eb5 visa process usa Archives - Fay EB5 Invest https://fayeb5invest.com/tag/eb5-visa-process-usa/ Sat, 18 Apr 2026 15:04:37 +0000 en-US hourly 1 https://wordpress.org/?v=6.9.4 EB-5 Visa Requirements in 2026: A Practical Guide for Investors https://fayeb5invest.com/eb5-visa-requirements-2026/ https://fayeb5invest.com/eb5-visa-requirements-2026/#respond Fri, 17 Apr 2026 11:39:08 +0000 https://fayeb5invest.com/?p=5015 The EB-5 Immigrant Investor Program provides eligible foreign investors a lawful pathway to seek U.S. lawful permanent residency (a “green card”), through a qualifying investment. In general, an investor invests the required capital in a qualifying U.S. enterprise, the capital must remain “at risk”, and the investment must result in the creation of required U.S […]

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The EB-5 Immigrant Investor Program provides eligible foreign investors a lawful pathway to seek U.S. lawful permanent residency (a “green card”), through a qualifying investment. In general, an investor invests the required capital in a qualifying U.S. enterprise, the capital must remain “at risk”, and the investment must result in the creation of required U.S jobs. If all program requirements are satisfied and USCIS approves the applicable filings (and a visa is available), the investor’s spouse, and unmarried children under 21 may obtain lawful permanent residence / a green card. That’s the program in plain terms.

In 2026, under current EB-5 rules (which may change), the minimum investment amount is generally $800,000 for projects located in a qualifying Target Employment Area (”TEA, including a Rural TEA) and $1,050,000 for non-TEA projects. The Villa Roma EB-5 project is located in the Catskills and is being offered as a Rural TEA project, so the $800,000 lower investment level applies, (subject to investor eligibility, satisfaction of program requirements, and USCIS adjudication). For investors who want a project that’s already structured around these requirements, that’s a meaningful starting point.

How Regional Center Projects Work

In a regional center EB-5 offering, the project is sponsored by (or affiliated with) a USCIS-designated regional center. Investors invest in the project’s New Commercial Enterprise (“NCE”), but the regional center framework is commonly used because, where properly documented, job creation may include qualifying direct, indirect, and induced jobs supported by an economic impact analysis (rather than relying only on the project’s W-2 hires). Which is an attractive structure to investors.

In this structure, you subscribe and invest into the NCE, and the NCE then deploys EB-5 capital to the Job-Creating Enterprise (“JCE”) that owns and operates the underlying business. For Villa Roma, that’s Fay Hospitality Catskills, LLC, which owns and operates The Villa Roma Resort.

For Villa Roma, the independent economist’s analysis projects approximately 777 total jobs for 64 investors. EB-5 requires each investor to be credited with at least 10 qualifying full-time U.S. jobs so there’s a reasonable buffer built in.

(job-creation results are subject to the project’s execution and USCIS adjudication).

Source of Funds

USCIS reviews the lawful source and path of your funds. Common documentation may include tax returns, bank records, income and employment records, business ownership records, and sale-of-asset documentation. Gifted or borrowed funds may be permissible in certain circumstances, but documentation requirements are case-specific; investors should work with qualified EB-5 immigration counsel.

The Application Process

You review and sign the offering and subscription documents and transfer funds to the NCE, as described in the offering documents. For Villa Roma, funds are held in a dedicated account until applicable release / deployment conditions are met.

Your immigration counsel files Form I-526E with USCIS when eligible to do so. Based on current USCIS procedures described in the Villa Roma offering materials, investors may be eligible to file as early as February 14, 2026, subject to eligibility, subscription acceptance, USCIS requirements, and counsel’s advice. If USCIS approves the required filings (and a visa number is available), the investor and eligible family members may obtain lawful permanent resident status for an initial period (generally two years), with the ability to live and work in the United States subject to applicable rules.

After the applicable period, the investor files Form I-829 to remove conditions, subject to meeting EB-5 requirements and USCIS adjudication. Approval means full permanent residency / green card for you and your family.

What to Know About Your Capital

EB-5 investments are required to be “at risk.” Funds are deployed in accordance with the offering documents and the project’s business plan. Returns, repayment, timing of exit, and immigration outcomes are not guaranteed. Understanding that distinction upfront saves confusion later.

Family Coverage

An investor’s spouse and unmarried children under 21 are generally included as derivative beneficiaries, subject to eligibility and USCIS rules. One investment, one process, one outcome for the whole family. That’s one of the more practical aspects of the program that often gets overlooked in early conversations.

 

EB-5 works best when investors proceed with realistic expectations, strong lawful source-of-funds documentation, and qualified legal advice. Processing timelines, job creation results, and financial outcomes can vary. What you can control is your preparation. The EB-5 visa requirements 2026 may be straightforward on paper; executing them correctly is where preparation matters.

For informational purposes only and not an offer to sell or a solicitation to buy securities. Immigration and investment outcomes are not guaranteed. Consult qualified immigration and securities counsel.

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