18 questions to ask any EB-5 adviser or project before you sign
A checklist of questions on adviser independence, track record, capital stack, job methodology, escrow, exit terms, counsel and source-of-funds review.
An EB-5 decision involves a large sum, a multi-year commitment and a family's immigration future. The questions below are designed to be put to any adviser, agent or project sponsor, including those you already trust. They do not assume a particular answer. A good answer is specific, documented and consistent across sources; a vague or defensive one tells you something too. Amounts below are as of October 2026: $800,000 for a targeted employment area (TEA) project and $1,050,000 for a standard project, with an inflation adjustment due on January 1, 2027.
The checklist
| # | Area | Question to ask | What a useful answer looks like |
|---|---|---|---|
| 1 | Independence | Who pays you, how much, and when? | A clear written answer naming every payer and the basis of payment |
| 2 | Independence | Does your payment depend on whether I invest, or on which project I choose? | A direct answer, with any conflict acknowledged |
| 3 | Independence | Do you have any ownership or other financial tie to the project or its sponsor? | Disclosure in writing |
| 4 | Track record | How many I-526E petitions did the project and sponsor file, and how many were approved? | Numbers with dates and supporting documents |
| 5 | Track record | How many I-829 petitions have been filed and decided? | Specific counts, and what happened to any denied |
| 6 | Capital stack | What is the full sources and uses of funds, and where does EB-5 sit among them? | A written breakdown of senior debt, equity and EB-5 |
| 7 | Capital stack | What is the position of EB-5 capital if the project is sold or fails? | Clear ranking relative to other lenders |
| 8 | Jobs | How are the 10 jobs per investor calculated, and by whom? | Named methodology and economist, with a buffer over the minimum |
| 9 | Jobs | What happens to my petition if projected jobs fall short? | An honest account of the risk |
| 10 | Escrow | Are funds held in escrow until my I-526E is approved? | Terms of release stated in the documents |
| 11 | Escrow | What are the refund terms if the petition is denied or withdrawn, and how long does a refund take? | Written terms, including costs deducted |
| 12 | Exit | What is the stated term, who may extend it, and how is repayment funded? | Maturity, extension rights and source of repayment |
| 13 | Exit | What is the investor's ranking in repayment, and is any repayment promised? | No guarantee implied; ranking explained |
| 14 | Counsel | Who is the project's counsel, and may I engage my own independent lawyer? | Yes, with no obstacle |
| 15 | Source of funds | How will my source of funds be reviewed, and by whom? | A defined process with document lists |
| 16 | Source of funds | What happens if my documents are incomplete or a gift or loan is involved? | Realistic discussion before payment |
| 17 | Funds | Who holds my money at each stage, and in which jurisdiction? | Named institution and account structure |
| 18 | Costs | What fees, administrative charges and reserves apply on top of the investment? | A full schedule, in writing |
How to use the list
Ask for the answers in writing and compare them across advisers. Check numbers against official sources where possible, for example the published USCIS data on filings and approvals. Where an answer depends on legal interpretation, such as whether a feature affects the at-risk requirement, confirm with independent counsel rather than relying on the person selling the product.
Where to read further
Several items link to topics covered elsewhere on this site. On the project itself, see the project criteria and the due diligence guide. On documents for your own funds, see source-of-funds documents and gifts and family loans. On what happens to your capital later, see how capital is returned.
Next step
If you would like to work through these questions with your own situation in mind, you can use our consultation page. Whoever you speak with, ask the same questions and keep the answers.
Frequently asked questions
Should I ask every adviser how they are paid?
Yes. It is a reasonable question for any adviser, agent or promoter. Ask for the answer in writing and ask who pays, when, and whether it depends on you investing.
What track record should I ask about?
Ask for the number of I-526E petitions filed and approved, I-829 petitions filed and approved, and the dates. Ask for documentary support and treat unsupported claims with caution.
Should the project's lawyer also advise me?
The project's counsel acts for the project. Consider engaging your own independent immigration and securities counsel to review the documents on your behalf.
Sources
General information only, not legal, tax or investment advice. Rules and figures are as of the publication or update date and may have changed.