EB-5: questions to ask before you commit to a project

Job creation, the project’s timeline and how your money is documented, asked before the funds move.

An EB-5 investment is two decisions at once: a business investment and an immigration case. Once the money moves, both are hard to change.

These are the questions we ask on behalf of investors before any funds leave an account. A project that answers them plainly, in writing, is easier to file.

Jobs

Each investor’s petition must show at least 10 full-time jobs for qualifying U.S. workers. Ask how the project counts them.

  • In a regional center project, jobs are usually counted with an economic model. Ask to see the model and what it assumes about construction and operating spending.
  • In a direct investment, jobs must be actual employees of the business. Ask how many exist now and when the rest will be hired.
  • Ask what cushion the project has: how many more jobs it expects than it needs for every investor.

See Regional center or direct investment for how the two models differ.

Timeline

Your conditional green card lasts two years. At the end, the Form I-829 petition must show the investment was sustained and the jobs were created or will be within a reasonable time.

Ask when construction starts, when the jobs are expected, and what happens to your capital if the project finishes early or late. Ask whether the money will be redeployed, and into what.

Your own documents

USCIS will ask where every dollar came from: salary, a business sale, a gift, a loan. Trace that path before you sign a subscription agreement, not after. See Source of funds.

Ask, too, what the project’s own documents say about risk. The investment must be at risk to qualify. A guaranteed return is a warning sign, not a feature.

Sources

Published Sept. 15, 2026. The minimum investment amounts are the current amounts USCIS publishes.

Not legal advice. Updates are general information about the law, dated when published, and may not reflect later changes. Reading them does not create an attorney-client relationship. To talk about your case, schedule a consultation.