Who is eligible for EB-5 visa?

Yes — but it’s not guaranteed. The return of your EB-5 investment depends on multiple factors, including the type of project you invest in, the success of that project, and the terms laid out in your investment agreement.

To comply with EB-5 regulations and maximize your chances of capital recovery, here’s what you need to know:

Capital Must Remain “At Risk”

According to USCIS regulations, your capital must be “at risk” for the duration of the conditional residency period (typically 2 years).
This means:

• There can be no guaranteed return on your investment.
• You cannot receive early repayment without risking your immigration eligibility.

This requirement ensures that your investment contributes to the U.S. economy in a meaningful way.

Project Success Determines Repayment

Whether you recover your funds largely depends on the financial performance of the project.

• Loan-based projects: Generally repay investors when the loan matures (usually after 5–7 years).
• Equity-based projects: Dependent on the business’s profitability or future sale. If the project fails, capital may be lost.

Timeline for Repayment

Capital is typically returned after these key milestones:

• You receive conditional Green Card (valid for 2 years)
• You file or receive approval of Form I‑829 to remove conditions
• The investment term has ended, often 5–7 years from the date of investment

Some projects allow early payout after the I-829 is filed, but others may wait until it is fully approved.

Exit Strategies and Legal Agreements Matter

Well-structured EB-5 projects will have clear exit strategies, which should be documented in your offering documents or subscription agreement.
Key components to look for include:

• When the capital will be returned
• Under what conditions the return may be delayed or restricted
• How the return will be executed (e.g. loan repayment, equity redemption)

Importance of Due Diligence

Because there’s no guarantee of profit or return, conducting thorough due diligence is essential.
Before investing, evaluate:

• The track record and financial strength of the project sponsor
• The legal structure of the investment
• Whether the project has a clear job creation plan
• Whether it is sponsored by a reputable Regional Center

Choosing the right project significantly improves your chances of getting your money back.

Summary

Need help choosing a project or reviewing an EB-5 agreement? Book your free consultation with an expert at www.uomglobal.com today — and take your first step toward U.S. permanent residency with clarity and confidence.

Although, they can both allow an investor to acquire residence based on his/her investment, there are numerous differences between the EB-5 and the U.S. Golden Visa regarding whether they are legal or not, qualification factors and actual offering of the invested amount of money.

What is an EB-5 Visa?

The EB-5 Immigrant Investor Program is a way of giving the opportunity to foreign investors and their immediate family to have a permanent residency in the U.S. ( Green Card ). To be eligible, the candidates are to:

• Invest a minimum of 800,000 dollars or 1050,000 dollars in a venture in the USA.
• Create at least 10 full-time jobs of U.S citizens.

The EB-5 program came into play in 1990 when the Congress attempted to boost the economy of the nation by using the foreign investment and also to create jobs in the nation.

What is a Golden Visa?

A Golden Visa is a residency-by-investment program that allows foreign nationals to obtain temporary or permanent residency—often with a path to citizenship—by making a qualifying financial investment in a country. Common investment options include real estate, government bonds, or national development funds. Countries like Portugal, Spain, Greece, and Malta are well-known for offering Golden Visa programs. 

Unlike the U.S. EB-5 visa, Golden Visas typically do not require job creation or active business management.

Key Differences: EB-5 vs. Golden Visa

(TEA = Targeted Employment Area)

Which Should You Choose?

Choose EB-5 if:

• You want U.S. permanent residency & citizenship.
• You can handle higher investment & longer processing.
• You need U.S. business/job opportunities.

Choose Golden Visa if:

• You want faster residency in Europe.
• You prefer lower investment & tax benefits.
• You want Schengen travel freedom.

Critical Considerations:

• EB-5 backlog still affects Chinese/Indian applicants.
• Golden Visa rules are changing fast (e.g., Portugal, Spain).
• Taxation: U.S. taxes worldwide, and a few Golden Visa countries are 0% tax foreign income.

If your goal is long-term stability, access to U.S. business opportunities, and a clear path to citizenship, the EB-5 visa remains one of the most powerful investment immigration routes.

Book your free EB-5 consultation now with a UOM expert at www.uomglobal.com

Yes, EB-5 Visa can indeed be challenging to acquire because it has many demands, high financial levels as well as legal processes involved- but with the right preparation and guidance, it is entirely achievable.

The EB-5 visa offers a path to U.S. permanent residency through investment, but applicants must meet several demanding criteria:

High Investment Threshold

The applicants have to invest either $800,000 in a Targeted Employment Area (TEA) or, in a standard area, $1,050,000. This capital needs to be in risk and it needs to be actively working in aid of a profit making business engagement.

Job Creation Requirement

It has to result in or maintain a minimum of 10 full-time jobs that Qualified U.S. workers can acquire. Investors in the regional centers can take into consideration indirect and induced jobs whereas direct investors should generate direct employment.

Lawful Source of Funds

The investment funds must be documented with clear evidence that they were obtained legally, according to USCIS. It often entails tracking the flow of funds mainly through tax documents, bank accounts, sale contracts, or loan agreements.

Lengthy Processing & Country Backlogs

Processing may be slow and especially in a case where, an applicant is of a country with a visa back log like China or India. The duration of wait-time to the visa number may be years based on the number of yearly caps and priority date.

Strict USCIS Scrutiny

USCIS has broad discretion when evaluating EB-5 applications. Any inconsistencies, weak business plans, or questionable projects can result in denials or requests for evidence (RFEs).

Project Selection Risks

Choosing the wrong investment project can jeopardize the outcome. Not every EB-5 venture is up to USCIS standards and not every project improves the necessary job creation.

Successfully navigating the EB-5 process requires more than just capital — it takes strategy, legal precision, and trusted guidance.

Choosing UOM Global means working with a trusted U.S. immigration advisory firm that understands the complexities of the EB-5 visa process. With proven experience and a team of licensed attorneys and regional experts, we provide end-to-end support tailored to your unique immigration goals.

Whether you're an entrepreneur investing in the U.S. or a family planning for long-term residency, UOM is here to guide you—step by step, with clarity and confidence.

Contact us today at [email protected]

To be eligible for an EB-5 visa, a foreign investor must invest in the qualifying new commercial enterprise in the United States to obtain EB-5 visa and create or retain not lesser than 10 full-time jobs of United States workers and should prove that the fund invested is the legal source. If approved, the investor and his or her spouse plus unmarried children under 21 years of age will get green cards to the U.S.

The proper eligibility criteria of the EB-5 is listed below:

Investment in a New Commercial Enterprise

The investor must make a capital investment in a new commercial enterprise (NCE) — a for-profit business engaged in lawful operations in the United States. These are some of the forms of legal status to which a business may belong, which are a corporation, a partnership, a sole proprietorship, the joint venture, the holding company and the business trust. It is not available to non-profit-making organizations.

The investor should also demonstrate that the source of capital invested is legal, which may include:

• Business profits
• Employment income
• Proceeds from the sale of property
• Gifts or inheritance
• Loans secured by personal assets

The investment must also be “at risk”—meaning the funds must be actively committed to the business and subject to real risk of loss or gain. Guaranteed returns or capital held in escrow without a clear use plan do not qualify.

Job Creation or Preservation

The EB-5 investment should result into creation or maintenance of at least 10 full-time positions to qualified U.S workers within two years of the investor receiving conditional permanent resident status.

• Direct investments must result in direct employment within the enterprise.
• Regional center investments may include indirect or induced jobs, such as employment generated through the project's broader economic impact.

To qualify, jobs must be:

• Full-time (at least 35 hours per week)
• Held by U.S. citizens, lawful permanent residents, or other authorized workers

Minimum Investment Amount

The required investment amount depends on the location of the business:

• $1.050.000 for investments in standard areas
• $800,000 for investments in a Targeted Employment Area (TEA)

A TEA is either:

• A rural area, typically outside a metropolitan statistical area (MSA) and with a population under 20,000, or
• An area with high unemployment, defined as having an unemployment rate at least 150% of the national average

TEA designations are determined by USCIS, based on the most recent economic and demographic data. These minimum investment amounts are subject to inflation-based adjustments every five years.

Additional Requirements

In addition to investment and job creation, EB-5 applicants must fulfill the following:

• Lawful source of funds: An investor shall have to present documents that show the money was gotten legitimately.
• Background checks: The applicants are subjected to security and immigration background checks.
• Filing Form I-526 (or I-526E): Form I-526 is the launching form of the EB-5 procedure and should have included business planning, economic reports, and investment evidence.
• Conditional permanent residency: After approving that an investor has been eligible, family members as well as the investor get a green card that lasts two years.
• Filing Form I-829: Within 90 days before the two-year anniversary of conditional residency, the investor must file this petition to remove conditions. They must show that the investment was sustained and job creation goals were met.

Investing Through a Regional Center

A regional center is a USCIS-approved entity that sponsors EB-5 projects promoting economic growth. Many investors prefer this option because it allows counting indirect jobs and involves less direct business management. However, all EB-5 eligibility requirements—such as investment amount and job creation—still apply.

For more details about EB-5 eligibility or other U.S. investor visa options, feel free to contact the team at UOM Global. Our licensed immigration advisors are available 24/7 via live chat or email at [email protected].

You and your family receive a 2-year conditional green card. Near the end of this period, you must file Form I-829 to remove conditions and receive permanent residency — based on job creation and sustained investment.

You will need to provide detailed documents such as bank statements, tax records, business sale agreements, gift letters, or inheritance documents — depending on your funding source.