Eligibility
Review petition evidence, lawful source and path of funds, and the personal facts that should be discussed with immigration counsel.
A practical EB-5 due-diligence guide for investors who want to ask better questions about the project, capital structure, job creation, and immigration process before making a decision.
Educational resource · Last reviewed August 15, 2026
EB-5 connects an immigration process to an at-risk investment. The most useful diligence separates the questions: eligibility, visa availability, investment structure, and project execution. A strong answer in one area does not eliminate the need to examine the others.
USCIS explains that designation of a regional center does not endorse the regional center’s activities, guarantee compliance with U.S. securities laws, or minimize or eliminate risk to an investor.
Source: USCIS — Approved EB-5 Immigrant Investor Regional Centers
Review petition evidence, lawful source and path of funds, and the personal facts that should be discussed with immigration counsel.
Follow the current Visa Bulletin and the processing route that may apply. A category’s status can change.
Understand how the offering is organized, the material risks, repayment assumptions, fees, and investor rights.
Assess the business plan, job-creation methodology, financing, permits, market assumptions, and sponsor accountability.
Marketing material can introduce an opportunity, but it does not replace the current documents that explain the investment, its terms, its risks, the project’s assumptions, and material relationships. Request information in writing and take the time to understand it.
The SEC and USCIS joint investor alert advises prospective investors to examine the offering memorandum or private placement memorandum carefully, ask follow-up questions, and seek independent verification of material claims.
Source: SEC/USCIS Investor Alert — Investment Scams Exploit Immigrant Investor Program
No checklist can determine project suitability or immigration eligibility. It can help make your review more focused, better documented, and more transparent.
USCIS states that qualifying rural investments have a 20% annual visa set-aside and that rural petitions receive statutory priority processing. Those program features are important context, but they are not a substitute for reviewing the business plan, job-creation analysis, capital structure, and personal immigration circumstances.
Current visa availability and agency workflow can change. Always check the Department of State’s current Visa Bulletin and USCIS guidance before relying on a general statement about timing or availability.
Sources: USCIS — About the EB-5 Visa Classification · U.S. Department of State — Visa Bulletin
EB-5 capital must be at risk. A regional-center designation, project filing, or marketing statement does not guarantee an immigration outcome, a specific processing time, an investment return, or repayment of capital.
Be cautious of any claim that a green card, visa, approval, or specific timing is guaranteed.
Be skeptical of “risk-free” language, a guaranteed return, or a promise that capital will be returned.
Pause when documents are unavailable, material claims cannot be verified, or independent advice is discouraged.
Source: SEC/USCIS Investor Alert — Investment Scams Exploit Immigrant Investor Program
These official resources are a reliable starting point for understanding program rules and investor-protection guidance. They do not replace independent professional advice or the current documents for a specific offering.
Paragon can help prospective investors navigate its educational resources and current project information. Personal immigration, tax, securities, and investment decisions should be made with appropriate independent advisers.
These answers address the questions prospective investors most often research before beginning EB-5 due diligence. Program rules, Visa Bulletin categories, government fees, and offering terms can change, so confirm time-sensitive issues with current official sources and qualified advisers.
EB-5 is an employment-based immigrant category administered by USCIS. In general, an investor makes the required investment in a new commercial enterprise that creates qualifying jobs; an eligible spouse and unmarried children under 21 may be included as derivative family members. USCIS program overview
For petitions filed on or after March 15, 2022, USCIS lists a $1,050,000 standard minimum and an $800,000 minimum for qualifying targeted employment area or infrastructure investments. USCIS states that its first inflation-based adjustment under current law is effective for petitions filed on or after January 1, 2027, so investors should verify the amount applicable at filing. USCIS investment requirements
A TEA can be a qualifying rural area or a high-unemployment area as defined under the EB-5 rules. TEA status can affect the required minimum investment amount, but the relevant project documentation and current law—not a general location label—should be reviewed for a specific offering.
Both can qualify for the reduced investment amount when the requirements are met, but they are distinct categories. The Reform and Integrity Act reserves 20% of annual EB-5 visas for qualifying rural investments and 10% for qualifying high-unemployment-area investments; it also reserves 2% for infrastructure projects. USCIS set-aside guidance
No. USCIS is required to prioritize rural petitions and describes a rural-first queue in its current inventory-management framework, but priority processing is not a guaranteed adjudication time, visa outcome, or green card. Actual timing can vary with agency workflow, petition facts, and visa availability. USCIS EB-5 questions and answers
Each EB-5 investor generally must be associated with at least 10 qualifying full-time jobs. USCIS defines full time as a position requiring at least 35 working hours per week; regional-center investments may count direct and indirect jobs under the applicable rules. USCIS job-creation requirements
A regional center is an organization designated by USCIS based on a proposal to promote economic growth. Regional-center investors may use the job-counting rules applicable to that program, but a regional-center designation is not an endorsement of the regional center or its investments. USCIS regional-center list and disclosure
No. USCIS specifically states that regional-center designation does not endorse a regional center’s activities, guarantee securities-law compliance, or minimize or eliminate investor risk. Investment and immigration risks should be reviewed independently. Read the USCIS disclosure
Form I-526 is the immigrant petition for a standalone EB-5 investor. Form I-526E is the petition used by an investor in a regional-center project. The right form depends on the investment structure and should be confirmed with immigration counsel. USCIS EB-5 process
Form I-956F is the regional-center project application for approval of an investment in a commercial enterprise. USCIS states that the application must be filed before associated I-526E petitions and that it makes an official I-956F decision before associated I-526E petitions; an I-956F status does not independently guarantee an individual investor’s petition outcome. USCIS I-956F guidance
USCIS requires an investor to establish legal ownership of the capital and that it was obtained through lawful means. The investor also needs to document the path of funds; the evidence needed depends on the individual facts and should be planned with qualified immigration counsel. USCIS Policy Manual
USCIS policy permits gifts and loans in specified circumstances, but each requires documentation of the lawful source and the movement of funds. A loan used as EB-5 capital has specific collateral and personal-liability requirements, so it should be reviewed carefully with counsel. USCIS source-of-funds policy
For a qualifying investment, capital must be placed at risk for the purpose of generating a return, with a risk of loss and a chance for gain. A guaranteed return or a contractual right to repayment can conflict with the EB-5 capital requirements. USCIS capital-at-risk policy
There is no guaranteed return of capital in EB-5. Any repayment strategy, security, collateral, or potential exit must be evaluated through the current offering documents, project performance assumptions, and independent professional advice; it should never be presented as a promise.
The statutory investment amount is not the whole budget. Government filing fees, immigration counsel, tax planning, document translation, project administrative fees, and other costs can vary. Review current USCIS fees, adviser fees, and the applicable offering documents rather than relying on a single quoted total.
There is no universal EB-5 processing timeline. The path can involve project preparation, petition adjudication, current visa availability, adjustment of status or consular processing, and the later I-829 stage. USCIS processing information and the Visa Bulletin should be checked at the time of planning. USCIS process overview
The Department of State publishes the Visa Bulletin monthly to show immigrant-visa availability, including Final Action Dates and Dates for Filing. A category can change from month to month, and USCIS also publishes which chart adjustment applicants may use for that month. Current Visa Bulletin
Availability depends on the relevant chargeability area, category, priority date, and the current monthly Visa Bulletin. Do not rely on an old article or generalized “current” statement; check the present bulletin and discuss the individual situation with immigration counsel. Check the current Visa Bulletin
H-1B holders may explore EB-5, but eligibility, status maintenance, travel, dependents, source-of-funds evidence, and filing strategy are individual legal questions. If an immigrant visa is immediately available and other conditions are met, USCIS states that adjustment of status may be filed with, while, or after an I-526 or I-526E petition is pending. USCIS concurrent-filing process
Concurrent filing generally refers to filing Form I-485 before the underlying immigrant petition is approved. USCIS states that applicants may file I-485 with, while, or after I-526/I-526E is pending when an immigrant visa is immediately available and they meet the applicable adjustment-of-status requirements. USCIS concurrent-filing guidance
After approval of adjustment of status or admission with an EB-5 immigrant visa, USCIS grants conditional permanent residence to the investor and eligible derivative family members for two years. The investor must later file Form I-829 to request removal of conditions. USCIS EB-5 process
Form I-829 is the petition used to request removal of conditions on permanent resident status. USCIS says it must be filed during the 90-day period immediately before the second anniversary of adjustment or admission as a conditional permanent resident. USCIS I-829 process
Start with the current offering memorandum, subscription and operating agreements, business plan, job-creation analysis, budget, loan and security documents, relevant reports, and disclosures about fees, affiliates, and conflicts. A meaningful review also tests whether material marketing claims are supported by the underlying documents.
Confirm the regional center’s current USCIS designation, then conduct independent review of the specific offering, project documents, sponsor experience, conflicts, capital structure, job analysis, and disclosures. USCIS designation alone does not evaluate the quality or suitability of any investment. USCIS regional-center information
There is no single “best” EB-5 project for every investor. A responsible comparison considers immigration eligibility, Visa Bulletin implications, job-creation methodology, capital stack, repayment assumptions, project economics, sponsor incentives, risk tolerance, and current offering terms. This due-diligence guide is a starting point for that review—not a recommendation.
SEC and USCIS investor guidance identifies promised visas or green cards, guaranteed investment returns, claims of no risk, unregistered or unlicensed sellers, unclear conflicts, and inconsistent information as important warning signs. Request written documents and seek independent verification before making a decision. Read the SEC/USCIS investor alert
USCIS states that immigrant visas are authorized under the current Regional Center Program through September 30, 2027. Legislative and administrative developments can change, so confirm current law and obtain legal advice before making a decision based on program-authority timing. USCIS program authorization information
Key sources: USCIS EB-5 Program · USCIS Policy Manual · U.S. Department of State Visa Bulletin · SEC/USCIS Investor Alert
This material is provided for general educational purposes only. It is not legal, tax, investment, financial, or securities advice, and it is not an offer to sell or a solicitation to buy any security. EB-5 eligibility, visa availability, project suitability, and investment outcomes depend on individual circumstances, current law, and the terms of applicable offering documents. Prospective investors should consult qualified immigration, tax, securities, and financial professionals and review current offering documents before making a decision.
A practical EB-5 due-diligence guide for investors who want to ask better questions about the project, capital structure, job creation, and immigration process before making a decision.
Educational resource · Last reviewed August 15, 2026
EB-5 connects an immigration process to an at-risk investment. The most useful diligence separates the questions: eligibility, visa availability, investment structure, and project execution. A strong answer in one area does not eliminate the need to examine the others.
USCIS explains that designation of a regional center does not endorse the regional center’s activities, guarantee compliance with U.S. securities laws, or minimize or eliminate risk to an investor.
Source: USCIS — Approved EB-5 Immigrant Investor Regional Centers
Review petition evidence, lawful source and path of funds, and the personal facts that should be discussed with immigration counsel.
Follow the current Visa Bulletin and the processing route that may apply. A category’s status can change.
Understand how the offering is organized, the material risks, repayment assumptions, fees, and investor rights.
Assess the business plan, job-creation methodology, financing, permits, market assumptions, and sponsor accountability.
Marketing material can introduce an opportunity, but it does not replace the current documents that explain the investment, its terms, its risks, the project’s assumptions, and material relationships. Request information in writing and take the time to understand it.
The SEC and USCIS joint investor alert advises prospective investors to examine the offering memorandum or private placement memorandum carefully, ask follow-up questions, and seek independent verification of material claims.
Source: SEC/USCIS Investor Alert — Investment Scams Exploit Immigrant Investor Program
No checklist can determine project suitability or immigration eligibility. It can help make your review more focused, better documented, and more transparent.
USCIS states that qualifying rural investments have a 20% annual visa set-aside and that rural petitions receive statutory priority processing. Those program features are important context, but they are not a substitute for reviewing the business plan, job-creation analysis, capital structure, and personal immigration circumstances.
Current visa availability and agency workflow can change. Always check the Department of State’s current Visa Bulletin and USCIS guidance before relying on a general statement about timing or availability.
Sources: USCIS — About the EB-5 Visa Classification · U.S. Department of State — Visa Bulletin
EB-5 capital must be at risk. A regional-center designation, project filing, or marketing statement does not guarantee an immigration outcome, a specific processing time, an investment return, or repayment of capital.
Be cautious of any claim that a green card, visa, approval, or specific timing is guaranteed.
Be skeptical of “risk-free” language, a guaranteed return, or a promise that capital will be returned.
Pause when documents are unavailable, material claims cannot be verified, or independent advice is discouraged.
Source: SEC/USCIS Investor Alert — Investment Scams Exploit Immigrant Investor Program
These official resources are a reliable starting point for understanding program rules and investor-protection guidance. They do not replace independent professional advice or the current documents for a specific offering.
These answers address the questions prospective investors most often research before beginning EB-5 due diligence. Program rules, Visa Bulletin categories, government fees, and offering terms can change, so confirm time-sensitive issues with current official sources and qualified advisers.
EB-5 is an employment-based immigrant category administered by USCIS. In general, an investor makes the required investment in a new commercial enterprise that creates qualifying jobs; an eligible spouse and unmarried children under 21 may be included as derivative family members. USCIS program overview
For petitions filed on or after March 15, 2022, USCIS lists a $1,050,000 standard minimum and an $800,000 minimum for qualifying targeted employment area or infrastructure investments. USCIS states that its first inflation-based adjustment under current law is effective for petitions filed on or after January 1, 2027, so investors should verify the amount applicable at filing. USCIS investment requirements
A TEA can be a qualifying rural area or a high-unemployment area as defined under the EB-5 rules. TEA status can affect the required minimum investment amount, but the relevant project documentation and current law—not a general location label—should be reviewed for a specific offering.
Both can qualify for the reduced investment amount when the requirements are met, but they are distinct categories. The Reform and Integrity Act reserves 20% of annual EB-5 visas for qualifying rural investments and 10% for qualifying high-unemployment-area investments; it also reserves 2% for infrastructure projects. USCIS set-aside guidance
No. USCIS is required to prioritize rural petitions and describes a rural-first queue in its current inventory-management framework, but priority processing is not a guaranteed adjudication time, visa outcome, or green card. Actual timing can vary with agency workflow, petition facts, and visa availability. USCIS EB-5 questions and answers
Each EB-5 investor generally must be associated with at least 10 qualifying full-time jobs. USCIS defines full time as a position requiring at least 35 working hours per week; regional-center investments may count direct and indirect jobs under the applicable rules. USCIS job-creation requirements
A regional center is an organization designated by USCIS based on a proposal to promote economic growth. Regional-center investors may use the job-counting rules applicable to that program, but a regional-center designation is not an endorsement of the regional center or its investments. USCIS regional-center list and disclosure
No. USCIS specifically states that regional-center designation does not endorse a regional center’s activities, guarantee securities-law compliance, or minimize or eliminate investor risk. Investment and immigration risks should be reviewed independently. Read the USCIS disclosure
Form I-526 is the immigrant petition for a standalone EB-5 investor. Form I-526E is the petition used by an investor in a regional-center project. The right form depends on the investment structure and should be confirmed with immigration counsel. USCIS EB-5 process
Form I-956F is the regional-center project application for approval of an investment in a commercial enterprise. USCIS states that the application must be filed before associated I-526E petitions and that it makes an official I-956F decision before associated I-526E petitions; an I-956F status does not independently guarantee an individual investor’s petition outcome. USCIS I-956F guidance
USCIS requires an investor to establish legal ownership of the capital and that it was obtained through lawful means. The investor also needs to document the path of funds; the evidence needed depends on the individual facts and should be planned with qualified immigration counsel. USCIS Policy Manual
USCIS policy permits gifts and loans in specified circumstances, but each requires documentation of the lawful source and the movement of funds. A loan used as EB-5 capital has specific collateral and personal-liability requirements, so it should be reviewed carefully with counsel. USCIS source-of-funds policy
For a qualifying investment, capital must be placed at risk for the purpose of generating a return, with a risk of loss and a chance for gain. A guaranteed return or a contractual right to repayment can conflict with the EB-5 capital requirements. USCIS capital-at-risk policy
There is no guaranteed return of capital in EB-5. Any repayment strategy, security, collateral, or potential exit must be evaluated through the current offering documents, project performance assumptions, and independent professional advice; it should never be presented as a promise.
The statutory investment amount is not the whole budget. Government filing fees, immigration counsel, tax planning, document translation, project administrative fees, and other costs can vary. Review current USCIS fees, adviser fees, and the applicable offering documents rather than relying on a single quoted total.
There is no universal EB-5 processing timeline. The path can involve project preparation, petition adjudication, current visa availability, adjustment of status or consular processing, and the later I-829 stage. USCIS processing information and the Visa Bulletin should be checked at the time of planning. USCIS process overview
The Department of State publishes the Visa Bulletin monthly to show immigrant-visa availability, including Final Action Dates and Dates for Filing. A category can change from month to month, and USCIS also publishes which chart adjustment applicants may use for that month. Current Visa Bulletin
Availability depends on the relevant chargeability area, category, priority date, and the current monthly Visa Bulletin. Do not rely on an old article or generalized “current” statement; check the present bulletin and discuss the individual situation with immigration counsel. Check the current Visa Bulletin
H-1B holders may explore EB-5, but eligibility, status maintenance, travel, dependents, source-of-funds evidence, and filing strategy are individual legal questions. If an immigrant visa is immediately available and other conditions are met, USCIS states that adjustment of status may be filed with, while, or after an I-526 or I-526E petition is pending. USCIS concurrent-filing process
Concurrent filing generally refers to filing Form I-485 before the underlying immigrant petition is approved. USCIS states that applicants may file I-485 with, while, or after I-526/I-526E is pending when an immigrant visa is immediately available and they meet the applicable adjustment-of-status requirements. USCIS concurrent-filing guidance
After approval of adjustment of status or admission with an EB-5 immigrant visa, USCIS grants conditional permanent residence to the investor and eligible derivative family members for two years. The investor must later file Form I-829 to request removal of conditions. USCIS EB-5 process
Form I-829 is the petition used to request removal of conditions on permanent resident status. USCIS says it must be filed during the 90-day period immediately before the second anniversary of adjustment or admission as a conditional permanent resident. USCIS I-829 process
Start with the current offering memorandum, subscription and operating agreements, business plan, job-creation analysis, budget, loan and security documents, relevant reports, and disclosures about fees, affiliates, and conflicts. A meaningful review also tests whether material marketing claims are supported by the underlying documents.
Confirm the regional center’s current USCIS designation, then conduct independent review of the specific offering, project documents, sponsor experience, conflicts, capital structure, job analysis, and disclosures. USCIS designation alone does not evaluate the quality or suitability of any investment. USCIS regional-center information
There is no single “best” EB-5 project for every investor. A responsible comparison considers immigration eligibility, Visa Bulletin implications, job-creation methodology, capital stack, repayment assumptions, project economics, sponsor incentives, risk tolerance, and current offering terms. This due-diligence guide is a starting point for that review—not a recommendation.
SEC and USCIS investor guidance identifies promised visas or green cards, guaranteed investment returns, claims of no risk, unregistered or unlicensed sellers, unclear conflicts, and inconsistent information as important warning signs. Request written documents and seek independent verification before making a decision. Read the SEC/USCIS investor alert
USCIS states that immigrant visas are authorized under the current Regional Center Program through September 30, 2027. Legislative and administrative developments can change, so confirm current law and obtain legal advice before making a decision based on program-authority timing. USCIS program authorization information
Key sources: USCIS EB-5 Program · USCIS Policy Manual · U.S. Department of State Visa Bulletin · SEC/USCIS Investor Alert
Paragon can help prospective investors navigate its educational resources and current project information. Personal immigration, tax, securities, and investment decisions should be made with appropriate independent advisers.
This material is provided for general educational purposes only. It is not legal, tax, investment, financial, or securities advice, and it is not an offer to sell or a solicitation to buy any security. EB-5 eligibility, visa availability, project suitability, and investment outcomes depend on individual circumstances, current law, and the terms of applicable offering documents. Prospective investors should consult qualified immigration, tax, securities, and financial professionals and review current offering documents before making a decision.