EB-5 Information

The EB-5 process relies heavily on thorough documentation and strict compliance with USCIS regulations, especially regarding the source and path of investment funds. If you’re pursuing a partial investment, it’s critical to clearly outline and disclose the full source and path of the total intended investment amount (a minimum of $800,000 plus any applicable administrative...

Stock sales are a common source of funds for EB-5 investments. But not all stocks are the same. Understanding the differences between self-purchased and employer-issued stock (such as RSUs, stock options, or ESPP) is essential for building a strong and approvable EB-5 case. Self-Purchased Shares: Stocks purchased directly by the investor through a brokerage account...

One of the most important requirements in the EB-5 process is proving that your investment funds come from a lawful source. A common question among potential investors is whether earnings from employment abroad can be used toward an EB-5 investment. The short answer is yes. Foreign salary income is a permissible source of EB-5 funds,...

A new U.S. visa program backed by President Donald Trump is expected to launch in the coming days. Known as the “Gold Card” visa, the program is expected to offer a pathway to permanent residency, and possibly even U.S. citizenship, for foreign investors willing to invest at least $5 million into the U.S. economy.  President...

A core principle of the EB-5 Immigrant Investor Program is that all investment funds must have a lawful origin. The source of an EB-5 investor’s funds must be clearly documented and legally obtained. The program allows for various ways to finance the required $800,000 investment, including using loaned funds from sources such as a bank,...

On March 21, 2025, IIUSA and DHS submitted a second joint status report detailing their ongoing but unsuccessful efforts to resolve their legal dispute over the EB-5 investment sustainment period rules. A joint status report is a document filed in court by both parties in a lawsuit to update the judge on the status of...

On February 25, 2025, President Donald Trump unveiled a proposal to introduce a ‘gold card’ visa program that would require a $5 million investment to the US government. According to President Trump, the gold card would provide green card benefits and more, offer a pathway to US citizenship, and attract affluent individuals to the US...

How a Lawsuit Against USCIS Could Shape the Future of EB-5 Investment Sustainment Requirements On January 28, 2025, oral arguments were held in the lawsuit IIUSA filed against USCIS over how long EB-5 investors must keep their investment sustained in an EB-5 project. The Court expressed concerns about the legality of USCIS’s sustainment period guidance...