Investment risks and immigration conditions

Is EB-5 capital at risk, and when is it repaid?

EB-5 capital must be at risk: there must be a possibility of loss as well as a chance of gain. Treat it as an investment, not a guaranteed deposit.

Repayment is governed by the investment documents. A two-year immigration stage does not establish a two-year repayment date.

Review repayment provisions, extension rights, the expected source of funds and the possibility of loss in the actual investment documents. A projection does not establish the amount or timing of a payment.

• What are the risks of an EB-5 investment?

  No EB-5 investment is free of risk: the rules themselves require the capital to be at risk, with a possibility of loss. Three kinds stand out; they are not the only ones. Investment risk: repayment depends on the project and its documents, and neither its amount nor its timing is guaranteed. Immigration risk: the authorities decide each case individually and may refuse it. Program risk: the rules, visa availability and the regional center authorization can change. Review each one with independent advisers before you commit.

Your individual immigration case

The investor, their spouse and unmarried children under 21 may apply through the EB-5 route. A child’s age and the timing of the case need individual review.

EB-5 residence is initially conditional for two years. Form I-829 is filed during the 90 days immediately before that status expires to request removal of the conditions.

An investment does not guarantee immigration approval or citizenship. Your attorney should review the requirements, the evidence and any issues affecting your case. Government authorities make the decision.

• Does an EB-5 investment guarantee a Green Card?

  No. USCIS must approve the investor petition, and visa availability and each applicant’s admissibility and other eligibility requirements must be satisfied. Availability depends on your category, priority date and country of chargeability, usually your country of birth. USCIS decides an adjustment-of-status application. For applicants abroad, a consular officer decides the immigrant-visa application, and CBP decides admission to the United States; the visa itself does not guarantee admission. An investment does not guarantee any of these decisions or a date for moving.

Property rights and legal services

Buying a home for personal use does not itself qualify for EB-5. An investment in a development business and the purchase of a particular apartment create different rights.

An EB-5 investment does not by itself give ownership of an apartment, a credit toward a purchase or the services of an immigration attorney. Any such right exists only if the signed documents grant it.

Retain your own immigration attorney and budget for legal fees separately. The lawyer’s client and scope of work should be stated in an engagement agreement.

Budget and changing requirements

The program’s investment threshold does not include every cost of participation. Project charges, legal fees, government filings, family applications, housing and relocation require a separate breakdown. A family’s overall planning budget is not the legal investment minimum.

USCIS provides for an adjustment to the investment amounts on 1 January 2027. Check the amounts that apply when you proceed.

This site is not an offer

These pages present residences for sale as real estate and give general information about a federal immigration program. They are not an offer to sell or a solicitation of an offer to buy any security or interest, and they are not investment, legal, tax or immigration advice.

An EB-5 offering is made by its issuer, only to eligible investors and only through the issuer’s own offering documents. Those documents govern its terms, its risks and the rights of every participant.

Capital placed in an EB-5 investment must remain at risk. You may lose some or all of your capital. Repayment is not guaranteed, and a loss does not by itself create a right to repayment or an immigration benefit. This does not limit any rights or remedies available under applicable law or your investment agreements. Take independent legal and financial advice before you commit anything.

How the images on this site were made

Except for the generated night view described below, the interior, amenity and exterior views on this site are architectural renderings supplied for the development. A rendering shows design intent. It is not a photograph of a finished space, and finishes, furniture, landscaping and views may differ from what is built.

The night view of the building is a generated night version of the same daytime rendering, produced for this presentation. It is not a photograph and not a separate night rendering by the developer. Floor plans are reproduced from the original sheets with their own annotations retained.