Question 1

Is EB-5 right for me?

Accepted Answer

EB-5 fits investors who can put $800,000 to $1,050,000 at risk for several years, who want a green card without employer sponsorship, and whose source of funds is fully documentable. If you are also an accomplished professional with national-level achievements, EB-1A or EB-2 NIW may be faster and far cheaper—we always evaluate alternatives before recommending EB-5.

Question 2

How do I evaluate a Regional Center project?

Accepted Answer

From an immigration standpoint, we look at the I-956F project documents, the job-creation methodology, the TEA or set-aside status, the escrow terms, the Regional Center's USCIS approval status and audit history, and the New Commercial Enterprise's structure. We do not assess investment return or financial risk—that requires a licensed financial advisor, and we coordinate with one when our clients need that analysis.

Question 3

Can I invest directly in my own business?

Accepted Answer

Yes—the standalone or "direct" EB-5 route lets you invest in a New Commercial Enterprise that you own and operate. The catch is that the business must create at least 10 full-time W-2 jobs (35 hours per week), and only those direct jobs count. After the RIA, an investor can no longer use a direct EB-5 business as the basis for a green card if the business is part of a Regional Center, even if jobs are sufficient.

Question 4

What's the realistic timeline from investment to green card?

Accepted Answer

EB-5 timelines are unpredictable. USCIS reported average Form I-526 processing of 53.8 months in FY 2024, with longer times reported in FY 2025. Form I-526E times are not publicly published. Country of birth and category (general or set-aside) drive a large part of the variance—China- and India-born investors face additional waits, while the rural, high-unemployment, and infrastructure set-asides created by the RIA have generally remained current.

Question 5

Can my children age out before the green card is issued?

Accepted Answer

It is a real risk in long EB-5 timelines, and one we discuss early. The Child Status Protection Act provides some protection by freezing the child's age in certain circumstances, but the protection is fact-specific. We plan around it—including, where appropriate, by considering set-aside categories that move faster.

Question 6

Do I have to live in the U.S. while my EB-5 is pending?

Accepted Answer

No. Many investors remain abroad until the petition is approved and the immigrant visa is issued. Once you have conditional permanent residence, you must maintain U.S. residence to keep the status, though the rules around work and travel are flexible compared to most nonimmigrant statuses.

Question 7

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

Accepted Answer

The RIA added important protections for innocent investors. You generally have 180 days from a notice of debarment or termination to associate with a replacement entity, and you may be able to keep your priority date and petition validity by reinvesting within prescribed timelines. The right move is highly fact-specific, which is why project diligence at the outset matters so much.

Question 8

How is Locke Immigration different on EB-5?

Accepted Answer

EB-5 is too consequential—and too document-intensive—to delegate to a junior associate or process through a template. Every Locke EB-5 case is handled directly by an experienced attorney, with a clear scope of representation and a referral network of licensed financial advisors for the investment-side questions we do not answer ourselves.

EB-5 Investor Green Card

How We Help

Applicable Visa Types

EB-5 Immigrant Investor Visa

EB-1A Green Card

EB-2 National Interest Waiver

How We Work With EB-5 Investors

Strategy & Project Diligence

Source-of-Funds Package

File I-526 or I-526E

Conditional → Permanent Residence

Frequently Asked Questions

The Visa Behind This Solution

EB-5 Immigrant Investor Visa

EB-1A Green Card

National Interest Waiver

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