Question 1

How much do I have to invest?

Accepted Answer

$800,000 if your project is in a Targeted Employment Area (rural area, high-unemployment area, or infrastructure project) or $1,050,000 otherwise. These amounts are set by the EB-5 Reform & Integrity Act of 2022 and adjust automatically every five years for inflation, beginning January 1, 2027.

Question 2

What is a Targeted Employment Area (TEA)?

Accepted Answer

Under the RIA, USCIS—not the states—designates TEAs. A TEA is either a rural area, a high-unemployment census tract or contiguous tracts with unemployment of at least 150% of the national average, or an infrastructure project. TEA designations for Regional Center projects are valid for two years from the date of the I-956F submission.

Question 3

Regional Center or direct investment—what's the difference?

Accepted Answer

Direct (or "standalone") EB-5 requires the investor to create 10 full-time W-2 positions in a single business. Regional Center EB-5 lets investors pool capital into a USCIS-designated Regional Center project and count direct, indirect, and induced jobs. Historically, fewer than 5% of EB-5 investors use the direct route. Regional Center is more common for purely passive investment; direct EB-5 is most often used by entrepreneurs investing in their own active business.

Question 4

What is the September 30, 2026 grandfathering deadline?

Accepted Answer

The RIA's grandfathering provision protects EB-5 petitions filed on or before September 30, 2026 if Congress allows the Regional Center program to lapse at the next reauthorization deadline of September 30, 2027. USCIS is directed to continue processing grandfathered petitions even if the program is not extended. Petitions filed after September 30, 2026 are not covered by the grandfathering provision, which makes the deadline materially time-sensitive for prospective Regional Center investors. Congress may still extend or modify the program before either deadline, but grandfathering is the only statutorily-guaranteed protection against a program lapse.

Question 5

How long does the sustainment period have to be?

Accepted Answer

For investors who file Form I-526/E after March 15, 2022, the RIA requires the investment to be sustained for at least two years from the date the entire investment is made to the job-creating entity. The sustainment period is no longer tied to the length of conditional residence. Litigation about the agency's interpretation is ongoing, so we advise clients on the current posture and what to monitor.

Question 6

How long does an EB-5 case take?

Accepted Answer

EB-5 timelines are unpredictable and depend on the project, the petitioner's country of birth, the visa category used (general or set-aside), and USCIS adjudication backlogs. Based on recent USCIS data, post-RIA Regional Center I-526E petitions average approximately 13.5 months and post-RIA standalone I-526 petitions average approximately 27.5 months. Legacy pre-RIA cases continue to take significantly longer—often 60+ months, and longer still for China-born petitioners. Reserved-category petitions (rural, high-unemployment, infrastructure) have generally moved faster than the general category. Visa-bulletin availability for China- and India-born investors can extend total timelines further regardless of petition processing speed.

Question 7

What does the source-of-funds analysis involve?

Accepted Answer

We must show—with documents, not assertions—that every dollar of the qualifying investment came from a lawful source and reached the New Commercial Enterprise through a traceable path. That typically includes tax returns, employment records, business financials, sale documents, gift or loan agreements, bank statements, and wire records. Source-of-funds rigor is one of the most common pressure points in EB-5 adjudications.

Question 8

Can my spouse and children get green cards too?

Accepted Answer

Yes. Your spouse and unmarried children under 21 can obtain green cards as derivative beneficiaries of your EB-5 petition. The Child Status Protection Act provides some protection against children aging out, but timing remains a planning consideration we discuss early.

Question 9

Can I work in the U.S. while my EB-5 is pending?

Accepted Answer

If you are already in the U.S. in valid nonimmigrant status and a visa is available, the RIA allows you to file Form I-485 to adjust status concurrently with—or after—your I-526/E petition. With a pending I-485 you can apply for an Employment Authorization Document. If you are abroad, you process the immigrant visa at a U.S. consulate.

Question 10

What happens if the project fails or the Regional Center is terminated?

Accepted Answer

The RIA added meaningful protections. Investors generally have 180 days from a notice of debarment or termination to associate with a replacement entity, and may be able to retain their priority date and petition validity by reinvesting within prescribed timelines. The right answer is highly fact-specific and one of the reasons project diligence matters before you invest.

Question 11

Does Locke Immigration Law recommend EB-5 projects?

Accepted Answer

No. Investment advice is a regulated activity that requires the appropriate licensure (FINRA Registered Investment Advisor or Broker-Dealer). What we do is analyze the immigration-related compliance of a proposed project—the I-956F documents, job-creation methodology, TEA designation, escrow terms, and similar factors—and we coordinate with licensed financial advisors who specialize in EB-5 project analysis when investors need help on the financial side.

EB-5 Immigrant Investor Visa

About This Visa

EB-5 Eligibility Requirements

Ready to discuss your case?

The EB-5 Process

Project Selection & Strategy

Source-of-Funds Documentation

File Form I-526 or I-526E

Conditional Permanent Residence

File Form I-829 to Remove Conditions

Results, Credentials, Press

Frequently Asked Questions

Hiring for This Visa?

EB-5 Investor Green Card

EB-2 National Interest Waiver

Ready to Get Started?