country of birth.

**31. Does each family member invest separately?**
No. One investment covers the principal and all derivatives.

## After the green card

**32. How does a conditional green card differ from a permanent one?**
A conditional green card is valid for two years and carries essentially the same rights. The conditions must be removed by filing I-829 before it expires.

**33. Must I live in the United States?**
Permanent residents must maintain residence. Extended absences can be treated as abandonment. Plans should be reviewed with counsel.

**34. When is my capital returned?**
It depends on the project's loan term, extension provisions, and exit plan. Once the sustainment requirement is met, the NCE may distribute according to the offering documents. See [Exit and Repayment](/guides/exit-and-repayment/).

**35. What is redeployment?**
If the job-creating entity (JCE) repays the loan while investors still need to sustain their investment, the NCE may redeploy the capital into any lawful commercial activity in the United States, provided it remains at risk.

**36. When can I apply for citizenship?**
As a general rule, after five years as a permanent resident; time in conditional status counts. Refer to current USCIS naturalization rules.

## Risk

**37. What are the main risks?**
Immigration risk (insufficient jobs, deficient evidence), investment risk (project failure, non-repayment), and compliance risk (regional center termination). Each should be assessed separately.

**38. What happens if the regional center is terminated?**
The RIA's good-faith investor provisions allow re-association with another compliant regional center or project within 180 days while retaining the priority date (subject to USCIS notice). See [Investor Options After a Regional Center Is Terminated](/projects/rc-termination-investor-options/).

**39. What are the red flags?**
Promised capital preservation or a guaranteed green card, undisclosed fees, refusal to show I-956F approval, no third-party fund administrator and no audited financials, and thin job cushions.

**40. Should the regional center appoint my attorney?**
Investors should retain counsel who represents only them. If the regional center pays the attorney or the attorney also represents the project, insist on written disclosure of the conflict. See [How to Choose an EB-5 Immigration Attorney](/guides/choosing-an-immigration-attorney/).

## Key takeaways

- Minimum investment is $800,000 for TEA and infrastructure projects and $1,050,000 otherwise, with a CPI-U adjustment due January 1, 2027.
- Set-aside visas make up 32 percent (20 percent rural, 10 percent high-unemployment, 2 percent infrastructure) and are the main route for applicants from backlogged countries.
- Source-of-funds evidence must establish both lawful origin and a clear path; gifts and loans are workable but have distinct requirements.
- The process runs I-526E, conditional green card, I-829, permanent green card; applicants in the U.S. may file I-485 concurrently.
- Capital must be genuinely at risk, sustained for at least two years for post-RIA investors; any guarantee is a red flag.
- If a regional center is terminated, the RIA provides a 180-day window to re-associate while keeping the priority date.