The 5 Biggest Myths About the EB-5 Visa — Busted

At EB-5 USA, we understand that pursuing a U.S. Green Card is a major decision — and too often, myths about the EB-5 program create unnecessary doubt or hesitation. Despite its long history and proven track record, many potential investors hesitate because of misinformation or outdated assumptions. To help you make informed choices, we’re breaking down five of the most common misconceptions about EB-5 — and what the reality actually looks like.

Myth #1: “EB-5 Is Only for the Ultra-Wealthy”

Where this comes from: The minimum investment amount—$800,000 in a TEA (Targeted Employment Area) or $1,050,000 in a non-TEA—sounds like something only people with extreme wealth could afford.

Reality: EB-5 is not just for the ultra-rich. Many successful EB-5 investors are professionals, business owners, or families who strategically pool resources. Lawful funds can come from:

●        Property sales (homes, land, or other real estate)

●        Inheritance or family gifts

●        Profits from a business sale

●        Loans secured by assets

●        Investment liquidations (stocks, bonds, or crypto if documented legally)

Investors do not need the full amount sitting in cash on day one. USCIS allows partial investments, as long as the investor commits the full capital within the timeframe of filing. This flexibility helps families enter the program while planning for asset liquidations or business transitions.

Myth #2: “EB-5 Is “Buying” a Green Card”

Where this comes from: Critics often call EB-5 a “pay-to-play” visa, equating it with buying citizenship.

Reality: EB-5 is a job creation program, not a shortcut. To qualify, investors must:

1. Prove the legality of their funds: every dollar must be documented.

2. Place their investment at risk in a new commercial enterprise (NCE): this means no guaranteed returns or principal repayment.

3. Create at least 10 full-time U.S. jobs for American workers.

USCIS adjudicators closely review each petition. Investors work with attorneys, economists, and regional centers to show their investment is stimulating the economy. Far from being a “purchase,” EB-5 requires careful planning, compliance, and measurable contributions to the U.S. economy.

Myth #3: “The Process Takes Too Long”

Where this comes from: In the past, backlogs for China and India created headlines of decade-long waits.

Reality: Processing times vary, but EB-5 is now faster than many employment-based visas. Here’s why:

●        The EB-5 Reform and Integrity Act of 2022 (RIA) introduced visa set-asides for rural, high-unemployment, and infrastructure projects.

●        Rural investments (20% of all EB-5 visas) are given priority processing. Some investors have received conditional Green Cards in under 12 months.

●        By contrast, EB-2 and EB-3 applicants from India or China may face waits of 10–15 years due to retrogression.

For many families, EB-5 is the fastest route to permanent residency, especially if they choose carefully structured projects in set-aside categories.

Myth #4: “You Must Live Near or Manage the Project”

Where this comes from: Confusion between direct investments (where the investor runs a business) and regional center investments.

Reality: With regional centers, investors are limited partners—they do not manage the day-to-day operations. The regional center handles compliance, reporting, and job-creation requirements.

This gives investors the freedom to:

●        Live anywhere in the U.S., regardless of project location

●        Pursue their own careers or businesses

●        Focus on family, education, or retirement rather than project oversight

EB-5 provides flexibility—investors get residency benefits without being tied to their project’s geography or operations.

Myth #5: “You Can’t Stay in the U.S. While Waiting”

Where this comes from: Historically, investors abroad had to wait overseas until their Green Card was issued.

Reality: Under current rules, EB-5 applicants already in the U.S. on valid visas (like H-1B, L-1, F-1, or O-1) may use concurrent filing. This means they can:

●        File their I-526E (EB-5 petition) and I-485 (Adjustment of Status) at the same time.

●        Apply for work permits (EAD) and travel permits (Advance Parole) within 60–90 days.

●        Continue living, working, and studying in the U.S. while waiting for Green Card approval.

This eliminates uncertainty for families already building their lives in the U.S. and provides stability during the waiting period.

Final Takeaway

The EB-5 program is often misunderstood — but once you move past the myths, it becomes clear that it offers one of the most direct, reliable, and family-friendly paths to U.S. permanent residency.

At EB-5 USA, we’re here to separate fact from fiction, guide families through every step of the EB-5 process, and ensure your path to permanent residency is clear and achievable. If you’re ready to look past the myths and explore real opportunities, our team can help you get started with confidence.

Because your Green Card shouldn't take a lifetime.