GENERAL INFORMATION · Official sources checked · Plain English · Not legal advice
American Ambassador · Straight Talk For Canadians

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

The investor relies on the qualifying enterprise and direct job creation rather than a regional-center indirect-job model.

Regional center

Pooled projects may use authorized indirect-job methods, but designation or project approval is not government endorsement or investment safety.

Separate diligence

Immigration counsel does not replace securities, tax, accounting, financial, and independent project review.

Three Dates That Need Current Review

  1. 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.

  2. January 1, 2027

    The first automatic investment adjustment date. Exact adjusted amounts require the official DHS Federal Register notice.

  3. September 30, 2027

    Current statute makes regional-center visas available through this date unless Congress changes the law.

The Investment-Safety Boundary

Immigration approval is not investment approval

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

Sources checked August 2026. Recheck forms, fees, policy, Visa Bulletin availability, and processing information before relying on any page.

American Ambassador is an independent Canada-to-USA education and relocation resource. This is general information only. I’m not an immigration lawyer.