EB-5 Program FAQs
How many Green Cards are set aside each year for foreign investors who invest in the EB-5 Regional Center Program?
3,000 green cards are reserved each year. Because a set number of green cards are available every year, there is no backlog like other green card options.
When the United States Congress created the EB-5 Regional Center Program, what were its goals?
- To encourage foreign investment into the U.S. that would create American jobs and benefit the economy; and,
- Allow eligible foreign investors the opportunity to become lawful permanent residents.
Is obtaining a Green Card through the EB-5 Regional Center Program suitable for me?
The EB-5 Regional Center Program is suitable for people from all walks of life — professionals, executives, entrepreneurs, persons wanting to facilitate their children’s education and attend colleges and universities in the United States, persons seeking a new and better life, and persons wanting to retire in the U.S. The EB-5 green card also permits employment in the U.S. for the foreign investor and their family. The EB-5 Regional Center Program allows you the opportunity and flexibility to do what you want in the U.S. without the requirement of actively managing your business. (See Benefits of Obtaining a Green Card.)
Must I have previous business experience or minimum education to obtain a Green Card?
No.
Must I speak English to obtain a Green Card?
No. But it is strongly recommended that an investor obtain the services of a translator (friend, attorney, family member) to read our fund materials and contact our office for more information.
Do I need a sponsor to obtain a Green Card?
No.
What are the benefits of obtaining a Green Card?
- Live, work or retire anywhere in the United States (not limited to New York City)
- Not required to be continuously and physically present in the United States
- Can enter the U.S. at any time and stay as long as he or she wishes
- Sponsor Green Cards for your relatives
- No authorization required by USCIS to accept employment
- Admission to public universities at the same costs as those of U.S. residents
- Eligible for United States citizenship in only 5 years
- Time spent with a Green Card is credited towards the 5-year lawful permanent residency requirement for U.S. citizenship
Who receives a Green Card if my application is approved?
The foreign investor, spouse, and any unmarried children under the age of 21 at the time of the application receive approval. It is possible for adopted children to be included as well.
Will my children be able to remain in school in the U.S. if I leave the U.S.?
Yes.
What makes the EB-5 Regional Center Program different from the E-2 (Treaty Investor) program or the L-1 (manager transfer) program?
Successful participation in the EB-5 Regional Center Program results in permanent resident status. Once you have permanent residency status, there is no need to renew or reapply.
However, the E-2 Treaty Investor program is for non-immigrant status only. When the qualifying business / investment ends, so does the non-immigrant status granted to the foreign investor. The foreign investor will have to leave the United States unless another visa category is granted.
Likewise, the L-1 is a non-immigrant classification as well. The L-1 alien can apply for classification as a Multinational Executive or Manager. If such a case is approved, which is becoming more difficult due to the high number of fraudulent cases and subsequent tightening of the review process, the alien may apply for permanent resident status.
What is a “Conditional” Green Card?
A conditional green card is a temporary green card valid for two years. It is granted upon the approval by USCIS of the investor’s 1-526 Petition. One year and 9 months after it is issued, a 3-month window opens up during which an investor must file another application with the USCIS (I-829 Petition) to verify that all of the funds have been invested and the necessary 10 jobs created (whether directly or indirectly). When the conditional green card status is lifted, full resident status is granted and a permanent green card is issued. The NYCRC provides the job creation verification to USCIS for each investor’s I-829 application as part of NYCRC’s overall and continuous monitoring and supervision of its investment projects.

