EB-5 Education Center

As a part of our commitment to transparency and accessibility, Green Card Fund maintains a publicly available learning center that covers a wide range of topics that are relevant to those interested in EB-5. A members-only area is designated for Green Card Fund partners – providing exclusive access to in-depth knowledge and proprietary resources.

EB-5 is a complicated program, and so it’s important to understand its history and stay up to date on the current trends of this ever-evolving industry.

  • EB- Statutes and Regulations
  • Precedent AAO Cases
  • USCIS Guidance Memorandum
  • Procedural Steps
  • Source and Path of Lawfully-Obtained Investment
GET ACCESS

computer-screen-vector

arrow-skinny

Precedent AAO Cases


Matter of Soffici, 22 I&N Dec. 158 (Assoc. Comm'r 1998)

A loan secured by the assets of the commercial enterprise does not qualify as "at risk" the investor's personal guarantee of payment does not change the character of the mortgage, as the assets of the enterprise are still primarily securing the mortgage. View/Download PDF

Matter of Izummi, 22 I&N Dec. 168 (Assoc. Comm'r 1998)

As investor may not enter into a redemption agreement with the commercial enterprise any time prior to completing all of his cash payments under a promissory note, and in no event may the investor enter into a redemption agreement prior to the end of the two-year period of conditional residence; an investor may not make material changes to a petition that has already been filed in an effort to make a deficient petition conformed to EB-5 requirements. View/Download PDF

Matter of Ho, 22 I&N Dec. 201 (Assoc. Comm'r 1998)

Investor must establish through supporting documentary evidence that he has placed his own capital at risk and that he acquired legal ownership of the investment capital through lawful means. View/Download PDF

Matter of Hsiung, 22 I&N Dec. 206 (Assoc. Comm'r 1998)

Promissory note secured by assets owned by a petitioner can constitute a proper capital investment if the assets are specifically identified as securing the note, and the security is perfected to the extent privided for by the jurisdiction in which the assets are located, and the assets are fully emenable to seizure by a U.S. note holder. View/Download PDF

Source and Path of Lawfully-Obtained Investment Funds


Copy of 8 CFR § 204.6 (j)(3)

States that in order for the petitioner to show that he or she is actively investing capital obtained by lawful means, the I-526 petition must be accompanied by one of the following four items:

  1. Foreign business registration records;
  2. Corporate, partnership, or similar business entity, and personal tax returns including income, franchise, or property tax filed within 5 years with any taxing jurisdiction in or outside the U.S.;
  3. Evidence identifying any other source of capital; or
  4. Certified copies of judgments or evidence of all pending governmental civil or criminal actions, governmental administrative proceedings, and any private civil actions involving monetary judgments against the petitioner from any court in or outside the United States within the past 15 years.

Although the four items stated in the regulation are listed in the disjunctive, USCIS will expect to see all documents that apply in any of the four categories.
View/Download PDF

8 CFR § 103.2 (b)(3)

States that all supporting documents that are not in English must be accompanied by a certified English translation. View/Download PDF