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Frequently Asked Questions

General program and family/immigration questions. Answers stay general — always confirm specifics with your own attorney.

Last updated: August 2026Reviewed by: EB5SETU Editorial TeamScheduled review: February 2027
Family & Immigration
Which family members can be included in an EB-5 petition?

A qualifying investor may seek permanent residence for themselves, their spouse, and their unmarried children under 21 at the time of filing.

What happens if a child approaches age 21 during the process?

The Child Status Protection Act may preserve a child's eligibility in some circumstances, but the calculation is case-specific and time-sensitive. This is a question to raise with an immigration attorney as early as possible — it should not be assumed to resolve automatically.

Can the investor live anywhere in the United States?

Yes. Unlike some other visa categories, EB-5 permanent residents are not required to live near, or work for, the sponsoring project.

Must the investor manage the project on a day-to-day basis?

No. Regional Center investors are generally passive with respect to day-to-day management; the law requires an appropriate level of investor involvement in policy-making, which counsel can explain in the context of a specific offering's structure.

Can an H-1B, F-1, or other visa holder pursue EB-5?

Many nonimmigrant visa holders, including H-1B and F-1 holders, can pursue EB-5. Maintaining lawful status during the process, and understanding how EB-5 interacts with a current visa category, are questions for an immigration attorney.

What is concurrent filing?

Concurrent filing means filing Form I-485 (adjustment of status) at the same time as Form I-526E. It is only available to investors who are lawfully present in the United States when a visa is immediately available in their category and all other eligibility conditions are met — it is not available to every applicant.

Can the investor work while the case is pending?

Investors adjusting status inside the United States can generally apply for employment authorization (Form I-765) once Form I-485 is filed. Investors pursuing consular processing should discuss work-authorization timing with counsel, since it depends on their existing status.

Can the investor travel while the case is pending?

Investors adjusting status inside the United States can generally apply for a travel document (Form I-131 / advance parole). Traveling without an approved travel document while a case is pending can jeopardize that application — confirm timing with an immigration attorney before booking travel.

What is conditional permanent residence?

Conditional permanent residence is a two-year green card status granted to approved EB-5 investors and their families. Conditions are removed by filing Form I-829 near the end of the two-year period, converting the status to full permanent residence.

When is Form I-829 filed?

Form I-829 is filed during the 90-day window immediately before the two-year conditional permanent resident status expires.

When might citizenship become possible?

Permanent residents generally become eligible to apply for U.S. citizenship after five years of continuous permanent residence, subject to other statutory requirements. This is a general timeline, not a guarantee, and should be confirmed with an immigration attorney based on individual circumstances.

Investment
What is the minimum EB-5 investment amount?

$800,000 for a qualifying rural TEA, high-unemployment TEA, or infrastructure project, and $1,050,000 for a standard (non-TEA) project. See our Investment Amounts guide for detail.

Is my investment guaranteed to be repaid?

No. EB-5 capital must be placed "at risk" by law, and no return of capital, return on investment, or repayment timeline is guaranteed. Review the Understanding EB-5 Risks page and the applicable offering documents before investing.

Program
Does USCIS approve or endorse EB-5 projects?

USCIS may approve a Regional Center's Form I-956F for a specific offering, which reflects USCIS's regulatory review of that filing. It is not a government endorsement of the investment's financial merits, an investment recommendation, or a guarantee that any individual investor's Form I-526E will be approved.

Sources

This article is for general educational purposes only and does not constitute legal, immigration, tax, or investment advice. It does not describe the terms of any specific offering. EB-5 law, USCIS policy, and Visa Bulletin availability change over time — confirm current requirements with USCIS, the U.S. Department of State, and your own independent immigration, securities, and tax advisors before making any decision.