FAQ
EB-5 Investor Visa – Frequently Asked Questions
What is EB-5?
The EB-5 Immigrant Investor Program allows foreign investors to obtain U.S. permanent residency (Green Card) by making a qualifying investment that creates American jobs. Investors must invest $1.05 million (or $800,000 in a Targeted Employment Area - TEA). The investment must lead to the creation of at least 10 full-time jobs for U.S. workers. Investments can be made directly (into a business) or through a USCIS-approved Regional Center, which streamlines the process and allows for indirect job creation. Most EB-5 investors choose Regional Centers due to their simplified management structure, risk mitigation, and ability to pool multiple investors together for larger projects.
EB-5 Limited Partnership Overview
A limited partnership combines corporate limited liability with partnership taxation and consists of a general partner and one or more limited partners. Each limited partnership is formed as a "new commercial enterprise" under the EB-5 program. The limited partnership agreement details the rights and responsibilities of the limited partners and general partner, ownership percentages, profit distributions, and compensation for the general partner. The general partner manages daily operations, while limited partners have minimal decision-making authority and are only liable for the amount of their investment.
Investment Safety & Risk Considerations
The EB-5 program mandates that investments be "at-risk," meaning there is both a possibility of loss and gain. AmericanPath Capital structures EB-5 partnerships to mitigate risk while maintaining this requirement. We engage in loan agreements with financially stable private/public partnerships or private entities that demonstrate the ability to repay loans. Various forms of collateral, such as membership interest pledges, payment guarantees, and intercreditor agreements, further secure these loans.
Is my EB-5 investment guaranteed?
No. EB-5 regulations prohibit any guarantees of repayment or redemption rights. AmericanPath Capital strives to minimize risk while ensuring compliance with the at-risk requirement. Investors should be cautious of any regional center promising guaranteed returns, as this violates USCIS regulations and can lead to petition denial
Investor Management Obligations
EB-5 investors must be "active" in managing the investment, which can be achieved through policy formulation rather than daily operations. The limited partnership agreement grants limited partners rights and duties under the Uniform Limited Partnership Act, allowing them to participate in business decisions without active management. This structure protects investors, ensures compliance with USCIS regulations, and allows them to reside anywhere in the U.S.
What do I receive for my investment?
Each admitted investor becomes a limited partner with rights outlined in the Limited Partnership Agreement. Investors own a percentage of the partnership and receive a share of profits. Additionally, they gain access to a secure investor portal for monitoring partnership activities and individual capital accounts.
What is the likelihood of receiving a return of capital?
While no EB-5 investment is guaranteed, AmericanPath Capital structures partnerships with financially sound entities and collateral-backed loans, increasing the likelihood of capital return. USCIS compliance remains a top priority in structuring investments.
EB-5 Green Card & Immigration Process
Is an EB-5 Green Card guaranteed?
No. The EB-5 program includes both investment and immigration components, and outcomes cannot be guaranteed. Investors should conduct thorough due diligence when selecting an EB-5 project and regional center.
Will AmericanPath Capital assist with my EB-5 petition?
Yes , We will connect you with our lawyer who will help file immigration petitions and we work closely with you by providing necessary investment documentation.
What Are the Eligibility Requirements to File an EB-5 Visa Petition?
To qualify for an EB-5 investment through a Regional Center, you must meet main requirements:
• Investment Capital: Have $800,000 (or $1.05 million) available that meets USCIS source-of-funds requirements.
• Investment Capital: Have $800,000 (or $1.05 million) available that meets USCIS source-of-funds requirements.
Where can I review EB-5 laws and regulations?
The USCIS website provides official information about EB-5 laws and policies.
What is an I-526E Petition?
The I-526E petition is the initial step in the EB-5 process, filed after the investment is funded. USCIS adjudicates the petition to determine compliance with investment and job creation requirement.
When can I move to the United States?
Investors can enter the U.S. after I-526E approval, visa availability, and completion of consular processing or adjustment of status.
Can I apply for EB-5 while in the U.S.?
Yes. Non-immigrant visa holders in the U.S. can apply and, upon I-526E approval, adjust their status without consular processing
Who qualifies for a Green Card under EB-5?
An investor, their spouse, and unmarried children under 21.
What is visa retrogression?
If the annual EB-5 visa limit (10,000) is exceeded, a per-country cap (7%) applies, leading to longer wait times for applicants from oversubscribed countries.
What is an I-829 petition?
An I-829 petition is filed to remove conditions on an investor’s Green Card after sustaining the investment for two years and creating 10 full-time jobs.
Can I become a U.S. citizen through EB-5?
Yes. Green Card holders can apply for citizenship after five years.
Are certain nationalities excluded from EB-5?
Most nationalities are eligible, with exceptions such as North Korea.
Do I need to live in a specific U.S. location?
No. EB-5 investors can live and work anywhere in the U.S
Financial Aspects of EB-5 Investments
What is the total cost of an EB-5 Visa?
Beyond the minimum investment, investors should budget for syndication fees, attorney fees, and USCIS filing fees.
Can I use gifted funds?
Yes, but investors must provide legal documentation proving the source and path of funds.
What does “at-risk” mean for an EB-5 investment?
It signifies the potential for both loss and gain, prohibiting guarantees of capital return or redemption rights.
Do I need to speak English?
No, there is no language requirement.
Regional Center & Project Due Diligence
What is a Regional Center?
A USCIS-designated entity that facilitates economic growth through the EB-5 program.
How Are Jobs Created Through EB-5 Investments?
Job creation is tracked in two ways:
• Direct Jobs: Employees hired directly by the EB-5 business (e.g., receiving W-2s and salaries).
• Indirect Jobs: Jobs created through economic impact models when investing via a Regional Center.
• Direct Jobs: Employees hired directly by the EB-5 business (e.g., receiving W-2s and salaries).
• Indirect Jobs: Jobs created through economic impact models when investing via a Regional Center.