EB-5 Frequently Asked Questions (FAQ)

FirstPathway Partners

General Questions

USCIS is a government agency responsible for the administration of immigration and naturalization functions and establishing immigration services and policies.

The EB5 program, administered by the USCIS, allots 10,000 visas per year for aliens (and their families) whose investment creates or preserves at least ten full-time jobs for U.S. workers. Three thousand of these visas are set-aside for aliens who invest through Regional Centers.

No, you do not need any prior business experience. And you are not required to demonstrate any minimum level of education. The only requirement is that you have the investment capital, and proof that the funds are legal.

Not at all. There are no requirements for language with the program. Please contact our office for assistance with translation.

The EB5 program gives you Permanent Resident status. The E-1/E-2 Treaty Investor or Treaty Trader programs offer non-immigrant status only. When your investment ends, so does your non-immigrant status. The L-1 program is a non-immigrant classification, but allows you to apply for classification as a Multi-national Executive or Manager (which is becoming more difficult due to a tighter review process) and eventually, Permanent Resident status.

FirstPathway Partners assists you throughout the petition process, providing expert advice from application to citizenship. We use our experience working with the United States and foreign governments to guide your petition through the various approval steps.


Simply contact one of our representatives.

We will answer all of your questions and provide everything you need to begin.

Rejection in the past does not disqualify you unless the reasons are related to immigration fraud or some other significant issue. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to the FPP and legal counsel in advance of your petition. This will help us guide you through the best approach to improve your chances for acceptance in the EB5 program.

We recommend you seek legal counsel. The documentation needed for the petition is extensive and your attorney can assist in documentation, advise you on your consulate interview, and aid in your visa processing. Please contact a FirstPathway Partners representative to learn more about complimentary legal services available with your EB5 package.

FirstPathway Partners walks you through the entire process making sure all the documents required by USCIS are included. You will find an initial list of required documents in your application package. All your documents must be submitted to USCIS in English.

  • USCIS forms
  • Business plans
  • Financial information, including your source of capital documentation
  • Personal documents

Petition Process

The purpose of the consulate application is to ensure that you and your family undergo medical, police, security, and immigration history checks before the conditional permanent resident visas are issued. At the interview, the consulate officer may address these issues and information printed on the I-526 petition, including asking you to summarize the nature of your immigrant investment.

Family members can interview in different countries. The country of origin or where the family has current ties is the standard interview site. But often one member of the family is located in another country, such as a student attending school in the U.S. The student does not have to return to the country of origin, if under a valid status. FirstPathway Partners attorney can help your family member adjust status while in the United States at a district office of the USCIS.

The conditional green card has an expiration date of two years from the date issued. You can submit your I-829 petition as early as three months prior to the expiration date. FirstPathway Partners provides you with all supporting evidence regarding the limited partnership and its capital investments. FirstPathway Partners documents all jobs created.

Upon receipt of a properly filed Form I–829, your conditional permanent resident status is extended automatically, if necessary, until such time as the director has adjudicated the petition. Be sure to carry your USCIS I-829 receipt notice and your conditional green card at all times.

Temporary & Permanent Green Cards

Under the regulations, if you are approved for the EB-5 immigrant visa, you receive a “conditional” green card valid for two years only. A “permanent” green card can be renewed every 10 years. Otherwise, both cards offer the same rights and privileges.

You as the investor, your spouse, and any unmarried children under the age of 21 receive a green card. Adopted children may also be included in the family.

After you receive the visa at the United States overseas consulate office, you must enter the U.S. within 180 days.

Once in the United States, you need to establish residency. Here’s how to prove residence:

  • Open a bank account
  • Get a driver's license
  • Obtain a social security number
  • Pay state and federal income taxes
  • Rent or buy a home

You may work overseas if the nature of your business or profession requires it. But if you live outside the United States, we suggest you and your family re-enter the U.S. every six months. The longer you and your family are in the United States, the less likely the government is to claim that you have abandoned the United States as your permanent residence. This could endanger your green card status.

In special cases, you may qualify for a reentry permit. This allows you to remain outside the U.S. for as long as two years without having to reenter the country to maintain your permanent resident status.

There are three ways to become a United States citizen:

  1. Being born in the United States
  2. Being born to a United States citizen
  3. Naturalization process

To become a naturalized citizen, you must first become a Lawful Permanent Resident (LPR). After five years as a LPR, you can qualify citizenship. But you must also be physically present in the United States for 30 months during the five years prior to your application. Once becoming a citizen, you are entitled to vote and to hold most public offices.

Investment Questions

There is risk in any investment, and specific risks for each limited partnership. These risks are clearly stated in the Private Place Memorandum (PPM).

In our offering materials, we provide a copy of our escrow agreement and wire transfer instructions to the escrow bank account. You receive a copy of the remittance confirmation as part of your I-526 petition.


FirstPathway uses USCIS approved methods to show that each investor has created 10 jobs in the project.