EB-5 glossary
EB-5 documents are full of form numbers and jargon. These plain-language definitions will help you read offering documents and your attorney's advice.
- At risk
- EB-5 capital must genuinely face the possibility of loss as well as gain. A project may not guarantee a return or the return of capital.
- Concurrent filing
- An investor in the U.S. filing an I-485 adjustment of status at the same time as the I-526E.
- Conditional permanent residence
- The two-year green card granted after I-526E approval, made permanent through the I-829.
- Cross-chargeability
- Charging the main applicant to a spouse's country of birth, provided both immigrate together.
- CSPA (Child Status Protection Act)
- The law that lets I-526E processing time be subtracted when deciding whether a child is still under 21. The child must seek permanent residence within a year of the visa becoming available. CSPA risk checker
- Dates for Filing
- One of the two Visa Bulletin charts; it sets when an application can be filed. USCIS says each month which chart it accepts.
- Direct investment
- Investing without a regional center, with the investor's own business directly employing 10 full-time workers.
- Final Action Date
- The Visa Bulletin date that decides when a green card can be approved. Since August 15, 2025, it is also used for CSPA.
- Grandfathering
- The protection that keeps regional center petitions filed on or before September 30, 2026 in processing even if the program lapses.
- I-485
- The application to adjust to permanent resident status from inside the U.S.
- I-526E
- The investor petition for regional center investments. Direct investors file the I-526.
- I-829
- The petition to remove conditions, filed in the 90 days before the conditional green card expires, showing the investment was sustained and the jobs created.
- I-956
- The form a regional center files to be designated or to amend its designation.
- I-956F
- The approval application for an individual project. Check a project's I-956F status before investing.
- I-956G
- A regional center's annual statement to USCIS.
- I-956K
- The registration form for overseas promoters and intermediaries.
- EB-5 Integrity Fund
- Fees paid by regional centers and investors to fund oversight and fraud prevention.
- JCE (job-creating entity)
- The business that actually uses the capital and creates the jobs, such as the project developer.
- NCE (new commercial enterprise)
- The entity the investor invests in directly, usually a limited partnership that lends to or invests in the JCE.
- PPM (private placement memorandum)
- The project's offering document, setting out terms, risks and fees.
- Priority date
- The I-526E filing date, compared against the Visa Bulletin to see whether your turn has come.
- Regional center
- An entity designated by USCIS to pool EB-5 capital and count indirect jobs.
- Redeployment
- Reinvesting capital in another qualifying activity when a project repays during the sustainment period, to keep the investor eligible.
- Set-aside visas
- Visas reserved by law for rural (20%), high-unemployment (10%) and infrastructure (2%) projects.
- Source of funds
- The evidence that the investment money was lawfully obtained, with its full transfer path. Source-of-funds checklist
- Sustainment period
- How long the capital must stay invested and at risk; currently at least two years.
- TEA (targeted employment area)
- A rural or high-unemployment area. TEA projects qualify for the lower minimum investment.
- Visa Bulletin
- The State Department's monthly chart of visa availability by category and country of birth. Visa availability checker