The EB-5 Immigrant Investor Program offers foreign nationals the opportunity to obtain a green card through investment, creating a viable route to permanent residency in the United States. For individuals with the required capital and the intent to engage in a compliant, job-creating enterprise, the EB-5 program provides a path that bypasses the traditional employment-based or family-sponsored routes.
This program, however, is governed by highly specific rules, extensive documentation demands, and evolving regulatory scrutiny. Successfully navigating the EB-5 process requires not only a qualifying investment but also a clear understanding of each step in the process and the legal standards that govern it.
Strategic Legal Support That Sets Pollak PLLC Apart
Investing in the United States through the EB-5 program is not simply a financial decision—it is a legal one. Pollak PLLC provides a comprehensive legal foundation to support every phase of the EB-5 journey. From structuring the investment to documenting the lawful source of funds, the firm’s approach is grounded in proactive strategy and regulatory precision.
Pollak PLLC has decades of experience advising high-net-worth individuals, entrepreneurs, and international investors. Clients benefit from the direct involvement of Managing Attorney Karen-Lee Pollak, whose hands-on legal guidance ensures that every filing is complete, every timeline is clear, and every petition meets the exacting standards of U.S. Citizenship and Immigration Services (USCIS).
The firm works closely with clients to evaluate investment opportunities, avoid high-risk projects, and build source-of-funds documentation that withstands federal scrutiny. Rather than relying on boilerplate templates or outsourcing critical analysis, Pollak PLLC delivers tailored guidance rooted in immigration law and informed by real-world EB-5 trends.
Understanding EB-5 Eligibility Requirements
The EB-5 program requires that each investor contribute a minimum amount of capital and that the investment results in U.S. job creation. Two investment thresholds exist: $1.05 million for standard projects, and $800,000 for investments made in a Targeted Employment Area (TEA)—defined as either a rural area or a location with high unemployment.
To qualify, the investor must place the required capital “at risk” in a new commercial enterprise. The funds must be lawfully sourced, and the investment must lead to the creation or preservation of at least 10 full-time jobs for qualifying U.S. workers within a two-year period.
Direct vs. Regional Center Investments
Investors may choose between direct investments—typically into a business they manage—or regional center investments. Regional centers pool capital from multiple investors and handle job creation through indirect employment models. While regional centers may offer a less hands-on approach, they also come with distinct evidentiary requirements and project-specific risks.
Each model has trade-offs, and choosing the right one depends on the investor’s business experience, level of desired involvement, and long-term goals.
Preparing Your Investment: Source of Funds and Structuring Options
USCIS requires each EB-5 applicant to demonstrate that their investment capital was obtained through lawful means. This requirement applies regardless of whether the funds are derived from salary, real estate sales, loans, business proceeds, gifts, or inheritances.
Building a Clear Paper Trail
Investors must provide extensive documentation—often spanning years—to trace the origin of funds. Acceptable records may include tax returns, bank statements, wire transfers, sales agreements, loan documents, and affidavits. When foreign documents are involved, certified translations must be submitted alongside originals.
Using Loans, Gifts, or Business Proceeds
Secured and unsecured loans are permitted as long as the borrowed funds are backed by the investor’s personal assets and there is a legitimate expectation of repayment. Gifts must be accompanied by proof of the donor’s ability to give and a sworn statement that the funds are not repayable.
Structuring the investment properly from the beginning is essential. A failure to document the funds correctly or demonstrate their lawful origin may result in delays, RFEs, or even denial.
The I-526 Petition: Initiating Your EB-5 Case
The EB-5 process formally begins with the filing of Form I-526 (or I-526E for regional center investors). This petition must demonstrate that the investor has made or is in the process of making a qualifying investment and that the funds were obtained lawfully and placed at risk in a job-creating enterprise.
What USCIS Looks for in the Petition
A successful petition includes detailed information about the investment structure, business plan, financial documentation, and projected job creation. Investors must show that the enterprise will create at least 10 full-time jobs for qualifying U.S. workers within the mandated timeline.
Avoiding Petition Deficiencies
Delays often occur when documentation is inconsistent, incomplete, or unclear. Common errors include failing to link the source of funds to the transferred capital, vague job creation forecasts, or discrepancies between the business plan and actual operations. Early legal review plays a key role in resolving these issues before they impact the petition.
Conditional Green Card Approval and Two-Year Residency
Once USCIS approves the I-526 petition and a visa number becomes available, the investor (and qualifying family members) can obtain a two-year conditional green card. Those already in the U.S. may file Form I-485 to adjust status, while those abroad complete the process through consular processing.
What Conditional Residency Allows—and Requires
The conditional green card grants nearly all the same benefits as permanent residency, including the ability to live, work, and travel in and out of the United States. However, its validity is limited to two years, and the investor must fulfill the job creation and investment obligations during this period.
It is important to track timelines carefully during the conditional residency phase. USCIS expects investors to begin meeting job creation milestones during this period. Failing to monitor compliance or maintain records can jeopardize the next step in the EB-5 process.
Removing Conditions: The I-829 Petition Process
To transition from conditional to permanent residency, investors must file Form I-829 within 90 days of the expiration of their two-year green card. This petition must prove that the required investment was sustained and that the job creation criteria were met.
Key Documentation for I-829
Supporting documentation typically includes business tax returns, payroll records, organizational charts, W-2s, and financial statements. For regional center investments, the project’s economists may provide job creation reports based on indirect employment models, while direct investors must prove actual hires.
If the investment was sustained but experienced unforeseen delays—such as construction setbacks or economic downturns—USCIS may still approve the petition, provided the investor can show good faith and continued intent.
Common Pitfalls and How to Avoid Them
EB-5 petitions are complex and can be undermined by missteps that seem minor but carry serious consequences. The process requires precise alignment of investment structure, documentation, and immigration compliance. A proactive legal strategy helps prevent issues that often lead to delays or denials—some of which may not be easily corrected once identified by USCIS.
Pollak PLLC helps investors avoid these setbacks by ensuring every component of the petition is legally sound, supported by evidence, and filed on time.
Inadequate Source-of-Funds Documentation
One of the most frequent reasons for EB-5 delays is insufficient or unclear documentation showing where the investment funds originated. USCIS requires a complete and traceable path for all funds used, including tax returns, bank statements, property sale records, and loan agreements. Vague explanations, missing pages, or inconsistencies between statements can result in Requests for Evidence or outright denials. Every dollar must be accounted for, and every transfer must be explained. Pollak PLLC guides clients in gathering this documentation early to avoid last-minute complications.
Choosing Unqualified or Noncompliant Projects
Investing in a project that fails to meet EB-5 requirements—such as failing to create the required number of jobs or lacking proper financial oversight—can jeopardize the entire petition. This risk is heightened in regional center investments, where investors may have little control over how funds are used. Working with experienced counsel helps identify red flags, assess risk, and ensure the selected project aligns with USCIS standards.
Failing to Monitor Job Creation and Maintain Records
Job creation is the heart of EB-5 eligibility. If the required 10 full-time jobs are not created and sustained, the investor may not be able to remove conditions and secure permanent residency. Investors must retain documentation such as payroll records, organizational charts, and tax filings that prove compliance. Regional center investors may rely on third-party economic impact models, but even then, proper reporting is essential. Pollak PLLC helps clients track and document job creation in alignment with the original business plan submitted to USCIS.
Missing Critical Filing Deadlines
Failing to meet key filing deadlines—particularly for Form I-829—can result in the loss of conditional resident status, even if the investor has otherwise complied with program requirements. The window to file Form I-829 is narrow, and missing it can lead to removal proceedings. Advanced calendaring, document readiness, and legal supervision are critical to ensuring timely submissions. Pollak PLLC monitors these timelines closely and provides reminders and support well in advance of each deadline.
Plan Your EB-5 Strategy With Confidence
Applying for a green card through the EB-5 program is an important decision—and one that requires serious planning and legal insight. From preparing the investment to sustaining it through conditional residency, each step must be executed with precision.
Pollak PLLC provides end-to-end legal support for EB-5 investors, helping clients navigate complex documentation, meet strict USCIS standards, and safeguard their future in the United States. With offices in Dallas and Fort Lauderdale, the firm offers boutique-level service with national reach and decades of experience in investor immigration law.
To begin planning your EB-5 strategy, contact Pollak PLLC online today. Guidance is available in English, Spanish, and other languages by request.
Pollak PLLC is an award-winning immigration law firm with offices in Dallas, Texas, and Fort Lauderdale, Florida. Contact us at info@pollakimmigration.com or call 214-307-5510 today to schedule a consultation to discuss your options. You can also see updated information on our Pollak PLLC Facebook page.
