The EB-5 pathway
A clear, staged process — each step builds the documentation and standing needed for the next. Processing times and visa availability vary by case and country of chargeability.
Evaluate eligibility
Review investment capacity, immigration history, and family goals before committing to a project or a filing timeline.
Select a qualifying investment
Perform due diligence on the project, its Regional Center status, and its job-creation methodology.
Prepare and file the petition
Regional Center investors generally file Form I-526E, supported by a complete source-of-funds package.
Conditional permanent residence
After petition approval and visa availability, eligible applicants receive conditional resident status.
Remove conditions
Form I-829 is filed near the end of the conditional period, demonstrating continued compliance with EB-5 requirements.
Lawful source of funds
This is usually the most document-intensive part of an EB-5 filing. Investors should be ready to trace both where the funds came from and how they moved into the investment.
Employment income
Salary records, tax filings, bank statements, and employer letters.
Business income
Company registration, ownership records, dividends, and financial statements.
Property sale
Purchase documents, sale deed, valuation, and the proceeds trail.
Gift or inheritance
Donor documentation, gift deed, inheritance records, and bank transfers.
Loans
Collateral evidence, loan agreements, and lender source documentation.
Background review
Police clearance, prior visa history, and admissibility considerations.
What thorough diligence covers
An EB-5 decision touches immigration, financial, tax, and securities questions at once. Independent professional review is essential at every stage.
Immigration diligence
Project documents, job-creation methodology, Regional Center status, and filing strategy, reviewed with EB-5 counsel.
Financial diligence
Capital stack, repayment assumptions, project risk, and whether projected returns are realistic.
Securities diligence
Offering documents, disclosures, investor suitability, and conflicts of interest.
Tax diligence
U.S. tax residency, worldwide income exposure, and pre-immigration planning.
Exit planning
Redeployment terms, sustainment period, and the limits of any repayment expectation.