EB-5 Resurgence
Kyle Huffman • May 9, 2024
The EB-5 Immigrant Investor Visa Program has long stood as a beacon of opportunity for those seeking to establish roots in the United States. However, in recent years, its allure dimmed due to concerns surrounding integrity, program abuse, and uncertainties regarding its future. Yet, with the passage of the EB-5 Reform & Integrity Act of 2022, the EB-5 program finds itself on the brink of a renaissance, once again capturing the attention of investors worldwide.
For those unfamiliar, the EB-5 program offers foreign investors and their families a pathway to permanent residency in the United States by investing a minimum amount in a qualifying U.S. business venture. This investment must create or preserve a certain number of jobs for American workers. Historically, the program has been popular among affluent individuals seeking not only residency but also the opportunity to contribute to the U.S. economy.
However, in recent years, the program faced criticism and scrutiny due to allegations of fraud, abuse, and inefficiencies. Investors became wary, and the program's popularity waned. Prospective applicants were hesitant to commit significant funds to a program plagued by uncertainties and bureaucratic hurdles.
Enter the 2022 EB-5 Reform and Integrity Act. This landmark legislation addresses many of the concerns that have plagued the program in recent years. Among its key provisions are increased investment thresholds, stricter oversight measures, and reforms aimed at promoting integrity and transparency within the program.
One of the most significant changes introduced by the reform act is empowering the United States Citizenship and Immigration Services (USCIS) to more effectively monitor and investigate potential instances of fraud or abuse. Additionally, the act introduces measures to streamline the application process, reducing bureaucratic red tape and expediting the adjudication of EB-5 petitions, resulting in faster processing for legitimate investments.
The passage of the 2022 EB-5 Reform and Integrity Act has injected new life into the EB-5 program, reigniting interest among investors and immigration stakeholders alike. With its enhanced integrity measures and streamlined processes, the program once again represents a compelling opportunity for those seeking to pursue the American dream.
Already, we are witnessing a resurgence of interest in the EB-5 program from investors worldwide. Developers and regional centers are seizing the opportunity to capitalize on the renewed enthusiasm, presenting a diverse array of investment opportunities across various industries and regions.
Moreover, the EB-5 program's revitalization holds significant implications for the U.S. economy. By attracting foreign investment, the program has the potential to create jobs, spur economic growth, and facilitate the development of communities in need. Furthermore, it underscores the United States' commitment to welcoming and harnessing the talents and resources of immigrant investors.
The passage of the 2022 EB-5 Reform and Integrity Act marks a pivotal moment in the history of the EB-5 program. By addressing longstanding concerns and implementing comprehensive reforms, the act has restored confidence in the program and positioned it for a prosperous future. As investors and developers alike embrace the opportunities presented by the revitalized EB-5 program, we anticipate a resurgence in interest and activity, reaffirming the program's status as a cornerstone of American immigration policy and economic development.
I encourage any prospective investors to meet with one of our skilled attorneys to discuss the possibility of securing permanent residency, and eventually citizenship, through a qualifying investment under the EB-5 Immigrant Investor Visa Program. We look forward to working with you!
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Kyle Huffman
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Embarking on the EB-5 immigration journey is both a profound personal endeavor and a strategic investment decision. For individuals seeking to make the United States their new home while contributing to its economic landscape, the EB-5 Immigrant Investor Program offers a pathway unlike any other. This program, established by the U.S. government in 1990, provides foreign investors with the opportunity to obtain permanent residency in the United States by investing in job-creating enterprises . However, navigating the complexities of the EB-5 process requires a thorough understanding of its intricacies, requirements, and potential pitfalls. In this guide, we provide a brief overview of the steps and documents involved in the EB-5 immigration process, shedding light on its key components, eligibility criteria, investment options, and procedural steps, empowering prospective investors with the knowledge needed to embark on this transformative journey with confidence. Before selecting a project and making the investment, it is important for an EB-5 investor to meet with an immigration attorney to strategize for the application. It is required to show the Immigration Service that all funds used in the investment were lawfully earned and retained , so your attorney will want to understand where the money for the investment is coming from and where it has been held since it was earned. Once satisfied with the source and tracing of funds, the investor can select a project to invest in. Following the passage of the EB-5 Reform & Integrity Act, certain investment projects have already been pre-approved by USCIS by filing form I-956 and receiving designation as a Regional Investment Center. The required minimum investment is $1,050,000 by default; however, this amount is reduced for investment centers in “Targeted Employment Areas” to $800,000 . After submitting the investment to the regional center, the investor will then work with their attorney to create the I-526 petition. At this stage of the case, it is time to show USCIS the source and tracing of all of the funds used for the investment. The types documentation required in order to show the lawful source and tracing of funds is extremely broad and highly dependent on where the money is coming from in each particular case, but the most common documents include W-2 or 1099 tax forms, federal and state tax returns, bank account statements, purchase and sale contracts from the sale of real estate, stock certificates, loan contracts, inheritance documents, and wire transfer records, among many other possibilities . EB-5 applicants can either process their green cards through USCIS by filing an I-485 application for Adjustment of Status, or process through the consulate in their home country . If already in the United States on another valid status, the Adjustment of Status application can be submitted concurrently with the I-526 petition. If processing through a consulate overseas, the investor will have to wait until the I-526 is approved before beginning the consular process. The primary applicant, along with a spouse and any unmarried children under 21 years of age are able to receive permanent residency through the EB-5 process. At the completion of either process, whether requesting the Green Card within the United States or seeking entry through a consulate, USCIS will issue conditional green cards, with a validity of two years . Within the last three months before the conditional green card expires , the investor and family will need to file an I-829 application for removal of conditions on the green card. At this stage, nearly two years after the investment has been made, the Immigration Service is confirming whether the investment remains in the project and the requisite 10 jobs have been created . Following I-829 approval, the investor and their family will receive permanent green cards, with a 10-year validity. The investor and family will be able to apply for United States Citizenship five years after the initial green card is issued . The conditional green card does count for this purpose, so citizenship will become a possibility approximately 3 years after the permanent green cards are issued. In conclusion, the EB-5 Immigrant Investor Program stands as a unique avenue for individuals around the globe to fulfill their aspirations of living and thriving in the United States. Through strategic investment and dedication to job creation, participants not only secure permanent residency but also contribute to the nation's economic growth and prosperity. However, it is crucial for prospective investors to approach the EB-5 process with meticulous planning, thorough research, and expert guidance to navigate its complexities successfully . By understanding the program's requirements, exploring investment options, and adhering to procedural guidelines, aspiring immigrants can embark on their EB-5 journey with clarity and confidence. Ultimately, the EB-5 program represents more than just a pathway to residency—it embodies the spirit of entrepreneurship, innovation, and opportunity that defines the American dream. If you believe you may qualify for the EB-5 program or if you have any questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
Family-based immigration remains one of the most common paths to lawful permanent residency in the United States. It offers a lifeline to families hoping to reunite across borders, but the process is far from simple. The outcome of the applications can be delayed as a result of potential missteps while preparing the applications. Here are some of the most common pitfalls and how to avoid them: Incomplete or Inaccurate Forms One frequent mistake is submitting incomplete or inaccurate information on the forms like the I-130 (Petition for Alien Relative) and the I-485 (Adjustment of Status). Even minor errors such as misspelled names, missing signatures, or incorrect dates—can result in Requests for Evidence. To avoid this misstep, double-check all entries, cross-reference documents, and consult with an attorney before submission. Remember, immigration forms are legal documents so accuracy matters. Insufficient Supporting Evidence Proving a genuine familial relationship is the basis of family-based petitions. For spousal cases, USCIS looks closely at evidence of a bona fide marriage. Little or no supporting documents and evidence may lead to Requests for Evidence and even skepticism from USCIS. To establish a bona fide marriage, include documentation to show shared finances and liabilities. Filing Under the Wrong Category or Preference There are different immigration paths depending on whether the petitioner is a U.S. citizen or lawful permanent resident, and whether the beneficiary is a spouse, child, sibling, or parent. Each category has different processing times and visa availability. It is critical that before applying, you understand which preference category applies to your case. Immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21) generally receive faster processing and are not subject to annual visa caps. Not Disclosing Past Immigration or Criminal History Many applicants fail to account for past immigration violations such as visa overstays, unauthorized work, or prior removal orders. Similarly, if you fail to disclose past criminal history and these issues surface later in the process they can affect the outcome of the case. Disclose everything to your attorney, no matter how minor or old the issue seems. Prior violations don’t always mean denial but not disclosing them may lead to serious consequences. If you're considering filing a family-based petition, consult with an experienced immigration attorney at our office. Our office is committed to helping families navigate this complex process with clarity and confidence.
When applying for a green card or seeking admission into the United States, one of the legal hurdles many applicants may face is the public charge ground of inadmissibility. This test evaluates whether someone is likely to become primarily dependent on the government for support. But what exactly does that mean—and what types of public benefits can trigger this issue? In this article, we’ll break down what “public charge” really means, who is affected, what types of public benefits are considered, and what immigrants should be mindful of when making decisions about public programs like Medi-Cal and Medicaid. What Is the Public Charge Ground of Inadmissibility? The public charge rule applies to individuals applying for a visa, green card (adjustment of status), or entry into the U.S., unless they fall into an exempt category. Under this rule, the Department of Homeland Security (DHS) must determine whether the applicant is likely to become primarily dependent on the government for subsistence. This typically refers to receiving: Public cash assistance for income maintenance (such as SSI or TANF), or Long-term institutional care at government expense. This determination is based on the "totality of circumstances," including age, health, financial resources, education, skills, and whether a sponsor has submitted a valid Affidavit of Support. Who Is Exempt from the Public Charge Rule? Many categories of immigrants are exempt from the public charge ground of inadmissibility. These include: Asylees and refugees Special immigrant juveniles Violence Against Women Act (VAWA) self-petitioners T and U visa applicants Temporary Protected Status (TPS) applicants Importantly, even if someone later adjusts status through a different pathway that is subject to public charge, any benefits they received while in an exempt category will not be held against them. What Public Benefits Are Not Considered in the Public Charge Test? It is a common and harmful myth that using any public benefit will jeopardize your immigration status. In fact, most non-cash benefits do not count against you in a public charge determination. According to USCIS and DHS guidance, the following types of assistance (current as of July 1, 2025) are not considered: Health-Related Benefits Medi-Cal/Medicaid, except for long-term institutional care Children’s Health Insurance Program (CHIP) Health insurance through the ACA Marketplace, including subsidies COVID-19 testing, vaccines, and treatment Community health services, crisis counseling, and short-term shelters Food and Nutrition SNAP (Food Stamps) WIC School meal programs Food banks and emergency food assistance Housing and Energy Emergency shelter Rental assistance (e.g., McKinney-Vento programs) Energy assistance (e.g., LIHEAP) Education and Childcare Public schooling Head Start Childcare subsidies (e.g., CCDF) Educational grants and scholarships Federal Cash and Tax Benefits Earned income tax credit (EITC) Child Tax Credit (CTC) Stimulus checks Unemployment insurance Social Security and veteran’s benefits Disaster and pandemic-related cash aid In short, just because a benefit is public or government-funded doesn’t automatically make it count against you. A Word of Caution About Medi-Cal and Medicaid, in Particular As of today (07/01/2025), standard use of Medi-Cal (California’s version of Medicaid) or Medicaid for most health-related services is not considered in a public charge determination. This includes preventative care, emergency services, pregnancy-related services, and short-term care. However, if Medicaid is used for long-term institutionalization, such as in a nursing home or psychiatric facility, that does count under the public charge test. Despite current guidance, we are seeing political shifts and changes in tone from the current administration that suggest public charge policies may become more restrictive in the future. This includes renewed interest in expanding the types of public benefits that may be considered, particularly around medical assistance. For that reason, we generally recommend that individuals who are applying for adjustment of status, or who may be subject to the public charge ground in the future, avoid enrolling in Medi-Cal or Medicaid at this time, unless absolutely necessary. Final Thoughts Immigration law is complex, and the rules surrounding public charge can feel confusing or even frightening. But it’s important to understand that using most public benefits—especially for food, education, and healthcare—will not automatically jeopardize your green card or visa application. Still, because policy can change quickly, we urge individuals to consult with an immigration attorney before applying for any public assistance—especially healthcare programs like Medi-Cal or Medicaid. If you have questions or concerns about how public benefits might impact your immigration case, our office is here to help. We are committed to providing up-to-date, personalized guidance to keep your immigration journey on track. Disclaimer The information provided herein is for general informational purposes only and does not constitute legal advice. Every immigration case is unique, and the application of the public charge rule may vary depending on your specific situation. If you believe this topic may apply to you or you need individualized legal guidance, we encourage you to contact one of our highly-qualified legal professionals for a consultation and assistance tailored to your circumstances. Resources: USCIS Public Charge Resources ILRC Medi-Cal and Public Charge Alert (2024) California Medi-Cal Immigrant Eligibility FAQ
As an immigration law firm, we regularly assist highly skilled professionals working in the U.S. on temporary work visas such as H-1B who are seeking a path to permanent residency. For many of these individuals, the EB-2 and EB-3 employment-based green card categories are the most pursued—and frequently misunderstood—routes . While both are viable pathways to permanent residency, they differ in meaningful ways that can significantly impact the timing, eligibility, and overall strategy of your case. The EB-2 category is intended for individuals who either hold an advanced degree or demonstrate exceptional ability in their field . Most applicants qualify by having a master’s degree (or higher), or a bachelor’s degree accompanied by at least five years of progressive experience in their profession. There is also a subcategory within EB-2 known as the National Interest Waiver (NIW), which allows qualified individuals to self-petition without employer sponsorship if their work substantially benefits the United States. This route is especially relevant for researchers, entrepreneurs, and professionals in high national interest or mission-critical fields. In contrast, the EB-3 category includes professionals with a bachelor’s degree as well as skilled workers with at least two years of training or experience . While the educational threshold for EB-3 may appear less rigorous, the process itself is equally structured. One key distinction between EB-2 and EB-3 lies in the requirements of the job being offered, not just the applicant’s own credentials. For example, if a position requires only a bachelor’s degree, even a highly qualified candidate with a master’s degree may still fall under EB-3. Regardless of which category applies, most employment-based green card cases begin with the PERM labor certification process . This is a formal procedure overseen by the U.S. Department of Labor, in which the employer must test the labor market and demonstrate that there are no able, willing, qualified, and available U.S. workers for the position. The employer must also agree to pay the prevailing wage as determined by the Department of Labor. This step is both mandatory and highly detail-sensitive; inaccuracies in the job description, recruitment steps, or wage determination can lead to significant delays or even denials. Once PERM certification is approved, the employer files Form I-140 , the Immigrant Petition for Alien Worker. This petition confirms that the employee meets the requirements for the offered position under either EB-2 or EB-3, and that the employer is financially capable of providing the job as described. If the employee’s priority date—which is based on the date the PERM was filed—is current according to the Department of State’s Visa Bulletin, the individual may then file Form I-485 to adjust their status to lawful permanent resident. One of the more nuanced aspects of this process involves understanding how priority dates and visa backlogs affect the timeline. For applicants from countries with high demand, such as India or China, significant delays are common—particularly under EB-2. Paradoxically, there are times when the EB-3 category moves faster, prompting some applicants to file a second I-140 under EB-3 while retaining the original priority date. This strategy can be effective but requires careful legal planning to ensure it’s done correctly. Another strategic factor is portability. If your I-485 application has been pending for at least 180 days and your I-140 has been approved, you may be eligible to change employers under the AC21 portability provisions, so long as the new job is in the same or a similar occupational classification. This flexibility can be critical for employees who experience job changes or promotions during the often lengthy green card process. Ultimately, the choice between EB-2 and EB-3 isn’t about prestige —it’s about aligning your qualifications, the job requirements, and your immigration history with current legal standards and market conditions. The right strategy depends not only on your education and experience, but also on your long-term career goals and country of origin. At our firm, we work closely with both employers and employees to develop individualized immigration strategies that streamline the process and avoid unnecessary setbacks. Whether you're a corporate professional evaluating your green card options or an employer preparing to sponsor a key team member, we offer the insight and experience to move your case forward with confidence.
