The EB-5 visa — an investment-based Green Card for the whole family

Form I-526E is filed at the beginning of the EB-5 process by an investor participating in a regional-center project. It documents the lawful source of funds, the investment’s compliance with program requirements, and eligibility for immigrant status. After approval, the investor may complete consular processing or file for Adjustment of Status in the United States and receive a conditional Green Card. Form I-829 is filed later to remove the conditions from permanent resident status. It must be filed during the 90-day period before the second anniversary of conditional residence. At that stage, the investor documents that the investment was sustained for the required period and that program requirements, including job creation, were met. After approval, the investor and qualifying family members receive permanent Green Cards without conditions. In short, I-526E opens the route to conditional residence, while I-829 removes the conditions and confirms permanent resident status.

Form I-526E by itself does not authorize a person to live, work, or enter the United States. In some cases, a person who is already lawfully present and has an immediately available immigrant visa may be eligible to file separate related applications.

Yes. The queue is generally based on country of birth, known as the country of chargeability, rather than citizenship. The Department of State publishes current availability each month in the Visa Bulletin. As of July 2026, EB-5 remains Current (C) for applicants born in Russia, Ukraine, Kazakhstan, Belarus, Armenia, Georgia, and Israel. That means there is no visa-number backlog for those countries, and a qualifying case may proceed without waiting for immigrant-visa availability. Current EB-5 limits primarily affect countries with exceptionally high demand, especially India and China in certain investment categories. For investors born in Russia, Ukraine, Kazakhstan, Belarus, Armenia, Georgia, and Israel, the absence of a backlog makes the process more predictable. The timeline depends mainly on USCIS petition review and later immigrant-visa processing rather than waiting for a priority date to become current.

Conditional residence begins on the date the person becomes a U.S. permanent resident. This is either the date of admission to the United States with an immigrant visa or the date USCIS approves Adjustment of Status inside the United States. The two-year conditional period starts on that date. Near the end of the two-year period, the investor must file Form I-829 to remove the conditions. The filing window is the 90-day period before the second anniversary of conditional residence. After I-829 approval, the investor and qualifying family members receive permanent Green Cards without conditions.

A return may be possible, but USCIS does not guarantee repayment. EB-5 requires the capital to remain “at risk” for gain or loss, which means the investor cannot receive an advance guarantee that the money will be returned. If a project fails, recovery depends on its financial condition, the transaction structure, and the investment documents. Some investors may recover part or all of their capital, while others may sustain a loss. Project selection should therefore include a review of the regional center’s experience, financial model, loan security, capital-repayment history, and legal structure. Strong projects may describe a repayment mechanism after the EB-5 requirements are met, but no project may guarantee a return of capital before the investor is eligible to remove the Green Card conditions.

The evidence usually traces both the source and movement of the money, such as employment or business income, asset sales, dividends, inheritance, loans, and bank transfers. The exact document set depends on the source.

The principal applicant can generally include a spouse and unmarried children under age 21 as derivative beneficiaries.

The consequences depend on the stage of the case and the USCIS rules in effect. The impact should be evaluated using the official notices and the documents for the specific project.