EB-5 FAQ for Global Indians & Founders

A TEA is:

• A rural area (outside metro zones with population <20,000)

• Or a high unemployment area (150% of the national unemployment average)

Investing in a TEA offers reduced capital thresholds and faster processing.

You must provide comprehensive documentation:

• Tax returns (5+ years)

• Salary slips, sale deeds, inheritance, business income, etc.

• Gift deeds and donor's source (if applicable)

• Foreign exchange transfer proofs (if investing from abroad)

The EB-5 program mandates creation of 10 full-time jobs (35+ hrs/week) for U.S. citizens or eligible workers. Regional Center projects often count indirect and induced jobs via economic modeling (like RIMS-II).

Yes. U.S. securities laws require EB-5 investors to be accredited, since most offerings are Reg D exempt.

• Net worth over $1 million USD (excluding your primary residence), OR

• Annual income of $200,000+ USD (single) or $300,000+ USD (joint) for past two years

Your lawyer or Regional Center may require bank statements, tax returns, or a third-party certificate.

1. Project Selection

Choose a Regional Center project vetted by Goldwater for safety, compliance, and returns.

2. Investment & Escrow

Wire $800K to the escrow account (or $1.05M for non-TEA projects). Escrow often protects your capital until I-526E receipt.

3. File Form I-526E

Your attorney submits this petition, showing project details, lawful source of funds, and your investor role.

4. Adjudication Timeline

USCIS reviews your petition. Timelines vary:

• Rural TEA: often expedited

• Others: ~12–24+ months

5. Green Card Processing

• Inside the U.S.: file I-485 (Adjustment of Status)

• Outside the U.S.: file DS-260 via consular processing

6. Conditional Green Card

Valid for 2 years. Grants you and family lawful permanent resident status.

7. File I-829

Within 90 days before green card expiry, submit proof of sustained investment and job creation.

8. Receive Permanent Green Card

Once I-829 is approved, your 10-year renewable green card is issued.

Yes, through:

• Rural TEA investment (priority processing + visa set-asides)

• USCIS Expedite Requests (based on project impact or hardship)

Yes. But if you plan to remain abroad for over 6 months:

• Apply for a Reentry Permit (Form I-131) before leaving

• Trips over 1 year may revoke your green card without one

A passport-like booklet that lets you stay outside the U.S. for up to 2 years without losing residency. It establishes your intent to return and prevents CBP issues at reentry.

• Biometrics: ~1–2 months

• Permit issuance: ~3–4 months

• Expedited biometrics possible (within 2–4 weeks)

Yes — but:

• Must be inside the U.S. to apply

• 1st time: up to 2 years

• Subsequent renewals: usually capped at 1 year

You must:

• Be physically in the U.S. for 30 months out of the last 5 years (or 18 of 3 years if married to a U.S. citizen)

• Avoid trips longer than 6 months

• File U.S. tax returns and maintain U.S. ties

We apply our proprietary CLEAR + GAIN™ framework to identify top-tier projects with:

Last-In, First-Out Position

You invest after the project is funded — and exit first, often before senior loans.

Fixed Maturity Timeline

Predictable exits in 5–6 years, with contractual obligations to repay.

Standalone Fund Vehicles

Each EB-5 investment is siloed into its own SPV (Special Purpose Vehicle), reducing contagion risk.

Deferred Capital Calls

You may stagger investment across tranches until USCIS receipt.

Construction Completion Guarantees

Backstopped by developers or parent companies to ensure asset delivery.

RIMS-II Economic Job Creation

Third-party models ensure job creation and USCIS approval robustness.

Corporate Repayment Guarantees

Repayment assured via collateral, personal guarantees, or developer-backed terms.

Some projects offer an I-526 Refund Guarantee — you receive your $800K back if USCIS denies for non-fraud reasons. Not universal — review the PPM carefully.

• Admin: $20K–$40K

• Legal: $15K–$25K

• USCIS:

◦ I-526E: $3,675

◦ I-485: $1,140

◦ I-829: $3,750

• Others: Source-of-funds reports, escrow, bank wire charges

We:

• Prioritize capital safety as much as immigration success

• Conduct deep diligence across 30+ EB-5 projects annually

• Negotiate low admin fees and offer unbiased, tech-enabled comparisons

• Provide white-glove support from investment to green card to permanent residency

Filed with USCIS to start your EB-5 process. It confirms:

• Lawful source and path of funds

• USCIS-compliant project structure

• Job creation plan

• Investor eligibility

• 5+ years of tax returns

• Salary records, bank proofs, gift documentation

• Identity documents for all dependents

• Project documents: economic impact, offering memo, business plan

• Wire confirmations and escrow agreements

• If inside U.S.: file I-485

• If outside U.S.: proceed with DS-260 + consular processing

Filed ~21 months after receiving your conditional green card. Proves:

• Investment stayed at risk

• 10 jobs were created

• You're eligible for permanent residency

• I-526E: 12–24 months (faster for rural)

• I-485 / DS-260: 6–12 months

• I-829: 24–36 months