This content is for educational purposes only and does not constitute legal or investment advice. For your specific situation, consult a licensed immigration attorney and FINRA-registered financial advisor.
The EB-5 process is convoluted and complex for new investors aiming to use the program to secure permanent residency in the United States. The EB-5 program grants a green card to investors who place qualifying capital into a U.S. commercial enterprise that creates at least 10 U.S. jobs. This is Part 2 of the June 2026 series and walks through what happens after pre-investment: choosing an attorney, the real cost of filing, and the seven questions backlogged H-1B and F-1 investors ask most often before they file Form I-526E.
If you have not yet completed the pre-investment phase, start with Part 1: the EB-5 pre-investment guide, which covers accredited investor status, source of funds, and project selection.
Part 3: Attorney Selection
Selecting the right legal representation to file the EB-5 petition is almost as important as selecting the right project. There are many tenured and highly reputable U.S.-based EB-5 attorneys to pick from. Working with experienced counsel is non-negotiable for navigating source-of-funds documentation and ensuring strict USCIS compliance.
An experienced attorney will guide you on the exact documents necessary to file your petition and avoid Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs), how to structure your capital transfers, and how to best present your financial history in a way an adjudicator can easily understand. Attempting to file an EB-5 petition without specialized legal counsel is a recipe for disaster.
StudentEB5 Recommendation: Use Attorney Project Insight
Many top-tier attorneys know the ins and outs of specific EB-5 projects because they review project documents constantly. Be open to their recommendations and use their expertise to finalize a project to invest in.
Part 4: Payment and Cost Breakdown
The total investment amount varies and depends on the attorney you select, the specific forms filed, and how many family members are on the petition. In addition to the I-526E petition, investors will need Form I-485 to adjust status within the United States, Form I-693 (medical exam and vaccination record), Form I-765 (employment authorization document), and Form I-131 (travel permit, also known as advance parole). The general cost breakdown for an EB-5 filing is as follows:
• Project Investment: $800,000 in a TEA project. This is the core investment that goes into the project and is eventually returned to the investor at the end of the loan term.
• Attorney Fees: $20,000 to $25,000. These fees cover preparation of the complex source-of-funds documentation and the filing of the petition.
• USCIS Filing Fees: approximately $6,000. This is the combined cost for filing the I-526E along with concurrent I-485, I-765, and I-131 applications.
• Regional Center Admin Fees: $60,000 to $80,000. Regional centers charge an administrative fee to cover the cost of structuring the investment and managing the project. Most regional centers require this fee upfront, while some defer collection until the end of the five-year loan term.
For a deeper view of every line item, see our EB-5 total cost breakdown.
StudentEB5 Recommendation: Handling Asset Liquidation and Tax Liabilities
If you are funding your EB-5 investment by liquidating personal or business assets, proper preparation for the accompanying financial obligations is vital to securing approvals.
• Tax liability preparation: Be completely prepared to handle and clear any tax liabilities that surface immediately upon liquidating your chosen assets.
• Meticulous capital tracking: Maintain impeccable paperwork to meticulously track all asset movements from the initial moment of sale down to the final capital wire transfer.
The best strategy to maintain clean source-of-funds tracking is to explore taking secured loans against your assets where possible, avoiding outright liquidation complications.
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Frequently Asked Questions
This is a section of common questions seen over the last few years from prospective investors, both online and in person.
Q1: Is EB-5 a legal and safe path to permanent residency?
Yes. EB-5 is a formalized immigration program backed by the U.S. government. The program is as safe as the investor makes it. The investor must conduct ample due diligence and work with trusted, proven industry professionals to mitigate both immigration risk and financial risk.
Q2: Will I get my investment back?
If the investment passes standard due diligence checks, including an experienced and reputable developer, a conservative capital stack, I-956F approval, and a solid business plan, the investor will most likely see the return of the original capital at the end of the loan term.
Q3: How long do I need to wait for my green card?
If you file your EB-5 petition inside the United States, it generally takes 1 to 2 years for I-485 approval, which grants the conditional green card (CGC). After two years on the conditional green card, the investor files Form I-829 to remove conditions and obtain the permanent green card. Adjudication of the I-829 can take 1 to 3 years. Importantly, U.S. law does not distinguish between conditional and permanent green card holders in terms of benefits: the investor receives the same work authorization and the same ability to travel freely.
Q4: Will EB-5 retrogress, and when?
The EB-5 reserved category is currently current for all nationals. This means an investor can file Form I-485 and the EAD concurrently with the EB-5 petition. Concurrent filing gives the investor immediate legal status, independent work authorization, and starts the EB-5 path toward a green card. If the reserved category were not current, the investor would have to wait for their priority date to become current before adjusting status.
Retrogression for the EB-5 reserved categories could occur in the next few months. As USCIS speeds up processing and issues more green cards, available supply shrinks while demand stays high. For context, the EB-5 unreserved category retrogressed all the way back to February 2021 for India and December 2015 for China.
Q5: Will EB-5 expire?
The Reform and Integrity Act of 2022 extended the program through September 30, 2027. The RIA also added a grandfathering provision dated September 30, 2026: investors who apply before that date will be ushered into the EB-5 program under the current rules and processed through final adjudication regardless of what happens to the program's authorization afterward. This grandfathering clause is a critical protection for investors committing capital to EB-5 today.
Q6: How is EB-5 different from the Trump Gold Card?
The EB-5 program is an immigration investment program created in 1990 by Congress; it has generated billions of dollars for the U.S. economy and helped tens of thousands of families obtain permanent residence in the United States. The Trump Gold Card is a $1 million fee (not returned) paid to the U.S. government, and the fee is required for every family member on the application. By contrast, the $800,000 EB-5 investment covers the main applicant, spouse, and any unmarried children under the age of 21 on a single petition.
Q7: Do I have to tell my employer that I'm applying for EB-5?
No. EB-5 is completely independent of the investor's employer. The employer does not need to sponsor the applicant.
Ready to File?
Speak with a StudentEB5 advisor to discuss project opportunities, immigration strategies, and the steps required to move from F-1 or H-1B status to permanent residency. Schedule your consultation today.
The opinions expressed on this website are solely those of the author/presenter. The information provided is for general informational purposes only and should not be considered professional or legal advice. Student EB5 and its contributors do not endorse or take responsibility for any actions taken based on the information presented here. Visitors are strongly advised to consult with qualified immigration attorneys and financial advisors before making any EB-5 investment decisions or taking any actions based on the content on this website.
Disclaimer: The opinions expressed on this website are solely those of the author/presenter. The information provided is for general informational purposes only and should not be considered professional or legal advice. Student EB5 and its contributors do not endorse or take responsibility for any actions taken based on the information presented here. Visitors are strongly advised to consult with qualified immigration attorneys and financial advisors before making any EB-5 investment decisions or taking any actions based on the content on this website.
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