EB-5 Green Card: Filing Inside vs Outside the U.S.
At Goldwater, we simplify the EB-5 journey for Indian engineers, founders, and family offices—whether you're already in the U.S. or planning a move from India.
Filing from Inside the U.S. (Concurrent Filing)
If you're already in the U.S. on H-1B, L-1, or F-1, you can file your EB-5 petition concurrently with your Green Card application. This allows:
Stay in the U.S. during the process
Receive Work Authorization (EAD) in 90–180 days
Get Advance Parole for international travel
Skip the visa interview—Green Card is delivered directly
Filing from Outside the U.S. (Consular Processing)
If you're filing from India, the process is more traditional:
File I-526E → wait for USCIS approval
Attend a visa interview at the U.S. Embassy
Enter the U.S. and receive your 2-year Green Card on arrival
Key Differences at a Glance
Feature
Stay in the U.S. During Process
Work Authorization (EAD)
Travel Authorization (Advance Parole)
Visa Interview Required
Green Card Delivery
Total Time to Green Card
Feature
Stay in the U.S. During Process
Work Authorization (EAD)
Travel Authorization (Advance Parole)
Visa Interview Required
Green Card Delivery
Total Time to Green Card
Inside the U.S.
Yes
3–6 months
3–6 months
No
By mail
2.5–3 years
Outside the U.S.
No – must wait abroad
Not available
Not applicable
Yes
On U.S. entry
4-5 years
Why Indian Founders, Families & Professionals Choose Goldwater
Backed by Diligence. Delivered with Certainty.
Private Equity
Style Diligence on every EB-5 project
Full Compliance
with RBI, FEMA, SEBI, and USCIS
🇮🇳 Built for Indian Clients
from fund structuring to source-of-funds audit
Green Card
With You Until the Green Card is in Hand
EB-5 Timelines & Processing Pathways
Understand What to Expect and Why Timing Matters
At Goldwater, we break down complex immigration timelines into predictable, strategic steps so you know what’s ahead at every stage of your EB-5 journey. Depending on where your EB-5 project is located and whether you're already in the U.S., the path to a Green Card can vary. Below is a clear breakdown.
Adjustment of Status Processing for EB-5 Investors Rural TEA
01
Day 1
File Petition & I-485
Law firm files Investor’s:
- I-526E Petition
- I-485 Adjustment of Status
- EAD Open Work Permit I-765
- Advance Parole Travel Permit I-131
03
Day 30 to 60
Appointment Notices
USCIS sends appointment notices for Biometrics (fingerprints & photo).
- Delivered by mail
- Notices arrive 3–4 weeks before the appointment
05
Day 90 to 180
Work Permit Delivered
Investor and family receive Work Permit and Travel Document.
- Delivered by mail
- Lasts for 5 years, renewable
07
Day 365 to 1.5 Years
Green Card Delivered
Investor and family receive 2-year Conditional Green Card.
- Delivered by mail
- Lasts for 2 years
- No interview required
02
Day 14 to 21
Receipt Notices
USCIS sends receipt notices for each application form.
- Delivered by mail
- Notice states Receipt Number
04
Day 60 to 90
Appear for Biometrics
Investor and family appear for Biometrics (fingerprints & photo).
- At Application Support Center
- Bring appointment notice and Passport
06
Day 180 to 365
I-526E Approval
USCIS approves Investor’s I-526E green card petition.
- Letter is delivered by mail
- Next step is to receive the 2-year Conditional Green Card
08
90 Days Before Green Card Expires
File I-829
Investor and family receive Work Permit and Travel Document.
- Delivered by mail
- Lasts for 5 years, renewable
Adjustment of Status Processing for EB-5 Investors High Unemployment Area TEA
01
Day 1
File Petition & I-485
Law firm files Investor’s:
- I-526E Petition
- I-485 Adjustment of Status
- EAD Open Work Permit I-765
- Advance Parole Travel Permit I-131
03
Day 30 to 60
Appointment Notices
USCIS sends appointment notices for Biometrics (fingerprints & photo).
- Delivered by mail
- Notices arrive 3–4 weeks before the appointment
05
Day 90 to 180
Work Permit Delivered
Investor and family receive Work Permit and Travel Document.
- Delivered by mail
- Lasts for 5 years, renewable
07
6 Months After Approval
Green Card Delivered
Investor and family receive 2-year Conditional Green Card.
- Delivered by mail
- Lasts for 2 years
- No interview required
02
Day 14 to 21
Receipt Notices
USCIS sends receipt notices for each application form.
- Delivered by mail
- Notice states Receipt Number
04
Day 60 to 90
Appear for Biometrics
Investor and family appear for Biometrics (fingerprints & photo).
- At Application Support Center
- Bring appointment notice and Passport
06
1.5 to 2 Years
I-526E Approval
USCIS approves Investor’s I-526E green card petition.
- Letter is delivered by mail
- Next step is to receive the 2-year Conditional Green Card
08
90 Days Before Green Card Expires
File I-829
Investor and family receive Work Permit and Travel Document.
- Delivered by mail
- Lasts for 5 years, renewable
Access the Latest Visa Bulletin
Stay updated on the visa queue with USCIS & State Department bulletins:
View the Latest USCIS Visa Bulletin (Adjustment of Status Use)
If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the..
US EB-5 InvestorFrequently Asked Questions
Clarity for Indian Founders, Families, and Professionals Exploring U.S. Residency via Capital
1. Investment Structure & Capital Requirements
What is the minimum EB-5 investment amount?
- $800,000 USD for projects in Targeted Employment Areas (TEA) rural or high-unemployment zones - $1,050,000 USD for all other projects
What qualifies as a TEA or Rural project?
- Rural: Outside metropolitan areas, population <20,000 - High Unemployment: Areas with ≥1.5x national unemployment rate - These projects benefit from lower investment thresholds, priority processing, and visa set-asides
What’s the difference between Direct and Regional Center EB-5?
- Direct: You actively manage the business and create 10+ direct jobs - Regional Center: Passive investment; job creation can be indirect or induced Goldwater works exclusively with vetted Regional Center projects for risk-managed, passive residency pathways.
What does “at-risk” investment mean?
USCIS requires EB-5 capital to be subject to potential gain or loss. While capital cannot be guaranteed, Goldwater ensures projects are structured with controlled risk, clear exit strategies, and immigration alignment.
Is ROI guaranteed?
No. EB-5 is a residency-first pathway. Typical returns range from 0.25%–2% annually in debt models. Higher ROI often means higher immigration risk.
When do I get my capital back?
Most EB-5 projects target a capital return timeline of 5–7 years, subject to exit terms and I-829 approval.
What is the minimum EB-5 investment amount?
- $800,000 USD for projects in Targeted Employment Areas (TEA) rural or high-unemployment zones - $1,050,000 USD for all other projects
What qualifies as a TEA or Rural project?
- Rural: Outside metropolitan areas, population <20,000 - High Unemployment: Areas with ≥1.5x national unemployment rate - These projects benefit from lower investment thresholds, priority processing, and visa set-asides
What’s the difference between Direct and Regional Center EB-5?
- Direct: You actively manage the business and create 10+ direct jobs - Regional Center: Passive investment; job creation can be indirect or induced Goldwater works exclusively with vetted Regional Center projects for risk-managed, passive residency pathways.
What does “at-risk” investment mean?
USCIS requires EB-5 capital to be subject to potential gain or loss. While capital cannot be guaranteed, Goldwater ensures projects are structured with controlled risk, clear exit strategies, and immigration alignment.
Is ROI guaranteed?
No. EB-5 is a residency-first pathway. Typical returns range from 0.25%–2% annually in debt models. Higher ROI often means higher immigration risk.
When do I get my capital back?
Most EB-5 projects target a capital return timeline of 5–7 years, subject to exit terms and I-829 approval.
What is the minimum EB-5 investment amount?
- $800,000 USD for projects in Targeted Employment Areas (TEA) rural or high-unemployment zones - $1,050,000 USD for all other projects
What qualifies as a TEA or Rural project?
- Rural: Outside metropolitan areas, population <20,000 - High Unemployment: Areas with ≥1.5x national unemployment rate - These projects benefit from lower investment thresholds, priority processing, and visa set-asides
What’s the difference between Direct and Regional Center EB-5?
- Direct: You actively manage the business and create 10+ direct jobs - Regional Center: Passive investment; job creation can be indirect or induced Goldwater works exclusively with vetted Regional Center projects for risk-managed, passive residency pathways.
What does “at-risk” investment mean?
USCIS requires EB-5 capital to be subject to potential gain or loss. While capital cannot be guaranteed, Goldwater ensures projects are structured with controlled risk, clear exit strategies, and immigration alignment.
Is ROI guaranteed?
No. EB-5 is a residency-first pathway. Typical returns range from 0.25%–2% annually in debt models. Higher ROI often means higher immigration risk.
When do I get my capital back?
Most EB-5 projects target a capital return timeline of 5–7 years, subject to exit terms and I-829 approval.
What is the minimum EB-5 investment amount?
- $800,000 USD for projects in Targeted Employment Areas (TEA) rural or high-unemployment zones - $1,050,000 USD for all other projects
What qualifies as a TEA or Rural project?
- Rural: Outside metropolitan areas, population <20,000 - High Unemployment: Areas with ≥1.5x national unemployment rate - These projects benefit from lower investment thresholds, priority processing, and visa set-asides
What’s the difference between Direct and Regional Center EB-5?
- Direct: You actively manage the business and create 10+ direct jobs - Regional Center: Passive investment; job creation can be indirect or induced Goldwater works exclusively with vetted Regional Center projects for risk-managed, passive residency pathways.
What does “at-risk” investment mean?
USCIS requires EB-5 capital to be subject to potential gain or loss. While capital cannot be guaranteed, Goldwater ensures projects are structured with controlled risk, clear exit strategies, and immigration alignment.
Is ROI guaranteed?
No. EB-5 is a residency-first pathway. Typical returns range from 0.25%–2% annually in debt models. Higher ROI often means higher immigration risk.
When do I get my capital back?
Most EB-5 projects target a capital return timeline of 5–7 years, subject to exit terms and I-829 approval.
2. Source of Funds (SOF) – Compliance & Structuring
What sources of capital are accepted by USCIS?
- Salary income - Business profits - Sale of real estate or shares - Gifts and inheritances - Personal loans - Retirement savings (e.g. 401k) - Cryptocurrency, with proper documentation
What qualifies as a TEA or Rural project?
- Rural: Outside metropolitan areas, population <20,000 - High Unemployment: Areas with ≥1.5x national unemployment rate - These projects benefit from lower investment thresholds, priority processing, and visa set-asides
Are gifts and loans allowed?
Yes. - Gifts must include donor’s SOF proof - Loans must not be secured by the EB-5 project and must show repayment ability
Can I use cryptocurrency?
Yes, with clear proof of wallet ownership, conversion to fiat, and tax compliance. USCIS will scrutinize crypto-based SOF closely.
What’s the most common reason for petition denial?
Poor documentation of lawful source of funds. Keep it simple, traceable, and fully documented.
What sources of capital are accepted by USCIS?
- Salary income - Business profits - Sale of real estate or shares - Gifts and inheritances - Personal loans - Retirement savings (e.g. 401k) - Cryptocurrency, with proper documentation
What qualifies as a TEA or Rural project?
- Rural: Outside metropolitan areas, population <20,000 - High Unemployment: Areas with ≥1.5x national unemployment rate - These projects benefit from lower investment thresholds, priority processing, and visa set-asides
Are gifts and loans allowed?
Yes. - Gifts must include donor’s SOF proof - Loans must not be secured by the EB-5 project and must show repayment ability
Can I use cryptocurrency?
Yes, with clear proof of wallet ownership, conversion to fiat, and tax compliance. USCIS will scrutinize crypto-based SOF closely.
What’s the most common reason for petition denial?
Poor documentation of lawful source of funds. Keep it simple, traceable, and fully documented.
What sources of capital are accepted by USCIS?
- Salary income - Business profits - Sale of real estate or shares - Gifts and inheritances - Personal loans - Retirement savings (e.g. 401k) - Cryptocurrency, with proper documentation
What qualifies as a TEA or Rural project?
- Rural: Outside metropolitan areas, population <20,000 - High Unemployment: Areas with ≥1.5x national unemployment rate - These projects benefit from lower investment thresholds, priority processing, and visa set-asides
Are gifts and loans allowed?
Yes. - Gifts must include donor’s SOF proof - Loans must not be secured by the EB-5 project and must show repayment ability
Can I use cryptocurrency?
Yes, with clear proof of wallet ownership, conversion to fiat, and tax compliance. USCIS will scrutinize crypto-based SOF closely.
What’s the most common reason for petition denial?
Poor documentation of lawful source of funds. Keep it simple, traceable, and fully documented.
What sources of capital are accepted by USCIS?
- Salary income - Business profits - Sale of real estate or shares - Gifts and inheritances - Personal loans - Retirement savings (e.g. 401k) - Cryptocurrency, with proper documentation
What qualifies as a TEA or Rural project?
- Rural: Outside metropolitan areas, population <20,000 - High Unemployment: Areas with ≥1.5x national unemployment rate - These projects benefit from lower investment thresholds, priority processing, and visa set-asides
Are gifts and loans allowed?
Yes. - Gifts must include donor’s SOF proof - Loans must not be secured by the EB-5 project and must show repayment ability
Can I use cryptocurrency?
Yes, with clear proof of wallet ownership, conversion to fiat, and tax compliance. USCIS will scrutinize crypto-based SOF closely.
What’s the most common reason for petition denial?
Poor documentation of lawful source of funds. Keep it simple, traceable, and fully documented.
3. Family Coverage & Derivative Benefits
Who in my family is covered by a single EB-5 investment?
- Your spouse - Your unmarried children under 21 (including adopted children)
How is my child’s age calculated?
Under the Child Status Protection Act (CSPA): Age at visa availability – I-526E processing time = Effective age This helps prevent “aging out” due to USCIS delays
Can I include my parents or siblings?
No. EB-5 coverage is limited to the investor’s spouse and children under 21.
Can my child apply as the principal investor?
Yes, if 18+ and legally gifted the funds. This is often used for U.S.-bound college students.
Who in my family is covered by a single EB-5 investment?
- Your spouse - Your unmarried children under 21 (including adopted children)
How is my child’s age calculated?
Under the Child Status Protection Act (CSPA): Age at visa availability – I-526E processing time = Effective age This helps prevent “aging out” due to USCIS delays
Can I include my parents or siblings?
No. EB-5 coverage is limited to the investor’s spouse and children under 21.
Can my child apply as the principal investor?
Yes, if 18+ and legally gifted the funds. This is often used for U.S.-bound college students.
Who in my family is covered by a single EB-5 investment?
- Your spouse - Your unmarried children under 21 (including adopted children)
How is my child’s age calculated?
Under the Child Status Protection Act (CSPA): Age at visa availability – I-526E processing time = Effective age This helps prevent “aging out” due to USCIS delays
Can I include my parents or siblings?
No. EB-5 coverage is limited to the investor’s spouse and children under 21.
Can my child apply as the principal investor?
Yes, if 18+ and legally gifted the funds. This is often used for U.S.-bound college students.
Who in my family is covered by a single EB-5 investment?
- Your spouse - Your unmarried children under 21 (including adopted children)
How is my child’s age calculated?
Under the Child Status Protection Act (CSPA): Age at visa availability – I-526E processing time = Effective age This helps prevent “aging out” due to USCIS delays
Can I include my parents or siblings?
No. EB-5 coverage is limited to the investor’s spouse and children under 21.
Can my child apply as the principal investor?
Yes, if 18+ and legally gifted the funds. This is often used for U.S.-bound college students.
4. Legal Process & Immigration Considerations
What is a Regional Center?
A USCIS-authorized entity that pools investor funds into job-creating projects and allows indirect job creation. Goldwater works exclusively with high-integrity Regional Centers.
What is the EB-5 priority date?
The official I-526E receipt date. It determines your place in the visa queue — important during periods of backlog.
What are Chart A and Chart B in the Visa Bulletin?
- Chart A (Final Action): When USCIS can issue Green Cards - Chart B (Dates for Filing): When USCIS can accept supporting documents We monitor both to guide optimal filing strategy.
Do I need to attend a visa interview?
- If applying from outside the U.S.: Yes, at the local U.S. consulate - If applying from within the U.S. (concurrent filing): Typically no interview required
What is a Regional Center?
A USCIS-authorized entity that pools investor funds into job-creating projects and allows indirect job creation. Goldwater works exclusively with high-integrity Regional Centers.
What is the EB-5 priority date?
The official I-526E receipt date. It determines your place in the visa queue — important during periods of backlog.
What are Chart A and Chart B in the Visa Bulletin?
- Chart A (Final Action): When USCIS can issue Green Cards - Chart B (Dates for Filing): When USCIS can accept supporting documents We monitor both to guide optimal filing strategy.
Do I need to attend a visa interview?
- If applying from outside the U.S.: Yes, at the local U.S. consulate - If applying from within the U.S. (concurrent filing): Typically no interview required
What is a Regional Center?
A USCIS-authorized entity that pools investor funds into job-creating projects and allows indirect job creation. Goldwater works exclusively with high-integrity Regional Centers.
What is the EB-5 priority date?
The official I-526E receipt date. It determines your place in the visa queue — important during periods of backlog.
What are Chart A and Chart B in the Visa Bulletin?
- Chart A (Final Action): When USCIS can issue Green Cards - Chart B (Dates for Filing): When USCIS can accept supporting documents We monitor both to guide optimal filing strategy.
Do I need to attend a visa interview?
- If applying from outside the U.S.: Yes, at the local U.S. consulate - If applying from within the U.S. (concurrent filing): Typically no interview required
What is a Regional Center?
A USCIS-authorized entity that pools investor funds into job-creating projects and allows indirect job creation. Goldwater works exclusively with high-integrity Regional Centers.
What is the EB-5 priority date?
The official I-526E receipt date. It determines your place in the visa queue — important during periods of backlog.
What are Chart A and Chart B in the Visa Bulletin?
- Chart A (Final Action): When USCIS can issue Green Cards - Chart B (Dates for Filing): When USCIS can accept supporting documents We monitor both to guide optimal filing strategy.
Do I need to attend a visa interview?
- If applying from outside the U.S.: Yes, at the local U.S. consulate - If applying from within the U.S. (concurrent filing): Typically no interview required
5. Post-Green Card Rights, Responsibilities & Exit
Can I live and work anywhere in the U.S.?
Yes. A Green Card offers complete freedom to live, work, and study anywhere in the country.
Will my child qualify for in-state university tuition?
Yes. Green Card holders are eligible for in-state tuition and public aid after 1 year of U.S. residency.
Can I travel outside the U.S. after obtaining my Green Card?
Yes — but absences over 6 months may require explanation. For long-term travel (>12 months), a Re-entry Permit is recommended.
Can I apply for U.S. citizenship later?
Yes. After 5 years of permanent residency (including conditional status), you can apply for naturalization.
Will I get my money back if my petition is denied?
It depends on the project’s subscription agreement. Some offer refunds upon denial, others may require appeal exhaustion. Goldwater negotiates these terms upfront to protect your interests.
Can I live and work anywhere in the U.S.?
Yes. A Green Card offers complete freedom to live, work, and study anywhere in the country.
Will my child qualify for in-state university tuition?
Yes. Green Card holders are eligible for in-state tuition and public aid after 1 year of U.S. residency.
Can I travel outside the U.S. after obtaining my Green Card?
Yes — but absences over 6 months may require explanation. For long-term travel (>12 months), a Re-entry Permit is recommended.
Can I apply for U.S. citizenship later?
Yes. After 5 years of permanent residency (including conditional status), you can apply for naturalization.
Will I get my money back if my petition is denied?
It depends on the project’s subscription agreement. Some offer refunds upon denial, others may require appeal exhaustion. Goldwater negotiates these terms upfront to protect your interests.
Can I live and work anywhere in the U.S.?
Yes. A Green Card offers complete freedom to live, work, and study anywhere in the country.
Will my child qualify for in-state university tuition?
Yes. Green Card holders are eligible for in-state tuition and public aid after 1 year of U.S. residency.
Can I travel outside the U.S. after obtaining my Green Card?
Yes — but absences over 6 months may require explanation. For long-term travel (>12 months), a Re-entry Permit is recommended.
Can I apply for U.S. citizenship later?
Yes. After 5 years of permanent residency (including conditional status), you can apply for naturalization.
Will I get my money back if my petition is denied?
It depends on the project’s subscription agreement. Some offer refunds upon denial, others may require appeal exhaustion. Goldwater negotiates these terms upfront to protect your interests.
Can I live and work anywhere in the U.S.?
Yes. A Green Card offers complete freedom to live, work, and study anywhere in the country.
Will my child qualify for in-state university tuition?
Yes. Green Card holders are eligible for in-state tuition and public aid after 1 year of U.S. residency.
Can I travel outside the U.S. after obtaining my Green Card?
Yes — but absences over 6 months may require explanation. For long-term travel (>12 months), a Re-entry Permit is recommended.
Can I apply for U.S. citizenship later?
Yes. After 5 years of permanent residency (including conditional status), you can apply for naturalization.
Will I get my money back if my petition is denied?
It depends on the project’s subscription agreement. Some offer refunds upon denial, others may require appeal exhaustion. Goldwater negotiates these terms upfront to protect your interests.
Our 5-Step Engagement Model
01
Day 1
File Petition & I-485
Law firm files Investor’s:
- I-526E Petition
- I-485 Adjustment of Status
- EAD Open Work Permit I-765
- Advance Parole Travel Permit I-131
02
Day 14 to 21
Receipt Notices
USCIS sends receipt notices for each application form.
- Delivered by mail
- Notice states Receipt Number
03
Day 30 to 60
Appointment Notices
USCIS sends appointment notices for Biometrics (fingerprints & photo).
- Delivered by mail
- Notices arrive 3–4 weeks before the appointment
04
Day 60 to 90
Appear for Biometrics
Investor and family appear for Biometrics (fingerprints & photo).
- At Application Support Center
- Bring appointment notice and Passport
05
Day 90 to 180
Work Permit Delivered
Investor and family receive Work Permit and Travel Document.
- Delivered by mail
- Lasts for 5 years, renewable
05
Day 180 to 365
I-526E Approval
USCIS approves Investor’s I-526E green card petition.
- Letter is delivered by mail
- Next step is to receive the 2-year Conditional Green Card
06
Day 365 to 1.5 Years
Green Card Delivered
Investor and family receive 2-year Conditional Green Card.
- Delivered by mail
- Lasts for 2 years
- No interview required
06
90 Days Before Green Card Expires
File I-829
Investor and family receive Work Permit and Travel Document.
- Delivered by mail
- Lasts for 5 years, renewable
Adjustment of Status Processing for EB-5 Investors Rural TEA
01
Day 1
File Petition & I-485
Law firm files Investor’s:
- I-526E Petition
- I-485 Adjustment of Status
- EAD Open Work Permit I-765
- Advance Parole Travel Permit I-131
02
Day 14 to 21
Receipt Notices
USCIS sends receipt notices for each application form.
- Delivered by mail
- Notice states Receipt Number
03
Day 30 to 60
Appointment Notices
USCIS sends appointment notices for Biometrics (fingerprints & photo).
- Delivered by mail
- Notices arrive 3–4 weeks before the appointment
04
Day 60 to 90
Appear for Biometrics
Investor and family appear for Biometrics (fingerprints & photo).
- At Application Support Center
- Bring appointment notice and Passport
05
Day 90 to 180
Work Permit Delivered
Investor and family receive Work Permit and Travel Document.
- Delivered by mail
- Lasts for 5 years, renewable
05
1.5 to 2 Years
I-526E Approval
USCIS approves Investor’s I-526E green card petition.
- Letter is delivered by mail
- Next step is to receive the 2-year Conditional Green Card
06
6 Months After Approval
Green Card Delivered
Investor and family receive 2-year Conditional Green Card.
- Delivered by mail
- Lasts for 2 years
- No interview required
06
90 Days Before Green Card Expires
File I-829
Investor and family receive Work Permit and Travel Document.
- Delivered by mail
- Lasts for 5 years, renewable
Adjustment of Status Processing for EB-5 Investors High Unemployment Area TEA
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Newsletter
We’d love to share our love for engineering with you in our monthly newsletter
Our Programs
Resources
Legal
Terms & Conditions
Privacy Policy
Newsletter
We’d love to share our love for engineering with you in our monthly newsletter
Our Programs
Resources
Legal
Terms & Conditions
Privacy Policy
Newsletter
We’d love to share our love for engineering with you in our monthly newsletter
Our Programs
Resources
Legal
Terms & Conditions
Privacy Policy