Your guide through the EB-5 Process
To obtain the EB-5 Visa an immigrant investor must raise and invest either $800,000 or $1,050,000 USD for a two-year period with a Job Creating Entity that creates at least 10 American jobs.
Since 2022, under the RIA, USCIS increased the investment requirement from $500,000 to $1,050,000, however, they also created the reserved categories where the required investment is $800,000. These project categories are Rural (20% allocation), High Unemployment Area (10% allocation), and infrastructure (2% allocation). Most investors go for either Rural Projects where the project is located in an area with a population less than 20,000 or High Unemployment Area Projects where the project is located in an area where unemployment is 150% of the national average.
Investors can choose to invest as an individual and file an I526 or invest with a regional center and file an I526e. It's important for each investor to do their own due diligence on projects. Regional Centers partner with developers to create projects and then gather investors. They pool the investor funds in a New Commercial Enterprise and then transfer them to the Job Creating Entity. The JCE uses those funds often in construction projects to create the 10 jobs required by USCIS. Ideally if the project is successful then the developer pays off the loan consisting of the investors' funds back to the Regional Center, which then pays back each investor. Many projects pay a return on investment once funds reach the JCE.
Generally the timeline and process for investors is different depending on if they are already within the US or if they are outside of the US.
For investors within the US the process can look like this:
*Concurrent filing is only available when the Visa Bulletin Category is Current
For Investors Outside of the US it can look like this:
Typically, the biggest risk in the USCIS portion of the process comes down to the investor's Source of Funds. That is why it's important to work with an attorney familiar with the EB-5 Process. Keep in mind that when you gather funds that USCIS will need to be able to verify that they come from a legal source that can be properly traced.
We are EB-5 experts familiar with all aspects of the EB-5 process.
Contact us for a free consultation to discuss your options.