EB-5
How my family explored EB-5.
EB-5 was evaluated as a timing instrument, not a shortcut. The deciding factor was a dependent child approaching 21, not the investment itself.
Family of three, one child two years from aging out
Regional center investment, concurrent filing with work authorization
9 months from decision to filed I-526E
The situation
An employment-based case was years from current, and the eldest child would age out before a green card became available. That converted the question from 'is EB-5 worth it' into 'what does aging out cost this family'.
What was compared
- Direct investment with ten employees created and managed personally
- Regional center investment in a set-aside category with shorter queues
- Staying in the employment-based queue and accepting the age-out risk
The diligence that mattered
The project's job-creation methodology and capital stack were reviewed by an independent adviser, not only by the regional center's own materials.
- Escrow terms and the exact conditions for release
- Job creation model and the buffer above the minimum requirement
- Position of the EB-5 capital relative to senior debt
- Source-of-funds documentation chain for every transfer
Concurrent filing changed the experience
Filing the adjustment package concurrently produced work and travel authorization for the whole family while the petition remained pending, which removed the dependency on the sponsoring employer.
The honest downside
The capital is at risk, and it must remain at risk to satisfy the program. Anyone who needs that money back on a fixed schedule should not use this route.
What this teaches
- ·Age-out risk for dependents is often the real driver of an EB-5 decision
- ·Get the job-creation model reviewed by someone who is not selling the project
- ·Concurrent filing can decouple the family from employer sponsorship
Case studies are educational summaries of real pathway decisions, shared with details changed for privacy. Nothing here is legal advice - confirm your own facts with a licensed immigration attorney.
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