EB-5 KNOWLEDGE CENTER
Understand the path before investing.
Understand the basic requirements, the U.S. and overseas immigration routes, and what each approval means.
THE ESSENTIALS
Start with six essentials.
01
Investment amount
As of October 2026, the standard minimum investment is $1.05 million; qualifying targeted employment area (TEA) or infrastructure projects use $800,000. Government, professional, and project fees are additional. Statutory periodic adjustments begin in 2027; verify the applicable amount before filing.
02
Job creation
Each investor must satisfy the requirement for at least 10 qualifying full-time jobs. Regional center projects count direct and indirect employment under the applicable rules and economic analysis.
03
Lawful funds and transfer path
Evidence should explain how funds were lawfully obtained, transferred, and invested. Depending on the source, records may include income and tax evidence, asset-sale, gift or loan documents, and the corresponding bank trail.
04
Family members
An eligible spouse and unmarried children under 21 may apply as derivatives. Age-related eligibility and protections require an individual review of dates and visa availability.
05
Investment at risk
EB-5 is an investment-based immigration category. Project approval, individual immigration decisions, and capital return are separate matters. Approval is not a government guarantee of commercial performance or principal protection.
06
Visa availability and timing
Country of chargeability, visa category, evidence, and government processing affect timing. Check the current Visa Bulletin and USCIS filing-chart guidance; a project approval date does not establish an investor’s approval timeline.
YOUR EB-5 PATH
One investment process. Two immigration routes.
Review the project
Review the regional center, NCE/JCE entities, project approvals, business plan, job analysis, funding structure, and investment terms. Redacted case documents provide examples of distinct milestones.
Prepare the investment and evidence
Prepare lawful-source and complete transfer-path evidence. Specific investment arrangements should follow the formal offering documents, agreements, and individual professional review.
File the investor’s I-526E
A regional center investor files Form I-526E for immigrant classification. Form I-956F concerns the project and is filed by the regional center. I-526E approval by itself does not confer permanent residence.
Follow the applicable immigration route
Inside the U.S.: I-485
If eligible for adjustment and an immigrant visa is available, I-485 may be filed concurrently with I-526E, while it is pending, or after approval. Concurrent-filing eligibility requires individual review.
Outside the U.S.: Consular processing
Following I-526E approval and visa availability, pursue an immigrant visa through the NVC, DS-260, and consular interview process. Admission with the issued visa establishes the corresponding resident status.
Obtain two-year conditional residence
Upon I-485 approval or admission with an EB-5 immigrant visa, eligible investors and derivative family members receive conditional permanent residence for two years.
File I-829 to remove conditions
Generally, file I-829 during the 90-day period immediately before the second anniversary of conditional residence and demonstrate compliance with the applicable investment and job requirements. Approval removes the conditions on permanent residence.
Review the immigration evidence and the investment, exit, and repayment terms separately.
BEFORE YOU DECIDE
Questions to ask before deciding.
- Do the project entities, regional center sponsorship, and approval documents align?
- What supports the business plan, use of funds, job creation, and construction progress?
- How are all fees, investment terms, extensions, and exit provisions defined?
- Which source-of-funds, status, age, and visa-availability issues need individual review?
QUESTIONS & ANSWERS
Clear answers to common questions.
What does I-956F approval mean?
It is a project-level decision. Each investor has a separate I-526E petition and I-485 or consular process. A project approval label does not mean every investor has a green card.
Does filing or approval of I-526E authorize work or travel?
I-526E alone does not provide work or travel authorization. Employment and international travel must be assessed separately based on the individual’s status and any applicable adjustment, employment, or travel documents.
How do two-year and ten-year green cards differ?
EB-5 investors initially obtain conditional permanent residence. Approval of I-829 removes the conditions. The Wingate example on this website includes a notice and ten-year card from that later stage.
When is investment capital returned?
Immigration and capital return follow separate tracks. Repayment depends on the agreements, project circumstances, and applicable immigration requirements; it is not automatically triggered by an approval notice.
Do the displayed documents represent all investors?
No. These are reviewed, redacted individual documents, not a complete investor census or a basis for an approval rate. One investor may have documents at multiple stages.
What should I prepare for an initial inquiry?
Start with the project of interest, whether you are inside or outside the United States, the family members involved, and your general timing. Do not include passport or A-numbers or full financial documents in the initial form.
USCIS · EB-5 Requirements ↗USCIS · EB-5 Process ↗Visa Bulletin ↗
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NY Entrepreneurs Fund, LLC
39-07 Prince Street, Suite 4B, Flushing, NY 11354