Direct EB-5 Visa FAQ’s
We’ve helped entrepreneurs across the world build compliant, job-creating businesses that meet EB-5 rules. Here are the answers to the most important questions, so you can move forward with clarity and confidence.
Entrepreneurs or business owners who want to expand into the U.S. by starting or growing a real, job-creating business. You must be able to commit $800,000 and actively manage the business, while creating at least 10 full-time U.S. jobs.
$800,000, provided the business is located in a rural or high-unemployment area (a TEA). Depending on the business you might not need to invest the entire $800,000 at the start. We help structure your business so it meets this threshold.
A TEA is a rural or economically depressed area that qualifies for the lower EB-5 investment threshold. TADE helps clients identify TEA-eligible locations that align with their business goals.
Investing in a rural EB-5 project lets you qualify with a lower $800,000 investment, receive faster processing, and benefit from reserved visa spots if you are from a country with retrogression such as India or China.
TADE focuses only on Direct EB-5. In Direct EB-5, you actively own and operate a real business that directly creates jobs. Regional Center EB-5 is passive, we do not offer that route to clients.
You must provide clear records showing how you earned or acquired your funds. Records such as business profits, salary, sale of property, inheritance, gifts or loans.
From start to conditional green card, timelines vary depending on the location of your business and your country of origin. If you are investing in a rural area, you can expect the I-526 petition to be adjudicated in about 8 months. Non rural areas it might take 12-14 months. After I-526 approval the consular processing time depends on your country of origin.
Yes. Your spouse and any unmarried children under age 21 can be included in your petition and receive green cards through your application.
This depends on how involved you plan to be in the business, the type of business and the structure you present to USCIS. In general for the EB-5 program, you do not have to live where the EB-5 business or project is.
At least 10 full-time W-2 jobs for U.S. workers, sustained for a minimum of two years. TADE helps you plan job creation timelines that meet USCIS expectations.
The business must show the need for at least 10 jobs. It is understandable that people quit and sometimes businesses do not have all the employees they need. USCIS focuses on the need of the business for at least 10 employees. If the business does not have a real need to employ at least 10 people, then the business does not qualify for the EB-5 program and we will tell you that before starting the business. Failure to create at least 10 full-time jobs will lead to you not being able to remove the conditions from your green card.
That’s specific to Regional Center projects. For Direct EB-5, you file Form I-526 to begin your green card process. TADE works with attorneys to help prepare the business components of your petition.
You’ll receive a 2-year conditional green card. After meeting the business and job creation requirements, you file Form I-829 to remove those conditions and receive a permanent green card.
Within 90 days before your 2-year conditional green card expires. TADE ensures your job creation records and business performance are ready for this stage.
You can apply for citizenship after 5 years of being a permanent resident (green card holder) in the United States. The 5 year period starts when you receive your initial conditional green card.
Yes, you can start with part of the money, as long as you can prove where the rest is coming from and invest the full amount within a reasonable time.
For example, we’ve worked with clients who started with $400,000 and showed clear documentation for the remaining $400,000, such as a pending property sale or upcoming business revenue. Their petitions were accepted because the full investment was completed and properly sourced in a reasonable time.
Yes, unsecured loans are allowed, as long as the loan is not secured by assets of the U.S. business and you are personally and legally responsible for repaying it. So as long as the loan is in your name and not guaranteed by the business you are investing in.
No. The EB-5 program does not allow for guarantees and this applies mainly in Regional Center projects where a guarantee can be structured and still be compliant with USCIS rules. In Direct EB-5, your investment can be structured to reduce risk, such as purchasing real estate or equipment in the business. If the business fails, those assets may still hold value and could be sold to recover all or part of your investment.
Poor business planning, weak job creation, or inadequate documentation. TADE helps reduce these risks by grounding your case in operational logic and clean compliance.
Choose a business that you understand, can actively be involved in, and that has the potential to create at least 10 full-time U.S. jobs. Common options include restaurants, care homes, retail, and light manufacturing.
At TADE, we help you evaluate your options based on your budget, skills, and risk level, so you can choose a business that fits both your goals and the EB-5 requirements.
Yes, if you already hold a valid visa. However, be prepared to explain your immigrant intent at the border. We help prepare your travel strategy if needed.
We provide A-to-Z business planning, structure, job creation models, TEA targeting, and readiness for USCIS scrutiny. Legal teams handle forms. We handle the foundation.
Yes. Direct EB-5 requires active management and day-to-day involvement. If you want a passive option, you would need a Regional Center.
Redeployment applies to Regional Center EB-5 and is not relevant for Direct EB-5, since your funds stay in your business. You retain full visibility and control.