The Top 10 EB-5 Mistakes to Avoid

At EB-5 USA, we’ve helped hundreds of families navigating the EB-5 investment process. Over time, we’ve seen some common mistakes that could’ve been avoided with the right guidance and transparency. Whether you're considering an EB-5 investment for the first time or helping a friend obtain their green card—this guide is for you.

Avoiding Common Pitfalls: An EB-5 Investor Learns from Costly Mistakes

Mistake 1: Not budgeting for the full cost of EB-5

A lot of people believe the minimum investment for a TEA is only $800,000. But that’s just the start. You’ve got to account for administration fees charged by the Regional Center, immigration attorney costs, USCIS filing fees (I-526E and later I-829), and sometimes wire transfer or escrow charges. If you’re not planning ahead for the full $900,000 to $950,000+ total cost, you could find yourself short halfway through the process.

Mistake 2: Incomplete or unclear source-of-funds documentation

The number one cause of delays in EB-5 processing is issues with tracing your investment back to a lawful source. USCIS needs crystal-clear documentation, such as sale deeds, gift affidavits, bank transaction logs, and tax records. This process can take weeks or months, especially if your funds came from multiple sources like business income, property sales, or inheritance. You can’t wing this part. Work with an attorney with experience organizing these documents in a format USCIS expects.

Mistake 3: Choosing an EB-5 project with weak job creation

The success of your green card depends on your investment creating at least 10 U.S. jobs. Some projects overpromise or rely on risky projections, like jobs that only count during construction. At EB-5 USA, our approved projects for investors are structured with job creation models that exceed USCIS thresholds by 2-3x, based on independent third-party economic reports.

Mistake 4: Not understanding the role of the EB-5 Regional Center

Not all Regional Centers are created equal. You need to know their approval status with USCIS, whether they’ve had prior denials or RFEs, how they structure capital return, and how they communicate with investors. EB5-USA only works with Regional Centers with proven success in guiding families from I-526E to I-829 approvals.

Mistake 5: Filing with a general immigration lawyer instead of an EB-5 specialist

We’ve seen investors lose time (and money) after hiring a lawyer who wasn’t familiar with EB-5 specifics. There are unique forms, updates, and processes that change often. An attorney who’s done hundreds of EB-5 filings will help you avoid simple errors and make sure your package is airtight. If you’re unsure who to use, we can always connect you with our trusted EB-5 immigration attorneys.

Mistake 6: Not tracking visa availability by country

EB-5 visas are subject to country caps, and high-demand countries like India, China, and Vietnam can experience visa backlogs. Investors sometimes assume they'll get their green card in 2 years, only to find they have to wait longer due to retrogression. Before investing, check the current visa bulletin from the U.S. State Department and make sure you understand your place in the queue.

Mistake 7: Assuming all projects pay back capital the same way

One of the most misunderstood aspects of EB-5 is the exit strategy. When and how will your $800K be returned? Some projects depend on refinancing, some on asset sales, and others on staggered repayment waterfalls. At EB-5 USA, we make sure you understand how projects plan to return capital in selecting the best project for you.

Mistake 8: Investing without understanding the timeline

From filing the I-526E petition to removing conditions with I-829, the EB-5 process can take 5 to 7 years, depending on your country of chargeability and USCIS’ processing times. Some investors don’t realize they’ll have to show the project is still active and compliant at the end of the period. This is why we ensure all our approved projects are built to last, providing stable operations even after construction is complete.

Mistake 9: Failing to ask questions before wiring funds

This one’s simple but important: if something doesn’t make sense, ask. You should feel 100% comfortable with the terms, the business model, and the people involved before making an $800,000+ investment. If you don’t get direct answers from your EB-5 team, walk away. At EB-5 USA, our team is always happy to go over the capital structure, job creation forecast, and disbursement schedule with you personally.

Mistake 10: Letting opportunity pass by due to delay or uncertainty

The EB-5 landscape changes quickly. A TEA designation today may not be valid in 6 months. Investment thresholds can rise. Visa set-asides can fill up. And good projects get fully subscribed fast. We encourage interested families to reach out, ask every question, review the EB-5 offering documents, and make an informed decision. But don’t wait so long that the opportunity disappears.

The EB-5 journey is exciting - but also complex. Our team at EB-5 USA is here to guide you every step of the way. If you’re ready to learn more, we’d love to walk you through our approved projects. Our approved USCIS TEA-certified projects are structured with strong cash flow, a clear exit strategy, and a powerful growth story in exciting markets.

To schedule a private consultation or request the offering packet, email us at contact@ebfiveusa.com or visit www.ebfiveusa.com.