r/EB5_Immigration

Using Spouse/Partner’s Self-Directed IRA (SDIRA/SIDRA) for EB-5 Investment — Anyone Successfully Done This?

Looking for insight from anyone who has successfully used a Self-Directed IRA (SDIRA/SIDRA) as part of an EB-5 investment structure.
I will be the primary EB-5 applicant, but my partner and I are exploring whether we can use funds from my partner’s IRA through a self-directed IRA structure to fund part of the project investment.
The challenge is that we’re getting vague answers:
Our attorney says it’s possible but hasn’t clearly explained the structure/process
The Regional Center keeps directing us back to the attorney
We’re trying to understand what is actually feasible in practice vs. theoretically possible
Specifically trying to understand:
Can the EB-5 investment be funded through a spouse/partner’s SDIRA if they are not the primary applicant?
What ownership/entity structure is typically used?
Are there common USCIS source-of-funds or “at risk” issues with SDIRA-funded EB-5 investments?
Did anyone run into prohibited transaction or custodian issues?
Any attorneys, custodians, or RCs that were particularly knowledgeable on this structure?
Would really appreciate hearing from anyone who has gone through this successfully (or unsuccessfully). Trying to avoid expensive trial-and-error with professionals who don’t fully understand the SDIRA angle.

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u/happinesspursuit2006 — 2 days ago

Rural I-526E taking long time

Nation: India
PD: April 2024 with Rural Project approved
Processing Center: CA

Is anyone else who filed in 2024 still waiting on I-526E approval for a rural project? Feels like I’m one of the unlucky ones since people in my project received approvals for both the project and AOS.

Any suggestions on how to move the processing since rural shouldn’t take 24+ months? I emailed my Congress representatives and both said I’m in “normal processing times”. Is WoM even viable at this point?

Thank you!

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u/ComprehensiveCraft57 — 5 days ago

Found my project

I think I found my project. I am going to visit them. more updates to come but below are details

  1. RC is a non profit owned by city government or quasi government entity like the chamber of commerce so their fees are less than $5k
  2. Promoters are long term as in 25+ years In hospitality business
  3. Project is building a high brand hotel but what I liked about it is the scope is limited. build one hotel I think under 100 rooms, operate, provide money back in 5 years with I was surprised above average interest. From what I can see they are only going with 8 investors.
  4. The promoters have their hotels like 5 or 6 of them and they have alternate financing in place. All in rural areas and this one also is in TEA.

This is my due diligence. I want to invest in project not in RC.

i am going to visit the promoters and the site next week. Let me know if anyone of you want to visit with me or I have also asked them to have a zoom call.

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u/Specialist-Bobcat-76 — 3 days ago

Just got told that H1B is not possible due to my AP

So early last year I got my AP and EAD from my EB5 application. I was on my F1 and ended up traveling and reentered on my AP, my SEVIS record was subsequently terminated. I was hoping to still try for the H1B as my I526E goes along to have a decent backup in case something goes wrong.

Just got selected for the H1B this year and when sending over my docs to my company lawyer I was told that they could not move ahead with my application as it would come under Consular Processing and not COS since I do not have a valid underlying non immigrant visa, thus 100k fee would apply. Really frustrated and scared about not having a viable backup and really kicking myself for traveling last year even though I had no way of knowing the 100k thing.

Is there really nothing I can do?

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u/Glug_Thug — 4 days ago

Got I-526E RFE + dream job offer at the same time… too scared to give up H-1B

Would really appreciate any advice or similar experiences here.

I got an I-526E RFE in April 2026 and am currently preparing the response (planning to submit in June). I also got an offer from my dream company, and they want me to start in early July. 

During interviews, I told HR I wouldn’t need sponsorship because at the time I genuinely thought I’d just use my combo card / EAD based on pending AOS. I’ve always felt pretty confident about my case overall. But lately I’ve started seeing denied I-526E cases online, and now I’m kinda panicking. 

At this point, I’m leaning toward keeping my H-1B until the I-526E gets approved, but the timing is super uncertain and could easily be July or even later.

I’m now considering asking the new employer if they’d be willing to do an H-1B transfer, and I’d really appreciate any advice on how to approach that conversation with HR. 

My thinking is that for a large company, an H-1B transfer may actually be a more standardized / lower-risk option from an I-9 + compliance perspective vs onboarding through a pending-GC EAD. Also I already have H-1B with 5+ years left & I do NOT need GC sponsorship from them. So theoretically this shouldn’t be a huge burden or cost for a large employer.

BUT I’m worried HR / HM / legal may get nervous since I originally said I didn’t need sponsorship. Worst case, maybe it impacts the offer or they rescind it altogether.

And if they refuse the H-1B transfer, I may have to ask to delay my start date for a few weeks or up to 2 months until the I-526E gets approved… which could also get awkward or potentially burn bridges.

I’m honestly super torn. I really don’t want to lose this opportunity, but I’m also nervous about immigration/status risk in the current environment.

Has anyone been through something similar? Would especially appreciate thoughts from ppl in HR / legal / immigration. Much appreciated!

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u/XX645344 — 4 days ago

What projects are you considering?

Started exploring Rural EB-5 projects, but I’m getting lost in all the paperwork and offering docs. What projects are you looking into or investing in? Trying to narrow down a few to skim through.

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u/Emotional-Cucumber47 — 4 days ago

why do RCs/NCEs keep asking me who my attorney is ?

Every RC / NCE asks me who my attorney is ? Why is this important even before I am close to subscribing ? Is there some industry secret that I am missing as an investor ?

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u/nahodu — 5 days ago

Alert: EB-5 Grandfathering Deadline

Most of you are already aware of the upcoming Grandfathering deadline approaching at the end of September. I'm making this post to raise awareness for some of the unexpected factors that you may not be aware of:

-The time crunch for lawyers:

It takes time to review funds for EB-5 validation (especially now with USCIS being as strict
as it’s ever been), it also takes time to prepare the EB-5 filings. With the looming deadline attorneys will be backlogged and more labor will be disbursed to international teams and paralegals (if it’s not being done already). Prices may also increase due to demand and the rushed nature of filings.

-Project availability:

The pool of available (good) projects is unlikely to significantly expand to keep up with the upcoming demand as we approach the deadline. Therefore, as open spots on competitive projects become limited administrative fees are likely to be increased.

-Hidden backlogs:

While all reserved categories are current, India and China are experiencing a long line of pending investors who have already filed. The longer you wait, the further back you are placed in the queue. One who files today could be looking a much shorter processing time than one who files in September.  

-Unexpected delays:

It’s common for potential investors to believe they already have all their ducks in a row prior to engaging with a professional only to get stuck with time consuming fund issues or unexpected medical delays. While these delays have been trivial in the past, they can disastrous as we get closer to the deadline.

 

This is my opinion, not legal advice. I don’t like to rush investors, but you deserve to be informed.

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u/KyoMeetch — 6 days ago

EB5 hudson yard help

just received 2025 K-1 today, and they reported a huge loss (about 250k, half of the value), any advice what should I do now?

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u/ZZKOZz — 7 days ago

New to EB-5 RC

Hey everyone! 👋

New here and just starting to explore the EB-5 Regional Center process. Still in the early stages — researching attorneys, RC projects, and trying to understand the full roadmap before committing to anything.

Would love to hear from anyone who is currently in the middle of the RC process or has completed the journey:

• How did you find and vet your immigration attorney? Any red flags to watch out for?
• How did you evaluate and choose your RC project? What due diligence did you do?
• What do you wish you had known at the start?
• Any resources, forums, or people that really helped you along the way?

Open to any advice or recommendations — even the stuff nobody talks about. Thanks in advance

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u/Ok_Pen_7929 — 5 days ago

Planning to apply for an EB-5 non-rural regional center project and considering concurrent filing of I-526E, I-485, I-765, and I-131.

For those who recently filed non-rural EB-5 AOS cases, what timelines are you seeing for EAD, AP, I-526E, and I-485/conditional GC?

Also concerned about the new 18-month C09 EAD validity and possible renewal gap risk. Would appreciate recent 2025/2026 experiences.

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u/Slow_Interaction_185 — 7 days ago

EB-5 AOS C09 EAD Gap Risk for 2026 Filers — How Are People Planning Renewals?

Hi everyone,

My concern is about a possible EAD renewal gap after recent changes on EAD timeline + auto extension.

Example timeline (consider concurrent filing with PD Feb 2026) I’m worried about:

  • Feb 2026: File EB-5 AOS package
  • Mid/Late 2026: Receive first C09 EAD
  • EAD may only be valid for about 18 months
  • Renewal can usually be filed about 6 months before it expires
  • If renewal processing takes 6–9+ months, there could be a gap where work authorization expires before the new EAD arrives
  • I also understand that automatic EAD extensions for many renewal categories may no longer apply after Oct. 30, 2025

For EB-5 AOS filers in 2026, especially non-rural projects, how are you planning to avoid an EAD gap?

Questions:

  1. Are attorneys recommending filing EAD renewal exactly 180 days before expiry?
  2. Are people maintaining H-1B/L-1/H-4 EAD as backup?
  3. Has anyone already faced or avoided a C09 EAD renewal gap?
  4. Are EB-5 C09 renewals moving faster than initial EADs?
  5. Is there any practical strategy besides filing as early as possible?

Not looking for legal advice — just trying to understand real-world planning from EB-5 AOS filers and recent 2026 timeline expectations.

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u/Short_Seaweed1878 — 5 days ago

Sustainment period ?

Regarding the sustainment period , does  it start when the nce sends the first dollar of the total investment /800k  to the jce or last dollar ? Or something else altogether ?

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u/DryCrazy4566 — 5 days ago

LIGHTSTONE DTLA MOXY HOTEL FUND 8 and FUND 28

Is there anyone who is an active investor in LIGHTSTONE DTLA MOXY HOTEL FUND 8 and FUND 28?

I attended the webinar, seems like no repayment until near future/ until the project becomes profitable.

Lets please connect!

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u/arpitsingla7 — 6 days ago

Good morning all, long term e2 visa holder looking for a GC route. We are looking at the pro's and con's of investing in an EB5 project from an established company (I've seen a bunch of online listings for projects that are all TEA and I-956F approved) vs. starting our own project in a TEA area. My current E2 is based around supplying restaurant furniture so we've had a goal of one day getting into a restaurant or bakery and our thought was to do it using the EB5 in a TEA area in a project that we can keep running and managing ourselves into the future.

Also if anyone has any good recommendation in SE Florida for an EB5 specific attorney that would be helpful too.

Thanks,

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u/pblashki — 9 days ago