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USCIS Cancels Appeal Against Modernization Rule Court Ruling

USCIS Cancels Appeal Against Modernization Rule Court Ruling

Since June 2021, EB-5 regulations and procedures have undergone several changes, many of which have been unexpected. Still, project developers and investors have benefitted from the June 22, 2021 repeal of the EB-5 Modernization Rule. This court ruling found that the Modernization Rule had been implemented improperly in November 2019. As a result, EB-5 investment regulations reverted to their pre-November 2019 status.

However, United States Citizenship and Immigration Services (USCIS) filed an appeal against the court’s decision on August 23, 2021. If successful, this appeal would have brought back Modernization Rule guidelines and had a significant impact on the EB-5 industry; for instance, individual states would no longer be authorized to designate targeted employment areas (TEAs). More importantly, the minimum EB-5 investment thresholds of $500,000 for TEA projects and $1,000,000 for non-TEA projects would have been raised to $900,000 and $1,800,000, respectively. In the past few months, foreign nationals from a variety of countries have been able to invest in U.S. businesses and begin the EB-5 visa application process thanks to these reduced investment thresholds.

To the relief of many EB-5 professionals, USCIS withdrew its appeal against the Modernization Rule court ruling on January 5, 2022. It seems that the lower investment amounts and other pre-November 2019 regulations will remain in place for the time being. Both foreign nationals interested in the EB-5 investment visa and U.S. business owners in need of investment capital will benefit from the more accessible investment threshold of $500,000.

Could the Modernization Rule be Reimplemented?

Despite the withdrawal of USCIS’s appeal, the EB-5 industry still faces the possibility of going back to Modernization Rule guidelines. USCIS or the Department of Homeland Security (DHS) could take legislative action to raise the EB-5 investment thresholds once more. In fact, an appropriations bill due in February 2022 might be an ideal vehicle to pass legislation reforming the EB-5 program. Of course, it is unclear if or when USCIS or the DHS will take such action.

In the meantime, foreign nationals who wish to make an EB5 investment at only $500,000 should act quickly to find a suitable project. Due to the legislative lapse of the EB-5 Regional Center Program, all EB-5 investments must be direct for the time being. The direct investment model offers several enticing benefits for investors and project developers.

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An Overview of the EB-5 Program and the Conversations Surrounding It

An Overview of the EB-5 Program and the Conversations Surrounding It

The EB-5 program, as it’s typically known, is officially the EB-5 Immigrant Investor Visa Program or “employment-based fifth preference category.” The program was born in 1990 when Congress designed it to incentivize foreign investment in the U.S. economy, creating new jobs for U.S. workers. In exchange for their qualifying EB-5 investment, foreign nationals would be granted U.S. green cards, allowing them—and their spouse and unmarried children younger than 21—to live and work indefinitely in the United States. Initially, an investor and their family are only granted conditional permanent resident status, but if they can prove their EB5 investment fulfilled the program requirements at the end of their two-year conditional residency period, they can apply to remove the conditions and become fully fledged U.S. permanent residents. Denial of the I-829 petition to remove conditions—or failure to file it—results in the expulsion of the foreign national and their family from the United States.

Who Uses the EB-5 Program?

For the first two decades of its existence, the EB-5 program was severely underused. The program’s existence was not common knowledge, and many foreign nationals unfamiliar with this type of immigration model were skeptical of the program. Until the 2010s, the EB-5 program routinely failed to dole out the 10,000 visas it was allocated every fiscal year. The vast majority went to Chinese EB5 investment participants—China’s massive population and authoritarian government provide both a huge market and a good incentive to make an EB5 investment, and immigration agents across the country promoted the EB-5 program as a high-quality pathway to a life in the United States.

More recently, however, many investors from India, Brazil, South Korea, and Vietnam have been obtaining a larger share of the EB-5 visa pool. The EB-5 program has experienced far more popularity since the 2010s, and foreign nationals from a wide variety of countries are participating.

The EB-5 Regional Center Program

In 1992, Congress introduced a supplementary program to the EB-5 program—the EB-5 Regional Center Program. The regional center program would go on to steal the spotlight, with regional centers accounting for almost all EB5 investments (96% in FY2019). An EB-5 regional center is a commercial entity that partners with EB-5 project developers and attracts EB-5 investors to invest in them, pooling together capital from multiple investors to make larger EB-5 investments. The regional center acts as an important intermediary in the EB-5 investment process, with continued approval from United States Citizenship and Immigration Services (USCIS) dependent on its ability to drive economic growth in a specified region.

However, the regional center program depends on periodic government reauthorization. Congress failed to reauthorize the program before the June 30, 2021 deadline, so this investment model has been defunct for over six months as of January 2022. All EB-5 investments must be direct for the time being, and it is unclear when the regional center model will return.

Opinions on the EB-5 Program

The EB-5 program has brought millions in foreign investment capital to the U.S. economy since its inception, creating hundreds of thousands of new jobs for U.S. workers. It has allowed project developers to access relatively cheap investment capital when traditional funding was not available, such as after the 2008 financial crisis. And it has helped hundreds of thousands of foreign nationals set up a new life in the United States, enjoying a life of freedom and a brighter future for their children. Indeed, many highlight the benefits of the EB-5 program, adding that the various requirements of the program, such as the need to prove the lawful sources of EB5 investment capital, protected the program’s integrity.

Others have been critical. The EB-5 program is often demonized in the media, which focuses on a few isolated cases of fraud instead of the thousands of cases of honest, good-faith developers and investors. Some critics denounce EB-5 as a scheme to buy residency in the United States, and some have voiced concerns about foreign adversaries, such as the Chinese Communist Party (CCP), abusing the program to obtain permanent residency for its members.

To ignore cases of fraud, however rare they may be, or the potential security concerns the program may cause would be irresponsible. Indeed, EB-5 stakeholders readily recognize the flaws in the EB-5 program and push for sensible reform. After all, the EB-5 program has had a myriad of positive impacts—on the U.S. economy, for U.S. jobseekers, and for the individual developers and investors alike—all at no cost to the U.S. taxpayer. The EB-5 community urges Congress and the public to recognize the benefits of the EB-5 program and to work to improve the program, not demolish it.

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February 2022 Visa Bulletin: Direct EB-5 Dates Are Still Current

February 2022 Visa Bulletin: Direct EB-5 Dates Are Still Current

The Department of State (DOS) has published the Visa Bulletin for February 2022. The monthly Visa Bulletins provide U.S. visa applicants with valuable information on when they will be eligible to receive their visas. For the EB-5 industry, these reports indicate which investors are eligible to apply for or receive conditional residency status.

Chinese investors had been subject to a processing backlog since 2015 and were therefore subject to delays when applying for and receiving their visas. However, the December 2021 Visa Bulletin brought welcome news: all direct investors, including those from China, would no longer be subject to processing delays. As of the February 2022 Visa Bulletin, direct investors of all nationalities are still free from cutoff dates. They can go through the EB-5 investment process without the inconvenient delays caused by processing backlogs.

The DOS and United States Citizenship and Immigration Services (USCIS) may be expediting direct EB-5 visa petitions due to the expiration of the regional center investment model. Before the June 30, 2021, suspension of the regional center program, most EB-5 investors had chosen regional center-sponsored projects to benefit from the more accessible job creation requirements. Now, I-526 petitions from regional center investors are no longer being processed, thus allowing USCIS to focus on adjudicating visa petitions from direct investors.

It is unclear what will happen to the cutoff dates for Chinese investors when the regional center program is reauthorized. Some industry members expect Congress to reauthorize regional center EB-5 investment in February 2022, but such predictions are conjectural.

Chart A

This section of the Visa Bulletins shows when investors from backlogged countries can receive their conditional permanent resident status. All direct investors are currently granted current status, meaning that they do not have to wait to receive their visas once USCIS has approved their petitions. On the other hand, regional center investors are unauthorized.

Chart B

Chart B contains the date for filing, which dictates when investors from backlogged countries can submit their applications for conditional permanent residency visas. As in Chart A, all direct investors, including Chinese nationals, have current status. In contrast, Chinese regional center investors are subject to a date for filing of December 15, 2015.

Foreign nationals interested in the EB-5 program may have an invaluable opportunity to make a direct EB-5 investment; Chinese investors will especially benefit from the absence of cutoff dates. Moreover, direct investments can currently be made at only $500,000.

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The EB-5 Program: The First Step Toward U.S. Citizenship

The EB-5 Program: The First Step Toward U.S. Citizenship

All around the world are foreign nationals dreaming of a life in the United States. Unfortunately, for most, the dream is unattainable—but for a select few, it can become a reality. The EB-5 Immigrant Investor Program has been the key to the United States for thousands of foreign investors, who have earned green cards for themselves and their immediate family members through largely passive EB-5 investments. But for many, U.S. permanent resident status isn’t the ultimate goal. Many have their sights set on U.S. citizenship.

Permanent residents in the United States enjoy most of the same rights and freedoms as U.S. citizens, including the right to live, work, study, or travel anywhere in the United States. With a green card, children can also attend U.S. public school, and the admissions process to U.S. colleges is usually significantly easier. However, green card holders cannot vote or run for federal office, and they face restrictions on how much time they can spend abroad. U.S. citizens can also petition to bring family members to the United States much more quickly than permanent residents.

Making an EB-5 Investment

Only permanent residents can apply for naturalization, so the first step for any foreign national is to obtain U.S. permanent resident status. The EB-5 program makes this relatively simple and easy compared to other immigration pathways. An investor must take care to fulfill certain EB5 investment criteria, but with proper due diligence, most applicants succeed with their EB-5 investments.

The minimum EB5 investment amount is $500,000, if the project is in a targeted employment area (TEA). The amount doubles to $1,000,000 if the project does not quality for TEA status. An investor must also provide evidence of the lawful sources of the capital and maintain it at risk for the entirety of the investment period. Issuance of permanent resident status is contingent on the creation of at least 10 jobs for U.S. workers. If an EB-5 investor fulfills these requirements, they will earn green cards for themselves as well as their spouse and any unmarried children younger than 21.

Requirements for U.S. Naturalization

An applicant must satisfy several requirements before they are eligible to apply for U.S. citizenship. The most important one is the acquisition of a green card, which is the most challenging step for most immigrants, potentially taking more than a decade. Those who have made EB-5 investments, on the other hand, can often receive their green card in just two years.

After obtaining permanent residency rights, a foreign national must reside in the United States for at least five years to be eligible for citizenship. Travel abroad is permitted, but permanent residents must be careful—spending more than six months out of the country at a time could jeopardize their green card status. Additionally, a permanent resident must have spent at least 30 months of the past five years physically in the United States to qualify for naturalization. While EB-5 investors initially receive two-year conditional permanent resident status, these two years count toward the five years of permanent residency necessary for naturalization eligibility, allowing EB-5 investors to start working toward eligibility for U.S. citizenship as soon as they enter the United States.

Just like the EB-5 investment visa itself, the U.S. naturalization process is open to both an investor and their accompanying family members, meaning the entire family can obtain U.S. citizenship in just five years from the initial relocation to the United States. Consulting with an experienced EB-5 immigration attorney is always encouraged, however, to determine the best course of action for you, your family, and your goals.

The Naturalization Process

Upon living in the United States on a green card for at least five years, an EB-5 investor may submit Form N-400 to initiate the naturalization process with United States Citizenship and Immigration Services (USCIS). An applicant may file the petition from any state, but they must have resided in that state for at least three months before submitting the form.

The next step is to set up an interview with USCIS and undertake the citizenship exam. Applicants must demonstrate at least a basic ability to use English and fundamental knowledge of U.S. history and government structure. These factors will influence USCIS’s adjudication of an N-400—following the interview and exam, USCIS will issue a decision. If an applicant’s petition is approved, they must take an Oath of Allegiance to the United States, and that’s it—they’re finally U.S. citizens and may enjoy all the rights that come along with U.S. citizenship.

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Fulfilling the Source-of-Funds Criteria

Fulfilling the Source-of-Funds Criteria

The opportunity to achieve permanent residency in the United States appeals to millions of foreign nationals, and the EB-5 investment program is one of the most attractive visa-by-investment systems. Making an EB-5 investment can even lead to eventual U.S. citizenship. Since its inception in 1990, the EB-5 investment program has successfully granted permanent resident status to thousands of investors from around the world.

This program is carefully regulated by United States Citizenship and Immigration Services (USCIS). Participation requires meticulous planning to ensure that the EB-5 investment fulfills all applicable USCIS criteria.

The adjudication of I-526 petitions is one of the key roles carried out by USCIS to ensure that all EB-5 projects and their investors adhere to its guidelines. USCIS places great importance on making sure that all EB-5 funds originate lawfully, and investors often encounter problems when trying to prove the origin of the funds they used for their investment. Indeed, proving that EB-5 funds were sourced legally can be challenging.

Regulations on EB-5 Sources of Funds

Form I-526 should trace the capital from its origin up to the point of investment. This requires carrying out rigorous research and compiling many documents. Due to the complexities of the process, EB-5 investors should seek guidance from an immigration attorney.

The evidentiary standard set out by USCIS dictates that EB-5 investors must demonstrate that their capital was obtained lawfully based on “a preponderance of the evidence.” This means that the proof and documentation provided should be thorough enough for USCIS adjudicators to conclude that the funds were most likely obtained in a legal manner. Of course, it is always safest to provide USCIS with a surplus of evidence; investors should provide more documentation than required rather than fall short.

How to Submit the Required Evidence

EB-5 investors must provide documents that accurately trace the source of their funds. Fortunately, USCIS places no restrictions on which sources of funds can be used for an EB5 investment as long as the sources are lawful.

No matter what source of funds they choose, all EB-5 investors must submit their tax returns for the last five years in Form I-526. If their funds come from multiple sources, investors must provide the relevant documentation for each source of income. In addition, if an EB-5 investor comes from a non-English-speaking country, they must provide a translation of all the attached evidence.

One of the biggest challenges for prospective participants in the EB-5 program is compiling a thorough and convincing I-526 petition. EB5AN, a leading consulting firm in the EB-5 industry, has helped many investors succeed in the EB-5 process and obtain their coveted U.S. green cards.

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First Steps in the EB-5 Process

First Steps in the EB-5 Process

The EB-5 investment program has enabled thousands of foreign nationals to relocate to the United States and acquire permanent residency. While United States Citizenship and Immigration Services (USCIS) lays out clear regulations for the program, the EB-5 process is complex and time consuming. Moreover, if an EB-5 project fails to comply with USCIS regulations, its investors’ visa petitions may be denied.

Because of the complexity of the EB-5 process, prospective investors are advised to work closely with an experienced immigration attorney. It is also important for them to begin preparing as early as possible so that they can start gathering the documentation they will need later in the process.

In this article, we describe the early preparations that prospective EB-5 investors should make and how they can begin the EB-5 process.

Preparing for the EB-5 Process

First, interested foreign nationals need to determine whether the EB-5 visa is a viable immigration option and hire an immigration attorney. They should examine the source of funds that would be used to make an EB-5 investment as well as the minimum investment thresholds: $500,000 for targeted employment area (TEA) projects and $1,000,000 for non-TEA projects.

Having hired an immigration attorney and examined basic requirements for EB-5 investors, interested foreign nationals must then select a suitable EB-5 project. They should carefully examine the details of each option and determine whether the project fulfills EB-5 criteria, especially the requirement to create 10 qualifying U.S. jobs.

Making an EB-5 Investment

Having selected a qualifying EB-5 business, investors must then subscribe to the project and make their investment. Then, they must prepare to file Form I-526, Immigrant Petition by Alien Investor. In this petition, the investor must provide details such as how the funds will be used and prove compliance with the at-risk requirement. Proving that the funds were sourced lawfully can be particularly challenging.

Preparing the source-of-funds documentation to meet USCIS’s high evidentiary standard can take some time. Investors are advised to start preparing this material as soon as they decide to pursue the EB-5 investment visa. Their immigration attorney will be able to advise on exactly what documentation is required, depending on the specific source of capital used in the investment.

The path to obtaining permanent U.S. residency through the EB5 investment program can be complex. However, with the help of an experienced attorney, foreign nationals will be able to navigate this process with confidence.

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Attracting EB-5 Investors

Attracting EB-5 Investors

Since its launch in the 1990s, the EB-5 investment program has brought investors from all over the world to the United States. Foreign investment in qualifying EB-5 businesses has helped the United States’ economy and reduced unemployment. This capital is usually offered at below-market rates, which is advantageous for U.S. business owners. In addition, businesses receiving EB-5 investment capital are required to generate at least 10 full-time jobs.

Recent changes to the regulations of the EB5 investment industry have increased interest in the program. The repeal of the Modernization Rule in June 2021 reduced the minimum investment threshold from $900,000 to $500,000 for business projects located in targeted employment areas (TEAs). This makes the EB-5 program more accessible to interested foreign nationals.

EB-5 investments can be an excellent source of funding. However, in order to qualify for the EB-5 program, business owners must plan their projects carefully to ensure compliance with United States Citizenship and Immigration Services (USCIS) regulations and make their offerings attractive.

How to Make an EB-5 Project Attractive to Investors

EB-5 investors tend to look for safe investment opportunities that provide them with the most benefits. Many foreign nationals value their eligibility for U.S. citizenship more than the return on their investments, so they look for projects with low immigration risk. The best projects, therefore, comply with all USCIS regulations and have viable business plans.

Another thing that foreign nationals look for when evaluating EB-5 investment opportunities is the business’s ability to generate jobs. As each EB-5 investment needs to create at least 10 jobs, projects that allow for the creation of large numbers of jobs are more likely to guarantee that each investor’s quota is met early on. Such projects have an especially low immigration risk.

Marketing Your Project

EB-5 projects require a carefully devised marketing strategy. EB-5 business owners must create marketing materials that appeal to their target audience. This may include brochures and other printed materials translated into the potential investors’ native language. As many potential investors do research on available projects from overseas, EB-5 projects must have a strong online presence to catch their attention. Informational videos, for instance, can help business owners engage investors. Seminars, conducted online or in person, can be a good way for business owners to interact directly with their potential investors and answer their questions.

EB-5 capital provides significant benefits to U.S. businesses. Of course, creating and marketing an EB-5 project that follows all USCIS regulations can be challenging. Business owners are advised to consult with an immigration attorney and EB-5 specialists.

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The EB-5 Investment Process: Qualifying for an EB-5 Visa

The EB-5 Investment Process: Qualifying for an EB-5 Visa

The United States’ strong economy, political stability, reliable infrastructure, and many other strengths offer an enticing opportunity for foreign nationals—many around the world want to share in these benefits by becoming permanent residents of the United States. The EB-5 visa is one of the most efficient and low-risk ways to obtain U.S. permanent resident status. Since 1990, investors from around the world have made EB-5 investments and relocated to the United States successfully. We now summarize the EB-5 process and explain how foreign nationals and their families can qualify for EB-5 visas.

1. Making An EB-5 Investment

An immigration attorney’s services will be invaluable throughout the EB-5 process; foreign nationals should work with an immigration attorney with ample experience in the EB-5 program. Moreover, these professionals can help investors find reliable EB-5 projects with a low immigration risk—that is, projects that comply fully with United States Citizenship and Immigration Services (USCIS) regulations. It is particularly important to choose a project that has adequate job creation potential. Preferably, an EB-5 project should aim to create more than the minimum requirement of 10 jobs per EB-5 investor.

2. Filing Form I-526

Once an EB-5 investment has been made, the investor must submit Form I-526, Immigrant Petition by Alien Investor. USCIS will examine this petition carefully to determine whether the EB-5 investment complies with the at risk requirement, was made in a qualifying new commercial enterprise (NCE), and used lawfully sourced funds. It can be particularly challenging to gather the documentary evidence needed to trace the EB5 investment capital back to its source. An immigration attorney’s assistance is particularly crucial at this step of the process. In addition, the at risk requirement entails that there can be no guarantee the EB-5 funds will be repaid.

3. Conditional Permanent Resident Status

USCIS typically takes years to adjudicate Form I-526. Once this petition is approved, the EB-5 investor will be granted conditional permanent resident status. For two years, the investor will be entitled to live and work anywhere within the United States. During this period, it is crucial for the EB-5 project to create the needed number of jobs and to keep the EB-5 capital at risk.

4. Filing Form I-829

During the last 90 days of the two-year conditional residency period, EB-5 investors must submit Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This form must prove that the EB-5 project fulfilled USCIS’s criteria, particularly the employment creation requirement. Once this petition is approved, investors are granted U.S. permanent resident status without restrictions.

This general overview of the EB-5 process can help foreign nationals decide whether the EB-5 industry is right for them. Consulting firms such as EB5AN can answer any questions related to the EB-5 process and help foreign nationals find the most reliable, USCIS-compliant projects on the market.

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How To Choose An EB-5 Immigration Attorney

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Since 1990, when the EB-5 Immigrant Investor Program was launched, many foreign nationals have participated in EB-5 and obtained U.S. permanent resident status . Unlike other U.S. immigration opportunities, that can take a long time to process, the EB-5 Program is one of the quickest ways to secure a green card.

One key requirement of the EB-5 Program is for foreign nationals to comply with the United States Citizenship and Immigration Services (USCIS) regulations. These regulations are fairly complex and can be highly specific in terms of the information that USCIS needs.

For this reason, the EB-5 process can be difficult to navigate alone, without the help of an experienced EB-5 attorney.

In this article, we will take a look at the role of EB-5 attorneys and explore how you, the investor, can go about choosing one that will suit your specific needs. We will also shed some light on the fees that you can expect to pay as a foreign investor.

The EB-5 Immigrant Investor Program: A Quick Overview
What Does an EB-5 Attorney Do?
What to Look Out For When Selecting an EB-5 Attorney
How Can EB5AN Help You, the Investor?
The Steps to Hire an EB5 Attorney
Some Insights on Rates and Fees
Secure the Right EB-5 Attorney for Your Case

The EB-5 Immigrant Investor Program: A Quick Overview

The EB-5 Immigrant Investor Program is an initiative that allows foreign investors to secure visas and, eventually, green cards by investing a specific amount of capital in a U.S.-based business that generates jobs.

💡What Is a New Commercial Enterprise and Targeted Employment Area?
Investors will come across the terms “new commercial enterprise, or NCE,” and “targeted employment area, or TEA” a lot within the U.S. EB-5 Immigrant Investor Program context.

Here is what these terms mean:

New commercial enterprise (NCE):

An NCE refers to the business entity in which an EB-5 investor makes their capital investment. It can be a for-profit entity engaged in various types of commercial activities, such as manufacturing, real estate development, hospitality, or any other legal business.

Targeted employment area (TEA):

A TEA is a specific geographic area designated as such by the U.S. government based on specific criteria. TEAs are categorized as two main types:

High unemployment TEA: An area with an unemployment rate at least 150% of the national average.

Rural TEA: A rural area outside a metropolitan statistical area or a city with a population of fewer than 20,000.

EB-5 applicants need to invest either $1,050,000 in non-TEA projects or $800,000 in a targeted employment area (TEA).

What Does an EB-5 Attorney Do?

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Guide investors through the investment process

An EB-5 attorney guides investors through the entire investment process, from explaining the requirements of the program to preparing and submitting all the necessary paperwork.

Conduct research on potential projects

These attorneys conduct thorough research on potential investment projects that the investor may have identified, to ensure they meet program criteria. In some cases, they may already have solid EB-5 investment opportunities on their books for a foreign investor to explore.

Help navigate complex immigration procedures

Immigration attorneys help investors by providing services such as filing visa petitions and preparing supporting documentation. They also make sure investors adhere to program rules, such as meeting job creation requirements and maintaining their investments.

Should any issues arise during the application process, EB-5 attorneys advocate on behalf of their clients. Essentially, they serve as trusted partners who help investors achieve their goal of obtaining permanent residency in the U.S. through the EB-5 Program.

What to Look Out For When Selecting an EB-5 Attorney

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It’s crucial for EB-5 investors to work with an immigration attorney who has experience in the EB-5 industry. Immigration counsel can help an investor make sense of the EB-5 Program’s requirements throughout every step of the process.

EB-5 investors must choose their immigration counsel very carefully. Working with an immigration attorney who lacks EB-5 experience could seriously jeopardize an investor’s chances of success.

When evaluating potential attorneys, EB-5 investors should look for the following characteristics:

❗A solid track record

The most reliable immigration attorneys have a history of successfully preparing I-526 and I-829 petitions for their clients. All reputable immigration attorneys should be willing to disclose their past success rates.

Of course, investors must keep in mind that past success does not guarantee that their upcoming visa petitions will be approved. In addition, if an immigration attorney has a high success rate but has only worked with a few EB-5 investors, the success rate becomes less meaningful.

❗Effective communication

Ideally, immigration attorneys should be easily accessible and available to answer their clients’ questions quickly and clearly. Foreign investors should always remember that it is important to communicate with their attorney in a transparent way.

❗Positive client testimonials

If an immigration attorney can provide positive client testimonials, their reliability increases substantially. EB-5 investors should ask for references from the attorney’s other clients, and look for online reviews of the attorney’s services.

❗A source-of-funds strategy

Gathering the legal source-of-funds evidence for Form I-526 is a particularly challenging aspect of the EB-5 process. Immigration attorneys should have a solid strategy for helping their clients compile the necessary evidence and be willing to devote significant time and effort to completing Form I-526.

How Can EB5AN Help You, the Investor?

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✅ EB5AN’s solid track record

EB5AN has an impressive track record in the field of EB-5 immigration and investment. With a strong history of successful projects and satisfied investors, we at EB5AN have consistently demonstrated our expertise in navigating the complex EB-5 Program requirements.

Our experience in project development, regional center operations, and compliance ensures that investors receive reliable guidance and support throughout their immigration journey.

Whether it’s job creation, capital deployment, or I-526 and I-829 petition approval, EB5AN’s proven track record speaks to our commitment to ensuring successful EB-5 investments for foreign investors across the United States.

✅ EB5AN’s communication strategy

Through our commitment to clarity, accessibility, transparency, and timeline adherence, EB5AN excels in effective communication. We simplify complex EB-5 Program details, which makes them easy to understand for clients.

Our team is readily available and responsive, which ensures that clients get the support they need, when they need it. We are transparent about program intricacies, which allows us to empower clients to make informed decisions.

✅ EB5AN’s testimonials

Clients consistently praise us at EB5AN for our transparent communication, accessibility, and ability to simplify complex matters. Read through our wide range of client testimonials to see why foreign investors choose us as their immigration attorney.

Here is one example from Siddharth, who says:

“After doing a lot of Google research to really be sure about the project I was going to invest in, I found EB5AN. A few good things stood out for me, including the pedigree of the founders. It gave me comfort to see that the team I was corresponding with were all highly qualified, intelligent individuals who had worked for global organizations.”

✅ EB5AN’s source-of-funds strategy

EB5AN’s due diligence process ensures that the source of funds is thoroughly reviewed and any potential issues are identified and addressed promptly. By working closely with EB5AN, investors can streamline the process of documenting the lawful source of funds.

In addition, our personalized approach means that strategies are tailored to the specific financial circumstances of each investor.

All EB-5 investors will benefit from working with a competent, experienced immigration attorney. EB5AN can help investors find the most reliable attorneys in the EB-5 industry today.

Of course, all of our investors are free to choose their own attorneys, and no immigration attorneys work for EB5AN.

The Steps to Hire an EB5 Attorney

Selecting an experienced attorney is essential for a successful immigration process, so foreign investors should take their time to make an informed decision.

Conduct some thorough research

Begin by researching and identifying immigration attorneys with expertise in the EB-5 Program. You can use online resources, referrals, or legal directories to create a list of potential attorneys.

Here are some pointers for you to consider:

Experience: Check the attorney’s experience in handling EB-5 cases, including their success rate and years in practice.

Specialization: Ensure the attorney specializes in immigration law and has a focus on EB-5 cases.

Track record: Investigate their track record of approved EB-5 petitions and successful investor cases.

Fees: Understand the attorney’s fee structure, including any hidden costs or additional fees.

Team: Inquire about the attorney’s support team and resources available to handle your case.

Ethical record: Check whether the attorney has any disciplinary actions or ethical violations on their record.

Immigration association memberships: Check whether the attorney is a member of reputable immigration law associations, which could indicate their expertise in the field and ensure current knowledge of policy or procedural changes.

Arrange a consultation

Schedule consultations with the attorneys on your list. During these consultations, discuss your specific EB-5 immigration needs and concerns.

Evaluate the attorney

Evaluate each attorney’s experience, track record, and communication style. Consider their past success with EB-5 cases and how well they address your questions and concerns.

Fees and service agreements

Inquire about the attorney’s fees, payment structure, and any additional costs. Review the terms of engagement, including the scope of their services and responsibilities.

Obtain references

Ask for references from previous clients or check online reviews to gauge client satisfaction and the attorney’s reputation.

Select your attorney

Based on your research, consultations, and evaluation, choose the EB-5 attorney who best aligns with your needs and goals.

Review and sign the engagement agreement

Once you’ve made your selection, formally retain the attorney by signing an engagement agreement. This document will outline the terms and conditions of your working relationship.

Some Insights on Rates and Fees

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There is no doubt that the EB-5 Program is very much an investment in your future in the United States.

Let’s dive into some key insights about the rates and fees involved when considering the EB-5 Immigrant Investor Program. Understanding these financial aspects is essential for anyone looking to pursue U.S. permanent residency through the EB-5 pathway.

Attorney fees

There are three fees that you will need to be aware of when hiring an immigration attorney to help you navigate the EB-5 process. These include:

I-526 Petition (Immigrant Investor Petition) legal fees: These are fees charged to prepare and file the I-526 petition. Complex cases may result in higher fees. Of course, all fees will vary across each immigration attorney and each particular client.

I-829 Petition (Petition to Remove Conditions) legal fees: Fees for the I-829 petition, filed toward the end of the two-year conditional residency period, are also charged.

Consultation fees: Some attorneys charge a consultation fee for an initial assessment of your eligibility and options.

Additional services: Attorneys may offer services beyond the petition filings, such as due diligence on EB-5 projects, assistance with selecting a regional center, or other related services. The cost for these additional services can vary widely.

Petition filing fees

Petition filing fees are the official charges associated with submitting the necessary immigration forms to U.S. Citizenship and Immigration Services (USCIS) as part of the EB-5 Visa process. These fees cover the cost of processing and reviewing your petitions.

These fees currently include:

  • I-526 Petition: The filing fee for the I-526 petition, which is $3,675.
  • I-829 Petition: The filing fee for the I-829 petition, which is $3,750.

(The above filing fees will be raised significantly starting in April 2024.)

Secure the Right EB-5 Attorney for Your Case

In the highly complex landscape of the EB-5 Immigrant Investor Program, securing the right immigration attorney can make all the difference. EB5AN offers all the expertise and guidance that you need to navigate this process easily and successfully.

With a track record of excellence, transparent communication, and a commitment to your immigration goals, EB5AN is your trusted partner. Take the next step toward your EB-5 journey by contacting us today. Your path to U.S. permanent residency awaits!

Free EB-5 Project Evaluation

Possible Upcoming Changes to the EB-5 Program

Possible Upcoming Changes to the EB-5 Program

The EB-5 investment program underwent many changes in 2021, many of which were unexpected and had a significant effect on the industry. For instance, the EB-5 Modernization Rule, a far-reaching amendment to many EB-5 regulations, was repealed in June 2021. As a result, the EB-5 investment threshold was lowered, and the process for designating targeted employment areas (TEAs) once again became the responsibility of individual states.

The most significant change to the EB-5 program in 2021 was the expiration of the regional center program, which left the EB-5 industry without its most popular investment model. As a result of this legislative lapse, EB-5 investors in regional center projects who filed Form I-526 are now unable to proceed with the EB-5 process. United States Citizenship and Immigration Services (USCIS) is no longer processing I-526 petitions from regional center investors.

The lapse in regional center EB-5 investment has also shifted attention toward direct EB-5 projects. Even though direct EB-5 investors do not enjoy the more flexible job creation criteria of their regional center counterparts, the direct EB-5 investment model does not rely on government revalidation.

Of course, it is possible for more changes to take place in 2022, and EB-5 industry stakeholders should be prepared for such changes.

The EB-5 Investment Threshold

As of the June 2021 repeal of the Modernization Rule, the minimum investment amounts are $500,000 for projects in TEAs and $1,000,000 for projects outside TEAs. However, many analysts believe that the U.S. government will raise the amounts in the relatively near future. If Congress approves any legislation that introduces reforms to the EB-5 program, the minimum amounts will likely become higher than the Modernization Rule-era thresholds of $900,000 for TEA projects and $1,8000,000 for non-TEA projects.

In light of this possibility, interested foreign nationals should consider participating in the EB-5 program as soon as possible. Many foreign nationals successfully made direct EB-5 investments in 2021 and filed their I-526 petitions.

The Adjudication of Regional Center I-526 Petitions

As mentioned previously, USCIS is not adjudicating I-526 petitions from regional center investors. Foreign nationals who filed I-526 petitions may fear that the agency could take the next step and issue denials to regional center investors. However, it is unlikely for USCIS to do so; denying pending regional center petitions only because of the program’s suspension would undoubtedly result in numerous lawsuits.

There is a chance that the EB-5 industry will succeed in promoting legislation that would allow regional center investors to be “grandfathered in” and continue with the EB-5 process even if the regional center program remains suspended. Such a scenario would become likely if Congress continues to delay the reauthorization of the regional center program.

TEA Designation

Currently, the EB-5 industry must follow the pre-Modernization Rule criteria for designating TEAs. However, if USCIS or the Department of Homeland Security (DHS) takes action to restore Modernization Rule regulations governing TEAs, there will likely be stricter eligibility criteria for high-unemployment TEAs. Such a change may make it more difficult for EB-5 projects to receive TEA status.

The EB-5 Industry’s Continued Success

Despite its rapidly changing regulations, the EB5 investment industry continues to succeed, helping foreign nationals relocate to the United States and benefitting businesses across the country. Foreign nationals and business owners interested in the EB-5 program would do well to keep these potential changes in mind.