EB-5 is not simply buying a green card.
Capital, jobs, lawful funds, conditional residence, visa availability, project diligence, and financial risk all matter.
The Plain-English EB-5 Test
- Qualifying capital in a new commercial enterprise.
- Capital genuinely at risk.
- Lawful source and complete path of funds.
- At least ten qualifying full-time jobs per investor under the applicable rules.
- A direct or regional-center structure that meets current law.
- Petition, visa availability, admissibility, residence, and removal-of-conditions approval.
Direct And Regional-Center Routes
Direct EB-5
Regional center
Separate diligence
Three Dates That Need Current Review
- September 30, 2026
The statute protects specified regional-center-based petitions filed on or before this date from denial based solely on later program expiration. It is not a merits or approval guarantee.
- January 1, 2027
The first automatic investment adjustment date. Exact adjusted amounts require the official DHS Federal Register notice.
- September 30, 2027
Current statute makes regional-center visas available through this date unless Congress changes the law.
The Investment-Safety Boundary
A regional-center designation, project filing, petition approval, or green-card process does not guarantee project success, capital repayment, return, or protection from fraud.
Questions To Bring To Counsel
- Is EB-5 realistic enough to investigate?
- Which investment amount and statutory rules apply on the filing date?
- How must every source and transfer of funds be proved?
- How are jobs measured and protected?
- What happens if the project changes, defaults, or returns capital early?
- What family, age-out, visa-availability, tax, securities, and project-diligence issues require separate review?
Official Sources And Review Status
USCIS
Department of State
Congress and SEC
Sources checked August 2026. Recheck forms, fees, policy, Visa Bulletin availability, and processing information before relying on any page.