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20 Aug 2025

I became a conditional permanent resident through the EB5 program. Does time spent as a conditional resident count toward the 5-year requirement to apply for U.S. citizenship?

Answer Yes, time spent as a conditional permanent resident counts toward fulfillment of the requirements to apply for U.S. citizenship. (20.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright ©...

12:23 / Citizen / EB5 Investor / FAQs / Investor / Resident
29 May 2024

I am Indian born and my EB2 case has a 2017 priority date. My daughter will turn 21 later this year, so I know she will age out before my case becomes current. If I make an EB5 investment, can I use that to get a green card for the entire family, or will she still age out? I see EB5 India is backlogged on the visa bulletin in one place, but not in other places, so I am not clear whether I have missed my chance to file.

Answer The EB5 category is a bit confusing on the visa bulletin because it is divided into four separate subcategories. There is EB5 Unreserved, and then three different Set Asides – rural, high unemployment, and infrastructure.If you invest in any of the Set Asides, the category...

13:13 / EB5 Investor / FAQs / For Families / For Individuals / Investor / Resident
12 Oct 2023

My friend and I are both in H1B status and are thinking of investing in a hotel together. We then want to use that investment to apply for green cards through the EB5 category. Is that possible?

Answer If two or more EB5 investors wish to invest in the same project, the investment must be made through a regional center. (12.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

06:04 / EB5 Investor / FAQs / For Individuals / Investor / Resident
14 Sep 2023

At the end of 2021, I filed an EB5 case based on an investment of $500,000 in a regional center located in a rural area. My I-526 is still pending. Can I now make an additional $400,000 investment so that I fall under the new EB5 rural category? And would this allow me to then file my I-485, since that EB5 category is current?

Answer No. What you are proposing generally would not work. If you wish to fall under one of the new EB5 sub-categories (e.g., EB5 set aside; rural), you would need to make a new $900,000 investment and then file an I-526 petition (or I-526E petition, if...

06:46 / EB5 Investor / FAQs / For Individuals / Investor / Resident
04 May 2023

To do an EB5 investment, do I have to get money from outside the U.S., or am I allowed to use money I earned while in this country?

Answer Using money lawfully earned in the U.S. is perfectly fine for an EB5 investment. (03.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2023, MURTHY LAW FIRM. All...

09:05 / EB5 Investor / FAQs / For Individuals / Investor
27 Apr 2023

Prior to passage of the new EB5 law, I filed an I-526 petition based on my investment in a regional center that is located in a rural area. In the monthly visa bulletin, which EB5 category applies to my case?

Answer Based on the EB5 Reform and Integrity Act of 2022, which was signed into law in March 2022, the EB5 program in the visa bulletin is now separated into four categories: (1) Unreserved, (2) Rural Set Aside, (3) High Unemployment Set Aside, and (4) Infrastructure...

08:13 / EB5 Investor / FAQs / For Individuals / Investor / Resident
05 May 2022

I am interested in applying for a green card through the EB5 program based on an investment in my own business. How do I determine if a location qualifies as a targeted employment area (TEA) based on its being an area of high unemployment?

Answer Trying to determine whether a particular location qualifies as a high unemployment area can be challenging. The requirement is that the business must be located in a census tract, or contiguous census tracts, experiencing unemployment of at least 150 percent of the national average. Sometimes,...

09:25 / EB5 Investor / FAQs / For Individuals / Investor / Resident