Yes. The person giving the gift must prove the lawful source of the gifted funds. Parents can donate the investment amount as a gift to their son or daughter to become the EB-5 investor.

For example, a father, mother or relative donates the $800K to the son or daughter. The son or daughter will submit the I-526E as the EB-5 Investor and obtain a Green Card.

Loans may come from an individual residing inside or outside the USA or from a foreign or domestic corporation. The corporation must also prove lawful source of funds.

Dependent on your situation and source of funds, the documentation required to prove lawful source of funds will include a combination of documentation regarding gifts or inheritance, employment records, individual and/or business tax returns, documentation regarding sale of or dividends from a business, and documentation regarding securities or real estate transactions.

Form I-526 (conditional permanent residence petition) is filed with the USCIS, if the investor is in the U.S. or through the National Visa Center if the investor is outside of the U.S. and attending an interview at a U.S. Consulate in their home country.

Form I-829 (conditional removal petition), is filed with the USCIS. Please consult with an immigration counsel expert in EB-5.

Amongst other items, there must be documentation to establish:

• transfer or commitment of funds;
• lawful source of funds;
• the location of the investment in a targeted employment area;
• the investment is in a new commercial enterprise;
• the creation of 10 full-time positions or a comprehensive business plan showing the need for the 10 employees and the approximate dates of hire;
• Specific additional documents depending upon investor details and the investment being made.

EB-5 Immigrant Investor Process | USCIS

Please consult with an immigration counsel expert in EB-5.

An investor is free to travel in and out of the United States subject to the rules generally applicable to permanent residents.

Unless a reentry permit has been obtained, an investor must maintain a residence in the United States and must not be outside the United States for a continuous period of one year or more.

The conditional permanent resident status granted is valid for a period of up to two years. The investor and qualifying family members are required to remove the condition by filing the conditional removal petition during the 90 day period preceding the second anniversary from obtaining the conditional permanent resident status ("90 day window").

The petition must demonstrate the establishment of the business, the investment of the requisite amount of capital and the creation of the required number of jobs. If all factors are established the Investor and qualifying family members will be granted permanent residence, without conditions.

The investor, his or her spouse and any unmarried, under 21-year-old children can obtain permanent residence at the same time and through a single investment of the mother or father.

• Ideal for families and Students;
• Easier qualification compared to other Immigration routes;
• Not subject to annual H1-B visa lottery;
• No local company sponsor requirement;
• Job mobility;
• No Particular Background, Education, or Experience required;
• No specialized skills required;
• No travel or age restrictions;
• No language skills requirement;
• No student quota, possible lower tuition costs and access to scholarships;
• In Certain Circumstances Can Concurrently File Adjustment in the U.S;
• No Expiration Date;
• Qualifying children do not lose their residence status when they turn 21.

EB-5 Investor and their qualifying Family members (Spouse and Certain Unmarried Children under the age of 21) Granted Conditional Permanent Residence (Green Card) for 2 years. After 2 years, can apply for Full Green Card.

About 5 years after being Granted Conditional Permanent Residence, an EB-5 Investor and their qualifying Family may be Eligible to apply for U.S. Citizenship.

An Investor and their qualifying Family are able to obtain U.S. Permanent Residence, allowing them to Live, Work and Study anywhere in the United States.

Form I-956 (Regional Center approval) confirms that the Regional Center is authorized by USCIS to sponsor EB-5 projects under the Regional Center Program.

Form I-956F (Project filing) is the USCIS filing for this specific EB-5 project investment offering. USCIS requires the I-956F to be filed before EB-5 investors can file Form I-526E (the investor’s immigration petition), subject to the timing rules below, see "When can an Investor File their Form I-526E?"

Under USCIS instructions reflected in the Offering Memorandum:

• An investor may file the I-526E upon receipt of USCIS notice that the I-956F has been accepted, or
• If that acceptance notice is not received within ten (10) days after the I-956F filing, the investor may still proceed to file the I-526E.

Capital Contribution ($800,000): Your $800,000 is your capital contribution to the Partnership, payable to Fay Villa Roma Phase 1 development LP and these funds will be initially deposited into the Partnership’s Subscription Account.

Funds are not released for the Project use until “Release Conditions” are satisfied, which include (among other items) evidence that:

Once the Release Conditions are met, all or a portion of your capital contribution may be released from the Subscription Account and deployed into the Project even before USCIS approves your I-526E.

Administrative Fee ($80,000): The $80,000 administrative fee is paid to the General Partner and is non-refundable.

Refund rights and timing depend on the reason:

• If your I-526E is denied (after any applicable appeal process):
  You may request return of your $800,000 capital contribution.
  The $80,000 administrative fee is not refundable.

If you withdraw your I-526E before USCIS adjudicates it:

You may request return of your $800,000 capital contribution.
The General Partner has discretion regarding when to return the capital contribution, and any return is generally without interest.
The $80,000 administrative fee is not refundable.

Important practical note: Once capital has been released and deployed into the project, refunds (if any) may depend on available cash, timing, and/or the ability to identify a substitute investor, as described in the offering documents.

• The Regional Center is approved, and the Project’s I-956F has now been filed—this is a key step toward enabling investors to file I-526E.
• Your $800,000 is held in a controlled Subscription Account and is generally released only after required filing milestones (including your I-526E filing) are met.
• The $80,000 administrative fee is non-refundable.
• EB-5 investments are required to remain “at risk” for the applicable sustainment period; therefore, return of capital is not immediate and is not guaranteed on a fixed date.

Important EB-5 Updates for 2026 — Why the Time to Act Is Now
As we enter 2026, Rural EB-5 projects—including the Villa Roma Project—are positioned to offer some of the strongest advantages in today’s EB-5 landscape. With policy cycles approaching and demand rising, this is a strategic window to move forward before pricing, processing, or visa availability shifts.

1) EB-5 Reauthorization Cycle: Investment Amounts May Rise

The EB-5 Regional Center Program is currently authorized through September 30, 2027, but history shows that reauthorization periods often bring changes.

Market expectations and policy trends suggest the $800,000 Rural minimum investment may increase in the future—meaning investors who act sooner may be better positioned to lock in today’s level.

2) Strong USCIS I-526E Approval Environment

Recent USCIS data indicates an approximately 96% I-526E approval rate, reflecting a generally favorable adjudication climate for well-prepared filings.

For investors, this underscores the importance of choosing a project with strong documentation and professional case preparation support.

3) Faster Processing Momentum for Rural Projects

Rural projects have become a priority category, and processing has improved meaningfully.

Current average adjudication timelines are often cited as:

• Rural projects: approximately 8 months (average)
• Urban projects: approximately 11 months (average)

For investors who value speed and momentum, Rural designation can be a major advantage.

4) Timing Matters: A Rare Filing Window

Many investors are currently benefiting from a unique combination of factors, including:

• No visa backlog in many cases (no priority date wait)
• Potential eligibility for concurrent filing (I-526E and I-485), where applicable
• For applicants already in the U.S., the ability in many cases to remain in the U.S. while the case is pending, which can be a significant lifestyle and planning advantage

In practical terms, this is widely viewed as an excellent time to file—before demand increases or rules change.

If your goal is U.S. permanent residency through EB-5, 2026 is a move-now moment— especially for investors seeking the advantages of a Rural EB-5 project.

Villa Roma combines Rural eligibility with a defined development plan and a clear timeline, making it an opportunity worth acting on while the window remains favorable.