Contact Us
Client Login

FAQs
(Frequently Asked Questions)

Green Card Benefits

What is the EB-5 Immigrant Investor Program and when was it created?

Overview
The EB-5 Immigrant Investor Program, established by the United States Congress in 1990, aims to stimulate economic growth through foreign investment. It allows foreign investors, their spouses, and their unmarried children under 21 (at the time of application) to obtain US Green Cards by investing in approved projects that create at least 10 full-time jobs per investor.

Investment Options
Investors can participate in the EB-5 program through two primary pathways:

  • Direct Investment: Investors directly fund a US business, managing the investment themselves.
  • Regional Center: Investors contribute to a pooled fund managed by a USCIS-approved Regional Center, which indirectly supports job-creating projects.

Both options require the same minimum investment amounts, which vary based on the project’s location.

Investment Requirements
The minimum investment amounts have evolved over time:

  • Pre-November 2019: $500,000 for projects in Targeted Employment Areas (TEAs, high-unemployment or rural areas) or $1,000,000 for non-TEA projects.
  • November 2019–June 2021: Increased to $900,000 (TEA) and $1,800,000 (non-TEA).
  • June 2021: A lawsuit temporarily reverted the amounts to $500,000 (TEA) and $1,000,000 (non-TEA).
  • March 2022–Present: Following the reauthorization of the Regional Center Program (which lapsed from June 30, 2021, to March 2022), the amounts were set at $800,000 (TEA) and $1,050,000 (non-TEA).

These amounts apply to both Direct Investment and Regional Center options.

LCR’s Approach to EB-5 Investments
LCR, a firm specializing in EB-5 investments, employs a disciplined and risk-mitigated approach:

  • Investment Strategy: Utilizes various financial instruments, including preferred equity and senior debt, to structure investments.
  • Due Diligence: Conducts thorough assessments to mitigate structural, financial, immigration, and exit risks, overseen by an Investment Committee with 75 years of collective expertise.
  • Investor Protections: Incorporates strict clauses for fund usage, deployment, collateral, and capital return, prepared by external attorneys and consultants.
  • Partnerships: Collaborates with high-credit developers and strategic partners with over 40 years of successful track records.
  • Project Structuring: Offers conservative five-year loan terms with extension options and a job creation buffer exceeding the required 10 jobs per investor.
  • Compliance: Partners with reputable senior lenders, conducts source-of-funds consultations for clients from 34 countries, and appoints third-party escrow agents and fund administrators to ensure adherence to FINRA, SEC, and USCIS standards.

Risk Mitigation and Success Rate
Over 90% of EB-5 investors have historically received Green Cards. LCR enhances investor confidence by:

  • Co-investing with established lenders.
  • Ensuring rigorous compliance to avoid conflicts of interest.
  • Providing a secure investment experience through high standards of governance and risk management.

Watch the Video to Learn More

Overview
The US Citizenship and Immigration Services (USCIS), a federal agency under the Department of Homeland Security, oversees the processing of all immigration and visa-related documents, including applications for the EB-5 Immigrant Investor Program. USCIS administers the EB-5 program, enabling eligible foreign investors to obtain US Green Cards by investing in a new commercial enterprise that creates or preserves at least 10 full-time jobs for US workers.

Key Responsibilities
USCIS manages the following aspects of the EB-5 program:

  • Petition Adjudication: Reviews and processes key EB-5 forms, including:
    • Form I-526E: Filed by investors to demonstrate eligibility for the EB-5 program through their investment and job creation.
    • Form I-829: Filed to remove conditions on permanent residence, confirming that the investment and job creation requirements have been met.
  • Regional Center Oversight: Evaluates and designates Regional Centers, ensuring compliance with EB-5 regulations.
  • Project Approvals: Assesses EB-5 projects to verify they meet program requirements, such as job creation and lawful investment sources.
  • Program Integrity: Monitors applications to prevent fraud and ensure compliance with legal and regulatory standards.

Resources

Detailed information about the EB-5 program, including eligibility criteria, forms (e.g., I-526E and I-829), and application processes, is available on the USCIS website at www.uscis.gov. Specific guidance on the EB-5 Immigrant Investor Process can be found at USCIS: EB-5 Immigrant Investor Process.

A Targeted Employment Area (TEA) is a geographic area or project type designated by the US government that qualifies for a reduced EB-5 investment threshold of $800,000, compared to $1,050,000 for non-TEA projects. TEAs are designed to encourage investment in areas with economic challenges or critical infrastructure needs. Since the EB-5 Reform and Integrity Act of 2022, TEA designations are determined by the Department of Homeland Security (DHS) through the US Citizenship and Immigration Services (USCIS), replacing the previous state-based designation process (pre-November 2019).

Types of TEAs
There are three primary types of TEAs under the EB-5 program, each with specific criteria:

  • Rural TEA
    A rural TEA is defined as an area that is:
    • Located outside a Metropolitan Statistical Area (MSA), as defined by the Office of Management and Budget.
    • Not within a city or town with a population of 20,000 or more, based on the most recent US Census data.
    • Qualification Process: To qualify, an EB-5 project or investor must include US Census data in the Form I-924 (Exemplar filing for Regional Centers) or Form I-526E (investor petition) to demonstrate the project’s rural location. USCIS reviews this data during the adjudication process to confirm TEA eligibility.
    • Benefits: Rural TEAs benefit from a reduced investment threshold of $800,000 and access to a visa set-aside, reserving 20% of EB-5 visas for rural projects under the 2022 reforms.
  • High-Unemployment TEA
    A high-unemployment TEA is an area with an unemployment rate at least 150% of the national average. It can include:
    • A Metropolitan Statistical Area, county, or city with a population of 20,000 or more.
    • The census tract where the EB-5 project is located, plus any directly adjacent census tracts, provided the weighted average unemployment rate meets the 150% threshold.
    • Qualification Process: Investors or projects must submit a valid census tract study with the Form I-526E petition, using reliable data (e.g., American Community Survey data) to demonstrate compliance. USCIS evaluates each submission on a case-by-case basis and does not pre-approve specific methodologies.
    • Benefits: Like rural TEAs, high-unemployment TEAs qualify for the $800,000 investment threshold and a 10% visa set-aside under the 2022 reforms.
  • Infrastructure TEA
    An infrastructure TEA involves projects administered or financed by a US federal, state, or local government entity, focusing on public infrastructure such as transportation, utilities, or public facilities.
    • Qualification Process: These projects are automatically designated as TEAs under the EB-5 Reform and Integrity Act of 2022, provided they involve government financing or are managed by a public agency. No additional unemployment or geographic data is required.
    • Benefits: Infrastructure TEAs qualify for the $800,000 investment threshold and a 2% visa set-aside, prioritizing projects critical to public welfare.

Investment Thresholds

  • TEA Projects: $800,000 minimum investment (rural, high-unemployment, or infrastructure TEAs).
  • Non-TEA Projects: $1,050,000 minimum investment.

Additional Notes

  • The shift to DHS/USCIS oversight for TEA designations (post-2019) ensures standardized evaluations, reducing variability previously seen with state designations.
  • The EB-5 Reform and Integrity Act of 2022 introduced visa set-asides for rural (20%), high-unemployment (10%), and infrastructure (2%) TEAs, incentivizing investment in these areas.
  • For detailed guidance, visit the USCIS website at www.uscis.gov or refer to resources like LCR Capital’s blog on TEA definitions.

The EB-5 Immigrant Investor Program, administered by the US Citizenship and Immigration Services (USCIS) and the Department of State under the Immigration and Nationality Act (INA), allocates 10,000 visas annually for the EB-5 visa classification. This allocation includes visas for principal investors, their spouses, and unmarried children under 21, all of whom count toward the total visa limit.

Visa Allocation Details
The EB-5 visa allocation is structured with specific rules and priorities:

  • Annual Cap: The program provides up to 10,000 EB-5 visas each fiscal year, as set by the INA.
  • Per-Country Cap: A 7% per-country limit restricts each country to a maximum of 700 visas annually (7% of 10,000). This cap applies to the investor and their eligible family members (spouse and unmarried children under 21).
  • Reallocation of Unused Visas: If a country does not utilize its full 700-visa allocation, unused visas are redistributed to countries with higher demand, such as China or India, where backlogs are common. Reallocation is prorated based on demand, ensuring the total issuance does not exceed 10,000 visas annually.

Visa Set-Asides (Post-2022 Reform)
Following the EB-5 Reform and Integrity Act of 2022, a portion of the 10,000 visas is reserved for specific investment categories to prioritize projects in economically challenged or critical areas:

  • Rural Projects: 20% (2,000 visas) are set aside for investments in rural Targeted Employment Areas (TEAs).
  • High-Unemployment TEAs: 10% (1,000 visas) are reserved for investments in high-unemployment TEAs.
  • Infrastructure Projects: 2% (200 visas) are allocated for infrastructure projects administered or financed by US government entities.
  • Roll-Over Mechanism: Unused set-aside visas roll back into the general EB-5 visa pool annually, ensuring no visas are wasted.

Additional Notes

  • The set-asides introduced in 2022 aim to incentivize investments in rural, high-unemployment, or infrastructure projects, aligning with the program’s economic development goals.
  • Visa backlogs may occur for high-demand countries (e.g., China, India) due to the 7% per-country cap, but reallocation of unused visas helps mitigate delays.
  • For further details, refer to the USCIS website at www.uscis.gov or the Department of State’s Visa Bulletin at travel.state.gov.

The EB-5 Regional Center Program, often referred to as the Regional Center Pilot Program, is a component of the EB-5 Immigrant Investor Program established by the US Congress in 1990. Introduced in 1992 to enhance the program’s accessibility, it allows foreign investors to obtain US Green Cards by investing in USCIS-approved Regional Centers that pool funds into projects creating at least 10 full-time jobs for US workers.

Key Features

  • Investment Structure: Unlike direct EB-5 investments, which require active management of a new commercial enterprise, the Regional Center Program enables passive investment through a fund managed by a USCIS-designated Regional Center.
  • Investment Thresholds: The minimum investment is $800,000 for projects in Targeted Employment Areas (TEAs) or $1,050,000 for non-TEA projects (as of March 2022).
  • Program History: Launched in 1992 to address the complexity of direct EB-5 investments, the program lapsed on June 30, 2021, and was reauthorized in March 2022 under the EB-5 Reform and Integrity Act for five years (until September 30, 2027).

Purpose and Impact

Introduced to address the complexity and limited success of the direct EB-5 investment model, the Regional Center Program allows investors to contribute to a fund without an active role in the project or business, making it a more accessible pathway for EB-5 participation.

Requirements of the Program

Why Doesn’t Any EB-5 Offering Guarantee the Return of Capital?

US immigration law prohibits EB-5 offerings from guaranteeing the return of capital, as investments must be “at risk” to qualify for the program, per US Citizenship and Immigration Services (USCIS) regulations. However, “at risk” does not equate to high-risk, and safeguards can be implemented to protect investors.

Key Details

  • “At Risk” Requirement: USCIS mandates that EB-5 investments carry risk, meaning no guaranteed return or redemption rights can be offered directly to investors to ensure the capital is genuinely invested in the US economy.
  • Safety Mechanisms: Regional Centers can incorporate protections at the fund level (not directly to individual investors) to mitigate risk while remaining compliant. Over 85% of EB-5 applicants receive Green Cards, and more than 98% recover their capital, per industry estimates.
  • LCR’s Approach: LCR selects projects prioritizing job creation and capital safety. It collaborates with investors and their immigration attorneys to thoroughly document the lawful source of funds, reducing the risk of application denials.
  • Denial Protection: In the rare case of an application denial not due to the investor’s willful misconduct, LCR commits to refunding the investor’s capital within 30 days, enhancing investor confidence.

Watch the Video to Learn More

The EB-5 Immigrant Investor Program’s “at risk” requirement, mandated by the US Citizenship and Immigration Services (USCIS), ensures investments carry risk without direct guarantees to individual investors. LCR Capital’s fund-level guarantees comply with this rule while enhancing investor protections.

  • Fund-Level Guarantees: LCR Capital negotiates guarantees at the EB-5 fund level, not between developers and individual investors. These fund-level protections, such as denial, project completion, or loan repayment guarantees, apply to the investor cohort collectively, maintaining compliance with USCIS regulations.
  • No Conflict: The “at risk” requirement applies at the individual investor level, while LCR’s guarantees operate at the macro fund level, ensuring no direct promises are made to individual investors, thus adhering to EB-5 rules.

The EB-5 Immigrant Investor Program, administered by the US Citizenship and Immigration Services (USCIS), allows investors to obtain a US Green Card by setting up their own business through a “direct investment” approach, provided specific requirements are met.

Key Details

  • Direct Investment Option: You can qualify for an EB-5 visa by investing $800,000 in a new commercial enterprise located in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA area. You must actively manage the business and create or maintain at least 10 full-time jobs for US workers, sustained for a minimum of two years.
  • Regional Center Alternative: If your primary goal is to obtain a Green Card without actively managing a business, the Regional Center Program offers a more convenient and potentially lower-risk option. By investing in a USCIS-approved Regional Center, you can participate passively, avoiding the operational demands of running your own business.

No, it is not mandatory for an investor to speak English. However, non-English speaking investors are strongly encouraged to engage a translator to ensure they fully understand the investment terms and carefully review all offering materials before deciding.

No, the EB-5 program does not require investors to have prior business experience or a minimum level of education. The primary requirements are that the investor must be accredited and meet specific suitability standards related to income and net worth. Additionally, the investor must provide proper documentation to unconditionally prove that the invested funds were obtained legally.

Benefits of the EB-5 Program

Do all benefits of a Green Card apply under a conditional Green Card?

Yes, all benefits associated with a permanent Green Card also apply to a conditional Green Card. The only difference is that the conditional Green Card is valid for two years and requires the investor to demonstrate that the investment has created the requisite jobs within that timeframe for it to become permanent. Once the conditions are removed, the investor and their family receive permanent Green Cards.

While Green Card holders are generally eligible for in-state tuition, eligibility ultimately depends on each specific US state’s residency requirements for public universities. These requirements typically involve:

  • Duration of residency: Most states require an individual to live in the state for a continuous period (e.g., 6 months to 1 year) prior to enrollment, demonstrating intent to make that state their permanent home.
  • Proof of domicile: This often involves showing proof of intent to reside in the state permanently, such as obtaining a state driver’s license, registering to vote, paying state taxes, and establishing a physical presence.
  • Financial independence: For students under a certain age, their parents’ or legal guardians’ residency status is usually considered. For older students, demonstrating financial independence from out-of-state parents may be required.

In many cases, if a student moves to the US and resides in a specific state for their final year of high school or longer, they would likely meet the residency criteria to qualify for in-state tuition at public universities within that state. However, it is crucial to research the specific requirements of the state and institution they plan to attend.

Past rejection does not disqualify the applicant unless the reasons for rejection are related to immigration fraud or other major problems. It is most important that all criminal, medical, or US immigration history problems be disclosed to LCR Capital Partners and your legal counsel in advance of application.

The L-1 Visa is an intracompany transfer for an employee or executive who is proven to be needed onshore (in the US) to execute certain critical tasks of the company. The L-1 is initially issued for one year. The L-1 is a dual intent visa, meaning Adjustment of Status (AOS) is readily available, similar to an H-1B visa.

The L-1 Visa can also be issued with other L-4 visas if required. The L-4 is for dependents (spouse and children under 21) who are not in the US but want to move along with the L-1 holder to the U.S.

Nationals who are out-of-status are not permitted to apply for permanent residency from within the United States. They must first return to their country of origin and apply through the US Embassy there.

Examples of “out-of-status” individuals include students, tourists, and E-2 treaty investors who no longer have valid visas because they remained in the United States after their visas expired or were revoked.

Overview of EB-5 Processes and Timelines

What are the forms involved in Adjustment of Status?
  • Form I-693 – Medical Examination Report: This report is required for all applicants filing certain forms (such as Form I-485) to verify they meet health-related standards for US immigration. It must be completed by a USCIS-approved civil surgeon.
  • Form I-485 – Application to Register Permanent Residence or Adjust Status: This is the primary form used by eligible individuals to apply for a Green Card (permanent resident status) from within the United States. If approved, applicants receive permanent resident status without needing to attend a consular interview abroad.
  • Form I-765 – Application for Employment Authorization (Work Permit): This form is used to apply for an Employment Authorization Document (EAD), which grants work authorization in the US while an underlying Green Card application (like Form I-485) is pending. It is typically processed within 3-4 months and is generally valid for a period of 2 to 5 years.
  • Form I-131 – Application for Travel Document (Advance Parole): This form allows approved applicants to travel outside the US and return without abandoning their pending Green Card application. Processing typically takes about 8 months, and the permit is usually valid for 1 to 5 years.

Yes, there are two primary approaches that could allow for a delay, though neither is ideal and both come with considerations:

  1. Invest, apply, and then push back the consular visit for up to 2 years: You can make your EB-5 investment and file your I-526E petition. Once the I-526E is approved and you are scheduled for a consular interview (if living outside the US), it may be possible to request a delay in the interview for up to two years. This would allow you to defer the receipt of the conditional Green Card and the associated move to the US
  2. Invest and then push back the application for up to 2 years: You can make your EB-5 investment but delay the actual filing of your I-526E petition for up to two years. This means your capital would be deployed in the project, but your immigration process wouldn’t officially begin with USCIS until later.

Unfortunately, we cannot provide an exact timeline for permanent Green Card approval due to the inherent variability in US government immigration processing. To be safe, an EB-5 investor should generally anticipate their conditional Green Card becoming permanent around Year 4 or later from the initial conditional approval.

The flow of EB-5 funds generally follows these stages:

  1. Initial Investment & Escrow: The investor wires the full investment amount and any associated administrative fees to a designated escrow account in the US LCR Capital Partners recommends filing the I-526E petition only after all these funds have been successfully deposited into escrow.
  2. Funds Release from Escrow to Project: The investor’s capital remains held in escrow until specific conditions are met. Typically, funds are released from escrow to the New Commercial Enterprise (NCE) upon USCIS acknowledging receipt of the I-526E petition (evidenced by an I-797C notice). Some projects may specify a later “trigger point” for release, as defined in their Private Placement Memorandum (PPM). Once released, the funds are then loaned out directly to the job-creating enterprise (JCE), which is the entity undertaking the development or business activity.
  3. Project Operation & Interest Payments: As the project proceeds, interest payments on the loan are typically made back to the NCE. These payments may provide a modest return to investors over the course of the investment term.
  4. Return of Capital: At the end of the investment term (typically 5-7 years, as defined in the project documents), the capital is returned to the investor. The investor has the option to repatriate the funds to a non-US account or keep them within the US by transferring them to a valid US account held in their name.

An EB-5 investor must apply to USCIS by submitting Form I-526E (or I-526 for direct investments) along with a comprehensive package of supporting evidence. This typically includes:

  1. Personal Documents: Passports, birth and marriage certificates, police clearances, and US immigration history (if applicable) for the principal applicant and all dependents.
  2. Investment Documents: Proof of the capital investment into a New Commercial Enterprise (NCE), including evidence of funds transfer, investment agreements, and project-specific documents (e.g., Regional Center approval for the project).
  3. Source and Path of Funds Documentation: Detailed evidence proving that all invested capital was lawfully obtained and traced from its origin (e.g., salaries, business profits, property sales, gifts, loans, inheritance) to the EB-5 project. This is a critical and heavily scrutinized component.
  4. New Commercial Enterprise (NCE) and Job Creation Documents: A robust business plan detailing how the NCE will create at least 10 full-time jobs for US workers within two years. For Regional Center projects, this typically involves an economic analysis demonstrating job creation.

All foreign language documents must be accompanied by certified English translations. Engaging an experienced immigration attorney is highly recommended to ensure proper preparation and submission of all required documentation.

Costs Associated with the Program

In addition to the $800,000 investment, what associated costs should the investor expect throughout the process?

In addition to the investment itself, an investor will be subject to three other types of fees:

  • USCIS filing fees
  • Immigration attorney fees
  • Administration fee: these fees are paid to the Regional Center to support their costs for due diligence of the project

Please refer to the table below for more information on the fees charged at each stage of the process:

 I-526 FilingAdjustment of StatusI-829 FilingTotals
USCIS filing fees$12,160$2,210$9,525$23,895
Immigration attorney fees (average)$22,500$2,500$5,000$30,000
Administration fee (average)$70,000  $70,000

There are no other fees directly associated with filing an EB-5 application itself. However, an investor may have out-of-pocket expenses associated with certification of legal documents in their home country, travel expenses to attend consular appointments or to meet the minimum travel and stay requirements, or if the client chooses to hire any 3rd party advisors for tax or estate planning.

Yes, there should be no issues with traveling to the US on other valid visas

If the primary applicant of an I-526 petition passes away, the surviving spouse may request to assume the role of the principal applicant, provided they meet EB-5 eligibility requirements (e.g., investment amount and lawful source of funds). If approved by USCIS, the application can proceed with the spouse as the principal applicant, preserving the dependents’ eligibility. A dependent child cannot take over as the principal applicant, as they do not independently qualify under EB-5 rules. If the spouse does not seek to become the principal applicant, USCIS may deny the petition due to the lack of a qualifying principal. Alternatively, the family may choose to withdraw the application if they no longer wish to pursue it.

Yes, family members included in an approved I-526 petition can have their consular interviews in different countries, depending on their circumstances. Typically, interviews are scheduled at a US consulate or embassy in the family member’s country of nationality or residence. However, if a family member, such as a child attending school in the US, is already in the US on a valid visa, they may pursue adjustment of status through USCIS at a local field office instead of attending a consular interview abroad. Each family member’s case is processed based on their individual circumstances and location, as coordinated with USCIS or the Department of State.

 

Process Specifics: I-526 Petition Related

What is the I-526 petition?

The I-526 petition, officially known as the Immigrant Petition by Alien Investor, is the first step in the EB-5 Immigrant Investor Program. Investors, typically with their attorneys, file this petition with the US Citizenship and Immigration Services (USCIS) to demonstrate eligibility. The petition includes documentation verifying the lawful source of funds (SOF) and details of the EB-5 project, such as the I-956F approval for the project or regional center.

Upon filing the I-526 petition, USCIS typically issues a Form I-797C, Notice of Action, within 10-14 days, acknowledging receipt and providing a receipt number for tracking. This confirms that USCIS has received the application and will begin processing.

If the submitted documentation is incomplete or insufficient, USCIS may issue a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID), which can delay processing until the requested information is provided.

While not legally required, it is strongly advised that investors engage an experienced immigration attorney to assist with filing the I-526 petition. The petition requires extensive documentation, including proof of lawful source of funds and detailed project information, which can be complex to compile correctly. A qualified attorney can ensure accuracy, navigate USCIS requirements, and provide guidance through subsequent EB-5 stages, such as consular processing or adjustment of status interviews.

The U.S. Citizenship and Immigration Services (USCIS) evaluates I-526 petitions based on the following five criteria:

  1. Investment Amount Meets EB-5 Requirements
    The I-526 petition must show that the investor has committed the minimum required capital to a New Commercial Enterprise (NCE). As of June 2025, the minimum investment is $1,050,000 for projects not in a Targeted Employment Area (TEA) or $800,000 for projects in a TEA, which includes rural areas or high-unemployment zones. The capital must be “at risk” and fully committed to the NCE, per USCIS guidelines.
  2. Investment Capital Was Lawfully Obtained
    The investor must prove that the invested capital was acquired through lawful means, such as income from a legitimate business, salary, investments, property sales, inheritances, gifts, or secured loans. The I-526 petition must trace the funds from their source (e.g., salary, property sale, or loan against marketable securities) to the NCE. Gifted funds must also be traced to their lawful origin.
  3. Capital Was Invested in a New Commercial Enterprise
    The petition must confirm that the lawfully obtained capital was invested in an NCE, defined as a for-profit entity engaged in lawful, ongoing commercial activities. The NCE must have been established after November 29, 1990, and can take various forms, such as a sole proprietorship, partnership, corporation, or limited liability company, whether public or private.
  4. New Commercial Enterprise Creates Required Number of Jobs
    The NCE must create at least 10 full-time jobs (minimum 35 hours per week) per EB-5 investor. For direct investments, these jobs must be permanent, filled by W-2 employees (excluding the investor, their family, or nonimmigrant aliens), and supported by evidence of current or planned hiring, including a detailed hiring plan for future job creation. For regional center investments, the 10 jobs may include direct, indirect, or induced jobs, substantiated by an economic impact report included in the I-526 petition.
  5. Investor Is Actively Involved in the New Commercial Enterprise
    The investor must demonstrate active engagement in the NCE’s management. For direct investments, this can include day-to-day management, serving on the board, or holding voting rights. For regional center investments, typically structured as limited partnerships or limited liability companies, the investor’s role as a limited partner under the Uniform Limited Partnership Act satisfies USCIS’s management involvement requirement.

Yes, a spouse married to the primary investor after the I-526 petition is filed may be eligible to join through the Follow-to-Join (FTJ) process. The spouse must submit a request to USCIS to be included in the primary applicant’s EB-5 case, typically at the adjustment of status or consular processing stage. Documentation, such as a marriage certificate and evidence of a bona fide marriage (e.g., joint financial records or photos), must be provided to verify the legitimacy of the marriage.

As long as the dependent was unmarried at the time of the I-526 filing, he or she would be processed by USCIS as normal, even if he or she gets married prior to approval.  It is important to note, however, that the new spouse would not be eligible to join the petition unless the unmarried person is the principal applicant themself and got married later.

Get in Touch

Schedule your call
with us today

Contact Us

Contact Our Advisors to Start Your Process

Contact Us
Client Login

Menu

En