Things to Consider Before Your Future EB-5 Investment

It is important for a future immigrant to gauge whether the American investment migration program is a good fit for you in comparison to other programs. Although the path to permanent residency through investment in a commercial enterprise seems like an easy trade-off, the EB-5 journey requires investors to take on a considerable amount of risk, both within their investment and with a prolonged immigration period.

The EB-5 program has had a troubled history, and former EB-5 investors have been vocal about the program’s core flaws that have inhibited efficient and ethical immigration. While many problems are being addressed by the 2022 Reform and Integrity Act (RIA), it is important for prospective immigrant investors to have a clear understanding of the program’s advantages and disadvantages, as well as ALL guidelines they will have to comply with.

Have You Exhausted Other Visa Options?

Before locking up significant capital for years, ensure that EB-5 is actually the most efficient route for your specific situation. For nationals of certain countries with commerce treaties with the U.S., the E-2 Treaty Investor Visa may offer a faster, less capital-intensive path to living and working in the U.S., albeit without a direct path to a Green Card. Similarly, multinational executives may qualify for L-1/EB-1C, and individuals with extraordinary ability might look toward EB-1A or EB-2 NIW. Immigrants generally only consider EB-5 when other options are inaccessible due to professional/life constraints or when other routes have a “visa backlog”.

Financial Safety Net & Liquidity

The “at-risk” requirement of the EB-5 program is not just a legal term – it is a financial reality. Are you investing money that you can afford to lose, or at least live without for 5 to 7 years?

It’s important not to forget basic financial fundamentals when making an investment of this size. As a ‘by investor, for investor organization’ we would recommend not putting your entire life savings into this. If the EB-5 project you invest in fails to repay you, you must have a backup plan. Liquidity is key. You need a financial safety net to sustain your life in the U.S. (or abroad) independent of this capital.

The EB-5 program compares poorly to traditional investment products like stocks or mutual funds primarily due to its rigid requirement that the full minimum investment must be committed to a single new commercial enterprise to create at least 10 qualifying jobs, preventing investors from spreading risk across multiple assets or projects. This “all eggs in one basket” structure exposes participants to concentrated project-specific risks, such as real estate development delays, failures, or fraud, without the diversification benefits of a balanced portfolio where losses in one holding can be offset by gains elsewhere.

If you are on a non immigrant visa such as the H-1B and are saving up for the EB-5 investment, we recommend reading this post from a financial planner that has a deeper dive on assessing financial risk tolerance for immigrants in the United States that are preparing for an EB-5 investment.

Family Planning and the “Age-Out” Risk

If your primary motivation is securing Green Cards for your children, their current age is the most critical factor. Despite the Child Status Protection Act (CSPA), children close to the age of 21 are at high risk of “aging out” due to visa bulletin backlogs and processing delays. If your child is 19 or 20, the EB-5 process may not be fast enough to freeze their age, potentially leaving them behind while the parents immigrate.

See our detailed breakdown on CSPA and strategies for families in our resource post that explains the child aging out risk.

Cost-Benefit Analysis for Existing Visa Holders

If you are already living in the U.S. on a work visa, the “Concurrent Filing” benefit of the RIA is attractive as it allows you to adjust status and get work authorization quickly. However, you must weigh this freedom against the opportunity cost. Is the ability to change employers or start a business worth an $800,000 capital lockup? Consider how this liquidity crunch will affect your career growth, home ownership plans, or other investments.

Healthcare Costs for Older Immigrants or Aging Parents

Immigrant investors that are planning to move and retire in the United States or investors planning to bring aging parents to the U.S. as dependents or via subsequent family sponsorship – should understand the healthcare system well.The U.S. healthcare system is notoriously expensive. New immigrants generally face a five-year waiting period before they are eligible for federal programs like Medicaid or Medicare. Private health insurance for seniors can cost thousands of dollars per month.

We have a separate resource that covers this topic of the U.S. Health Insurance System and EB-5 immigrants in depth.

Admissibility and Source of Funds (SOF)

Have you ever overstayed a U.S. visa? Do you have any criminal record? Basic inadmissibility issues can derail a petition regardless of the investment amount. The agency that adjudicates your petition will look closely into your background and will flag things such as your affiliation with a political party or employment with a company that has been sanctioned – even if it was in the past. While it’s hard to find specific public information as to what is considered permissible in the eyes of the U.S. government, AIIA  has, as part of our advocacy effort, uncovered government training manuals on this specific topic.

With regards to the investment capital – having the money is only half the battle; proving the valid source of it is the other. You must prove the lawful “path of funds” for every dollar that will be invested. This includes tracing inheritances, property sales, or business dividends back to their origin. Most EB-5 investment issuers require the full investment amount to be liquid and the SOF fully documented by an immigration attorney before you even sign the subscription agreement.

Working With the Right People

The EB-5 industry is filled with conflicts of interest. We recommend working with professionals that prioritize transparency and investor protection. By working with high quality professionals, investors gain from due diligence support, regulatory compliance checks, and unbiased advice throughout the process.

A good EB-5 immigration attorney is essential for navigating the complex EB-5 process. They should have extensive experience with EB-5 cases and a deep understanding of program-specific requirements, including real-time adjudication trends and country-specific documentation needs. A trustworthy attorney prioritizes the investor’s goals without pushing particular projects and offers clear, consistent communication throughout the entire process.

When it comes to EB-5 project selection, working with a licensed EB-5 investment specialist is important. An EB-5 investment specialist helps investors choose the right project by performing detailed, independent due diligence. They review risks, returns, job-creation estimates, offering documents, and SEC compliance; visit project sites; and investigate key parties in the deal to verify credibility. They also analyze financial data to check that projections are reasonable and often provide access to high-quality projects that individual investors might not find on their own.

AIIA maintains a curated list of vetted EB-5 professionals to help investors and other stakeholders find reputable experts. You can find this list on our Danh bạ các chuyên gia page.

Tax Implications: The Price of Residency

It’s important to remember that a Green Card comes with a price tag beyond the investment: Global Taxation. Upon becoming a U.S. permanent resident (or even spending enough days in the U.S. on a visa), you become liable for U.S. taxes on your worldwide income.

This includes capital gains, business income, and potentially complex taxes on foreign mutual funds (PFICs). There are also significant implications for inheritance and gift taxes.

In conclusion, the EB-5 program offers a unique pathway to U.S. permanent residency through investment and job creation, but it requires careful consideration and thorough preparation. Prospective investors must evaluate whether EB-5 aligns with their immigration goals and financial situation compared to other visa options. Understanding the risks—both financial and immigration-related—and planning for family factors, healthcare, admissibility, and the tax implications is essential. Partnering with experienced, trustworthy professionals like immigration attorneys and EB-5 investment specialists is critical to navigating the complex process successfully. Utilizing resources such as AIIA’s curated directory of vetted experts can empower investors to make informed decisions and protect their dreams of achieving lawful permanent residency in the United States.