Eligibility, Family & Rights

Yes. The EB-5 petition covers the principal investor and their derivative beneficiaries — spouse and unmarried children under 21 years of age at the time the visa is issued. Each family member receives the same conditional green card as the principal investor.

The Child Status Protection Act (CSPA) provides some protection against a child "aging out" (turning 21) during the processing period. Under CSPA, the child's age may be calculated by subtracting the time the I-526E petition was pending from their actual age.

Parents, siblings, and married children of the investor are not eligible as derivative beneficiaries. They would need to pursue their own immigration pathways, which could include a separate EB-5 petition or a family-based petition once the investor becomes a permanent resident or citizen.

Each EB-5 investment must create at least 10 full-time positions for qualifying employees. "Full-time" means at least 35 hours per week. "Qualifying employees" must be U.S. citizens, lawful permanent residents, or individuals authorized to work in the United States. The investor and their family members do not count toward this requirement.

For regional center projects, the 10-job requirement can be met through a combination of direct, indirect, and induced jobs, as calculated by an accepted economic methodology (RIMS II or IMPLAN models). For direct investments, only direct employees on the enterprise's payroll count.

The job creation must occur within a reasonable period, typically tied to the business plan timeline. USCIS verifies job creation at the I-829 stage.

Your ability to work depends on your current immigration status and where you are in the EB-5 process.

If you have filed I-485 (Adjustment of Status) concurrently with or after your I-526E, you can apply for an Employment Authorization Document (EAD) using Form I-765. The EAD, once approved, permits you to work for any employer in the United States. Current I-765 processing times are approximately 5 to 8 months, though the 540-day automatic extension for renewal applicants provides continuity.

If you have not yet filed I-485 (because your priority date is not current or you are processing at a consulate), your work rights depend on your existing immigration status. H-1B holders can continue working for their sponsoring employer. L-1 holders can work for their sponsoring company. F-1 students may work under OPT if authorized.

The I-526E petition itself does not provide any work authorization.

The primary differences are the investment minimum ($800,000 for TEA vs. $1,050,000 for non-TEA) and, for set-aside categories, visa availability. TEA projects include three sub-types: Rural (located outside metropolitan statistical areas with populations under 20,000), High-Unemployment Area (census tracts at 150 percent of national average unemployment), and Infrastructure (government-owned projects).

Each set-aside type has a dedicated visa allocation that is currently backlog-free: Rural receives 20 percent of all EB-5 visas, HUA receives 10 percent, and Infrastructure receives 2 percent. Non-TEA projects compete in the unreserved pool, which has backlogs for China and India.

For most investors, the lower investment amount and better visa availability of TEA projects make them the default choice. Non-TEA may be appropriate for investors who have identified a specific project outside TEA-designated areas or who wish to invest in a particular business.

No. EB-5 derivative beneficiaries are limited to the investor's spouse and unmarried children under 21. Parents are not eligible as derivatives on an EB-5 petition.

However, once the investor becomes a U.S. citizen (which requires at least five years of permanent residence after the conditional green card is converted to a permanent one), the investor can file a family-based immigration petition (Form I-130) for their parents. Immediate relatives of U.S. citizens (including parents) have no per-country visa quota, meaning there is no backlog in this category.

The total timeline from EB-5 filing to being able to petition for parents is approximately 8 to 12 years: I-526E processing, conditional residence, I-829 processing, permanent green card, five-year wait for citizenship eligibility, and I-130 processing.

The conditional green card is valid for two years from the date of admission or adjustment of status. During this period, the investor has the same rights as any permanent resident — the right to live and work anywhere in the United States, travel internationally, and access Social Security and other benefits.

Within the 90-day window before the two-year anniversary, the investor must file Form I-829 to remove the conditions on residence. The I-829 requires demonstrating that the investment was maintained, the required jobs were created, and the investor resided in the United States during the conditional period.

If the I-829 is approved, the investor receives a permanent (unconditional) green card valid for 10 years and renewable indefinitely. The investment capital can then be returned to the investor, as the immigration obligation has been fulfilled.

The EB-5 program allows foreign nationals to obtain a U.S. green card (permanent residence) by investing in a business that creates American jobs. The investor commits capital to a qualifying project, USCIS verifies the investment meets program requirements, and upon approval, the investor and their immediate family receive conditional green cards.

The program was created by Congress in 1990 and has been modified several times, most recently by the Reform and Integrity Act of 2022 (RIA). The two essential requirements are a qualifying investment (minimum $800,000 in a Targeted Employment Area or $1,050,000 elsewhere) and the creation of at least 10 full-time U.S. jobs.

EB-5 involves three categories of risk. Immigration risk encompasses petition denial (if USCIS determines the investment does not meet requirements), processing delays (which can extend timelines by years), and visa retrogression (which can delay green card issuance for backlogged countries). Financial risk encompasses capital loss (the investment is at risk by design), project failure (the business may underperform or fail), and delayed return (capital is typically locked up for 5-7+ years). Regulatory risk encompasses program changes (Congress could modify the program), investment amount increases (CPI-U adjustments could raise minimums), and regional center compliance issues (a center's designation could be terminated).

These risks cannot be eliminated, only managed through careful project selection, qualified legal counsel, and understanding of the program requirements.