Vietnam
Hong Kong
TaiwanA typical timeline
| Stage | Typical timing |
|---|---|
| Investment and I-526E filing | Year 0 |
| Two-year conditional green card | Depends on processing and backlog |
| I-829 (within 90 days before the conditional green card expires) | Around years 3–4 |
| Repayment under the project terms | Generally around I-829; several years in total |
When capital is returned depends on the project and is not guaranteed.
Why can’t it be guaranteed?
USCIS requires the investment to be at risk, so projects cannot guarantee the return of capital or a fixed return. That makes the project’s finances and exit terms the most important considerations.
Five things to check in the exit terms
- Source of repayment: how the project will repay investors, such as a property sale or refinancing.
- Capital structure: is EB-5 capital senior debt, mezzanine debt or equity? Is it secured?
- Other funding: are the bank loan and developer capital in place?
- Regional center track record: were past projects fully repaid, with verifiable records?
- Timeline: are the loan term and expected repayment date realistic?
Common mistakes
- Believing claims of a "guaranteed return of capital" — incompatible with EB-5’s at-risk rule.
- Looking only at a project’s size or brand — large projects don’t guarantee a good repayment record.
- Ignoring the link between I-829 and repayment — repayment should fit your immigration timeline.
Our approach
We only recommend projects that pass our written review criteria, require repayment records and capital-structure details, and give clients a summary of our review.