Frequently Asked EB-5 Questions*
Who qualifies to apply for an EB-5 visa?
Provided the investor is admissible under U.S. immigration law, meets the required investment threshold, and can document that the investment funds were lawfully obtained, they may apply for an EB-5 immigrant visa. There are no job offer, family sponsorship, English language, or educational requirements, which makes the EB-5 program particularly attractive to many investors.
What is the required investment amount?
As of January 2026, the minimum required EB-5 investment is $800,000 if the investment is made in a Targeted Employment Area (TEA). For investments located outside of a TEA, the required investment amount is $1,050,000. Most Regional Center projects are structured in TEAs and therefore qualify for the reduced investment amount.
What is a Targeted Employment Area (TEA)?
A TEA is either a rural area or an area experiencing high unemployment, as defined under current EB-5 regulations. TEA designation is determined by USCIS based on statutory criteria in effect at the time of filing.
What is the difference between a direct EB-5 investment and a Regional Center investment?
A direct EB-5 investment is the original EB-5 model created in 1990 and typically involves investment into an operating business in which the investor has a management or policy-making role. Under a direct investment, all required jobs must be direct, full-time jobs.
A Regional Center investment is made through a USCIS-designated Regional Center and is generally structured as a passive investment. Regional Center projects allow for the counting of direct and indirect jobs toward the job creation requirement, which provides greater flexibility. Most Regional Center investments qualify for the reduced $800,000 threshold, and most investors utilize this path considering it involves quicker processing times.
I want a higher return than most Regional Center projects offer, but I don’t want to manage daily operations. What are my options?
Many investors are unaware that a direct EB-5 investment does not require day-to-day management. EB-5 regulations permit investors to qualify through a policy-making role, such as serving on a board of directors. This structure allows for greater flexibility while still meeting EB-5 requirements.
In appropriate cases, Barella Global assists clients in structuring compliant direct EB-5 investments that include professional management teams to handle daily operations, while the investor maintains the necessary policy-level involvement. Any discussion of potential financial returns is separate from immigration representation and must be evaluated independently with qualified financial professionals.
What is a Regional Center?
A Regional Center is a USCIS-designated public or private entity that sponsors EB-5 investment projects designed to promote economic growth. Regional Center investments allow investors to remain passive and to satisfy the job creation requirement through approved economic methodologies that include indirect job creation.
Which EB-5 investment path is best for me?
There is no one-size-fits-all answer. Factors include investment amount, risk tolerance, desired involvement in the business, immigration timing considerations, and long-term goals. A consultation with an experienced EB-5 immigration lawyer can help determine which structure best aligns with your circumstances. However, the vast majority of EB-5 petitions adjudicated are Regional Center projects (i.e. I-526E petitions).
What source of funds may be used for an EB-5 investment?
EB-5 investments may be made using lawfully obtained funds, including income from employment, business profits, property sales, securities, inheritance, gifts, or loans secured by the investor’s personal assets. All funds must be fully documented and traceable to a lawful source.
What is the EB-5 application process?
The process typically begins with an initial consultation. Once retained, the investor selects an EB-5 project and works with counsel to prepare and file the appropriate EB-5 petition (Form I-526 or I-526E). After petition approval, the investor applies for permanent residence either through adjustment of status in the United States or consular processing abroad, resulting in the issuance of a two-year conditional green card.
What is a Conditional Permanent Resident Card?
An EB-5 investor is initially granted conditional permanent residence valid for two years. Before the card expires, the investor must file Form I-829 to demonstrate that the investment was sustained and the required jobs were created. Upon approval, the conditions are removed and the investor receives a standard ten-year green card.
How long does the EB-5 process take?
Processing times vary widely depending on nationality, visa availability, project type, and government workloads. While timelines fluctuate, investors should generally expect the EB-5 process to take several years from initial filing to unconditional permanent residence. Regional Center projects tend to process faster than direct EB-5 investments.
Are there additional costs beyond the investment amount?
Yes. Investors should expect additional expenses, including legal fees, project administrative fees, USCIS filing fees, translation costs, and travel expenses.
Can I include my family in my EB-5 petition?
Yes. An EB-5 investor may include their spouse and unmarried children under 21 as derivative beneficiaries. This includes legally married same-sex spouses.
What documentation will I need to provide?
Typical documentation includes identity documents, civil records, immigration history, and extensive source-of-funds evidence, such as bank records, tax returns, contracts, and transaction records. Required documentation varies based on individual circumstances.
Can my EB-5 investment be guaranteed?
No. EB-5 regulations require that the investment be at risk. Any guarantee of return or principal would violate EB-5 requirements.
How does the EB-5 program benefit the U.S. economy?
Each EB-5 investment must result in the creation of at least ten full-time U.S. jobs. The program also injects foreign capital into U.S. businesses, supporting economic development.
Does Barella Global help select EB-5 investments?
Barella Global provides immigration legal services only. We do not offer investment advice, and no immigration attorney should do so. Providing both immigration representation and investment advice would create an unethical conflict of interest. Investors should consult licensed financial and investment professionals when evaluating EB-5 projects.
Provided the investor is admissible under U.S. immigration law, meets the required investment threshold, and can document that the investment funds were lawfully obtained, they may apply for an EB-5 immigrant visa. There are no job offer, family sponsorship, English language, or educational requirements, which makes the EB-5 program particularly attractive to many investors.
What is the required investment amount?
As of January 2026, the minimum required EB-5 investment is $800,000 if the investment is made in a Targeted Employment Area (TEA). For investments located outside of a TEA, the required investment amount is $1,050,000. Most Regional Center projects are structured in TEAs and therefore qualify for the reduced investment amount.
What is a Targeted Employment Area (TEA)?
A TEA is either a rural area or an area experiencing high unemployment, as defined under current EB-5 regulations. TEA designation is determined by USCIS based on statutory criteria in effect at the time of filing.
What is the difference between a direct EB-5 investment and a Regional Center investment?
A direct EB-5 investment is the original EB-5 model created in 1990 and typically involves investment into an operating business in which the investor has a management or policy-making role. Under a direct investment, all required jobs must be direct, full-time jobs.
A Regional Center investment is made through a USCIS-designated Regional Center and is generally structured as a passive investment. Regional Center projects allow for the counting of direct and indirect jobs toward the job creation requirement, which provides greater flexibility. Most Regional Center investments qualify for the reduced $800,000 threshold, and most investors utilize this path considering it involves quicker processing times.
I want a higher return than most Regional Center projects offer, but I don’t want to manage daily operations. What are my options?
Many investors are unaware that a direct EB-5 investment does not require day-to-day management. EB-5 regulations permit investors to qualify through a policy-making role, such as serving on a board of directors. This structure allows for greater flexibility while still meeting EB-5 requirements.
In appropriate cases, Barella Global assists clients in structuring compliant direct EB-5 investments that include professional management teams to handle daily operations, while the investor maintains the necessary policy-level involvement. Any discussion of potential financial returns is separate from immigration representation and must be evaluated independently with qualified financial professionals.
What is a Regional Center?
A Regional Center is a USCIS-designated public or private entity that sponsors EB-5 investment projects designed to promote economic growth. Regional Center investments allow investors to remain passive and to satisfy the job creation requirement through approved economic methodologies that include indirect job creation.
Which EB-5 investment path is best for me?
There is no one-size-fits-all answer. Factors include investment amount, risk tolerance, desired involvement in the business, immigration timing considerations, and long-term goals. A consultation with an experienced EB-5 immigration lawyer can help determine which structure best aligns with your circumstances. However, the vast majority of EB-5 petitions adjudicated are Regional Center projects (i.e. I-526E petitions).
What source of funds may be used for an EB-5 investment?
EB-5 investments may be made using lawfully obtained funds, including income from employment, business profits, property sales, securities, inheritance, gifts, or loans secured by the investor’s personal assets. All funds must be fully documented and traceable to a lawful source.
What is the EB-5 application process?
The process typically begins with an initial consultation. Once retained, the investor selects an EB-5 project and works with counsel to prepare and file the appropriate EB-5 petition (Form I-526 or I-526E). After petition approval, the investor applies for permanent residence either through adjustment of status in the United States or consular processing abroad, resulting in the issuance of a two-year conditional green card.
What is a Conditional Permanent Resident Card?
An EB-5 investor is initially granted conditional permanent residence valid for two years. Before the card expires, the investor must file Form I-829 to demonstrate that the investment was sustained and the required jobs were created. Upon approval, the conditions are removed and the investor receives a standard ten-year green card.
How long does the EB-5 process take?
Processing times vary widely depending on nationality, visa availability, project type, and government workloads. While timelines fluctuate, investors should generally expect the EB-5 process to take several years from initial filing to unconditional permanent residence. Regional Center projects tend to process faster than direct EB-5 investments.
Are there additional costs beyond the investment amount?
Yes. Investors should expect additional expenses, including legal fees, project administrative fees, USCIS filing fees, translation costs, and travel expenses.
Can I include my family in my EB-5 petition?
Yes. An EB-5 investor may include their spouse and unmarried children under 21 as derivative beneficiaries. This includes legally married same-sex spouses.
What documentation will I need to provide?
Typical documentation includes identity documents, civil records, immigration history, and extensive source-of-funds evidence, such as bank records, tax returns, contracts, and transaction records. Required documentation varies based on individual circumstances.
Can my EB-5 investment be guaranteed?
No. EB-5 regulations require that the investment be at risk. Any guarantee of return or principal would violate EB-5 requirements.
How does the EB-5 program benefit the U.S. economy?
Each EB-5 investment must result in the creation of at least ten full-time U.S. jobs. The program also injects foreign capital into U.S. businesses, supporting economic development.
Does Barella Global help select EB-5 investments?
Barella Global provides immigration legal services only. We do not offer investment advice, and no immigration attorney should do so. Providing both immigration representation and investment advice would create an unethical conflict of interest. Investors should consult licensed financial and investment professionals when evaluating EB-5 projects.
*The information contained on this website is provided for general informational purposes only and does not constitute legal advice. EB-5 laws, regulations, and policies are subject to change, and individual circumstances vary. The information above may not reflect the most current legal developments or apply to every situation. Investors should consult with a qualified U.S. immigration attorney to obtain advice tailored to their specific circumstances.