Investor-Owned EB-5
Invest $800,000 in an American Oil Company.
This investment qualifies for a green card petition.
EB5 Energy Fund I is 100% owned by its EB-5 investors. The fund invests as an owner, holding the controlling interest in an oil company drilling in rural Oklahoma — not as a lender making an unsecured loan to an unrelated project.
of oil production on this acreage. Eleven wells were drilled here between 1963 and 1989, and five are still producing.
Dates that change the cost of investing
November 30, 2026 — USCIS filing fees increase
For EB-5 filings postmarked on or after November 30, the I-526E filing fee and the EB-5 Integrity Fund fee together rise from $4,675 to $8,950.
December 31, 2026 — last day at $800,000
The $800,000 rural minimum applies to petitions filed on or before December 31, 2026. The amount is scheduled to adjust on January 1, 2027 under the 2022 Reform and Integrity Act. USCIS has not published the adjusted amount; our estimate, based on CPI-U since 2022, is approximately $900,000.
- USCIS I-956F Project Approval on File
- Investor Petitions Approved
- Rural Priority Processing
- Repayment From Production Revenue
Capital is at risk, and the investment must remain invested for the USCIS minimum two-year sustainment period. Repayment timing and distributions are targets and estimates, not guarantees. Immigration outcomes are determined by USCIS.
The investment
An American Oil Company. The Fund Invests as an Owner, Not a Lender.
Every EB-5 investor makes an equity investment in a fund. What separates one offering from another is what the fund does with that money.
In most EB-5 offerings the fund lends it: an unsecured loan to an unrelated project, owned by a developer and repaid when the developer refinances or sells. EB5 Energy Fund I invests as an owner. It is 100% owned by its EB-5 investors and holds the controlling interest in the company that holds the working interests in the wells.
Investors are the equity holders of the fund. Management runs the business on their behalf.
Investors do not own the wells directly and hold no lien on them. Their interest in the project is indirect, through their ownership of the fund.
| Typical EB-5 Loan | EB5 Energy |
|---|---|
| Typical EB-5 loan:The fund lends to a developer | EB5 Energy:The fund invests as the controlling owner of the operating company |
| Typical EB-5 loan:The developer owns the project | EB5 Energy:Investors hold an indirect interest in the project through the fund |
| Typical EB-5 loan:Investor return is generally limited to interest | EB5 Energy:Investors share in the economics of the business |
| Typical EB-5 loan:Repayment often depends on a refinance or sale | EB5 Energy:Repayment is targeted from production revenue |
| Typical EB-5 loan:Economics generally end at repayment | EB5 Energy:Participation in profits continues after capital is returned |
Drilling a Formation That Already Produces
The company is drilling an eight-well program in the Mississippi Lime in Major County, Oklahoma, with mineral rights secured. The development plan filed with USCIS covers up to 72 well locations.
This is productive acreage. Eleven vertical wells were drilled on it between 1963 and 1989, six of them into the Mississippi Lime, and five are still producing. The company’s current revenue comes from those wells.
The program projects a peak of 300 barrels a day per new well. Ten modern horizontal wells three to seven miles away, in the same formation, peaked at an average of 483 barrels a day — figures that can be checked in Oklahoma state production records.
The wells are drilled and operated by a team led by Mark Wagner, CEO, with more than 40 years operating oil and gas projects; Michael Shourd, VP of Geology, with 47 years; and Eric Marshall, VP of Operations, with 22 years.
Production figures for the new wells are projections. Wells can underperform, drilling can be delayed, and the price of oil moves in both directions.
The immigration objective
This Investment Qualifies for a Green Card Petition.
For an EB-5 investor the immigration objective comes first, and EB5 Energy was structured from the start as a rural EB-5 project.
USCIS reviewed the project’s business plan, economic study and EB-5 structure before issuing its I-956F approval. It has since approved I-526E petitions filed by EB5 Energy investors — decisions on individual investors, not on the project alone.
Investor petitions approved
USCIS has approved I-526E petitions filed by investors in this project. Those are decisions on petitions already filed, not projections of how the project might be adjudicated later.
Each petition is decided on its own facts, including the investor’s source of funds. An approval for one investor is not an assurance for another.
USCIS I-956F project approval on file
Issued after USCIS reviewed the project’s business plan, economic study and EB-5 structure.
Rural priority processing
Because the project is in a qualifying rural area, investors’ I-526E petitions are eligible for the priority processing provided to rural EB-5 investments.
An immigration attorney on rural priority 1:34above what 150 investors require
The economic study projects 2,232 qualifying jobs across the full program, against the 1,500 that 150 investors require, at $72 a barrel — the oil price filed with USCIS.
20% rural visa set-aside
Twenty percent of annual EB-5 visas are reserved for qualifying rural investments.
The Investor’s Part, the Project’s Part
An EB-5 investor has individual requirements: documenting the lawful source and path of the investment funds, which in our experience takes two to four weeks, and satisfying admissibility. The project’s part is meeting the EB-5 project requirements and creating the qualifying jobs attributed to investors.
EB5 Energy provides a national-interest expedite request that the investor’s immigration lawyer can file with the I-526E. Expedite requests are decided by USCIS case by case.
If a petition is denied, an investor who elects to exit takes priority on the fund’s monthly production cash flow after expenses, so repayment can begin from that point. The terms are set out in a side letter and discussed on a call.
I-956F project approval is approval of the project. It does not determine any individual investor’s petition.
The economics
Investor Capital Is Repaid Before Profits Are Split.
The order of distributions is set in the fund’s governing agreement, not left to management’s discretion.
Repaid From Production Revenue
In a construction-backed EB-5 loan, repayment usually waits on a sequence. The building has to be completed, leased and brought to stable income, and then the developer has to refinance or sell it on terms good enough to repay the EB-5 loan. The last two steps depend on lending and property markets years from now.
Here, repayment comes from production revenue. Until EB-5 investors have recouped their capital, 100% of the fund’s profits go to them. Repayment of each class is targeted over a minimum of three years, and earlier classes are repaid before later ones.
Investors join classes in the order their I-526E petitions are filed. Class position sets repayment order; it is not a guarantee of petition approval, a return or a repayment date.
That is a shorter chain, not an absent one. Capital is at risk, and the investment must remain invested for the USCIS minimum two-year sustainment period.
One Entitlement, Paid in Two Phases
While investor capital is outstanding, EB-5 investors receive an annual dividend distribution, currently estimated at about 2% a year on the amount invested, subject to available cash flow, and 100% of the fund’s profits until their capital has been recouped. No profits are distributed to the managing partner or the operators in this phase.
Once all EB-5 investor capital has been repaid, EB-5 investors receive 35% of all distributed profits. The fund may then sell the company’s assets and distribute the proceeds, or hold them and distribute net cash flow; EB-5 investors receive 35% either way.
Until EB-5 capital is recouped
After all EB-5 investors are repaid
Shares of the fund’s distributed profits. In each phase the figures total 100%; no other party shares in profits. These are shares, not a projection of amount or timing.
Investing without a green card petition
Working Interests in Specific Wells
Investors who do not need a green card petition can invest directly in specific wells in the same drilling program through a working interest, documented in a joint operating agreement.
- 80%
- of the well’s profits until the investor has recouped the capital invested
- 70%
- of the well’s profits after that
- Monthly
- profit distributions
A working interest does not qualify for a green card petition. Profits depend on the production of the specific wells and the price of oil, and are not guaranteed.
The short version
Invest $800,000 in an American oil company. This investment qualifies for a green card petition.
EB5 Energy Fund I is 100% owned by its EB-5 investors and invests as an owner in an oil company drilling in rural Oklahoma, on acreage with more than 60 years of production. The project has USCIS I-956F project approval on file, and USCIS has approved I-526E petitions filed by its investors.
While capital is outstanding, EB-5 investors receive an annual dividend distribution, currently estimated at about 2% a year, subject to available cash flow, and 100% of the fund’s profits until their capital has been recouped. After all EB-5 investor capital is repaid, EB-5 investors receive 35% of all distributed profits.
The $800,000 minimum applies to petitions filed on or before December 31, 2026.
Offering documents: info@eb5energy.com
Where to go from here
For educational purposes only. This is not an offer to sell or a solicitation of an offer to buy any security. EB-5 investments involve risk, including possible loss of principal, and participation does not guarantee a visa or permanent residency. Offers are made only through official offering documents to qualified investors. Investors living in the US must be accredited investors.
I-956F project approval is approval of the project. It does not determine any individual investor’s petition. Immigration timelines are estimates based on the case experience of independent counsel, not published USCIS data, and are subject to change. Return of capital is a target, not a commitment, and distributions are subject to available cash flow and the terms of the fund’s governing agreement. Capital is at risk, and the investment must remain invested for the USCIS minimum two-year sustainment period. The 2027 investment amount is an estimate; USCIS has not published the adjusted amount.