Who May Be Ineligible for the EB-5 Visa and Why?

Foreign investors opting for the EB-5 Immigrant Investor Program may experience certain challenges, affecting their path to U.S. residency. Understanding the requirements for a successful application is important, as missteps could potentially derail your investment process. Knowing what could affect your eligibility and how to address it is crucial for a successful EB-5 journey, whether […]

Comparing the H-1B Visa, EB-5 Green Card, and U.S. Citizenship

Choosing the right immigration path to the U.S. can be difficult, especially when faced with multiple immigration options with unique opportunities and challenges. This is especially true when it comes to employment-based visas since many of them have similar offerings and slight differences. The immigration pathway you choose is important because it impacts not just […]

What Is the Function of an EB-5 Regional Center?

When applying to get a U.S. Green Card through the EB-5 program, you can choose to fulfill the investment requirements via a regional center or a direct investment. Foreign nationals opting for the regional center investment route must understand the importance of choosing the right one. Also, knowing what to expect from the regional center […]

EB-5 Visa Holders’ Eligibility for In-State Tuition Rates

The EB-5 Investor Program allows foreign nationals to obtain a U.S. Green Card through financial investments. The program aims to boost the economy while providing foreign nationals with an opportunity for a better life. Successful investors and their eligible families get permanent residency, unlocking many opportunities—one of which is access to education. If you want […]

What EB-5 Investors Need to Know to Avoid I-526E Filing Mistakes

Form I-526E, Immigrant Petition by Regional Center Investor, is an important document for foreign investors seeking to get a U.S. Green Card through the EB-5 Immigrant Investor Program. Filing this form correctly is essential to ensure a successful EB-5 process. However, mistakes can happen, leading to delays, requests for evidence (RFEs), or even denial of […]

Choosing the Right EB-5 Project: Written Communication Is Key

The EB-5 visa is one of the most popular investment migration visas in the world, providing a pathway to residency and eventual citizenship in the world’s biggest economy. However, EB-5 investment involves a significant amount of money and resources. Therefore, it is essential for prospective EB-5 investors to carefully evaluate and vet potential EB-5 projects […]

How Can H-1B Visa Holders Invest in a Green Card?

For many foreign workers, the H-1B visa is the most popular route to employment in the U.S. However, this visa category has limitations, such as a maximum stay of six years, job restrictions, and dependency on employers. These setbacks have led H-1B visa holders to seek more stable and permanent routes to a Green Card, […]

Single-Family Home Projects as Rural Investments

EB-5 investors can choose projects from various industries, each with unique benefits and risks. Single-family home development projects involve building houses for single families to live in. They are generally low-risk projects since they are tangible, asset-backed investments with high demand, making them a safe option for many EB-5 investors. At EB5AN, we know that […]

I-956F Approval and How It Can Impact EB-5 Project Selection

If you wish to get a Green Card through the EB-5 Immigrant Investor Program, you need to invest in a project that creates at least 10 full-time jobs in the United States. An important part of this process is project selection, and understanding the role of Form I-956F, Application for Approval of an Investment in […]

How Does an EB-5 Repayment Guaranty Work?

Securing your future with the EB-5 Immigrant Investor Program involves making sure your investment meets the necessary program requirements. One way of ensuring that is through repayment guaranties, which can enhance the security of your investment while still meeting the EB-5 “at-risk” requirement. This guaranty helps reduce financial risk by adding a layer of financial […]

Green Card Application Suspensions and EB-5 as a Path to Permanent Residency

U.S. tech giants Amazon and Google recently announced that they’ve suspended Green Card applications for the rest of 2024. This announcement comes in the wake of recent massive layoffs across the tech industry, which includes the bulk of H-1B workers. Both companies are reported to have paused permanent labor certification (PERM) until 2025. Amazon announced […]

How Does Immigrant Intent Affect EB-5 Investors?

Before applying for the EB-5 Immigrant Investor Program, it’s important to understand what “immigrant intent” means. In U.S. immigration law, this term refers to the desire to live in the U.S. permanently. The United States Citizenship and Immigration Services (USCIS) uses specific rules to determine immigrant intent, especially for those seeking to adjust their status […]

What the EB-5 Program Can Offer Indian Investors

The EB-5 program is one of the most popular pathways to obtaining a U.S. Green Card. The program grants U.S. permanent residency to foreign nationals who can invest substantially in the U.S. economy and create at least ten full-time jobs for American workers. It has become increasingly sought after by high-net-worth individuals of diverse nationalities, […]

What Is EB-5 Redeployment and How Does It Affect Investors

The EB-5 Immigrant Investor Program, launched by the U.S. Congress in 1990, allows foreign investors to obtain U.S. Green Cards by investing in projects that create jobs. Investors must invest at least $800,000 in targeted employment areas (TEA)—or $1,050,000 in other regions—into a new commercial entity (NCE) that generates at least ten full-time jobs for […]

A Guide to Rural EB-5 Investments

The EB-5 Immigrant Investor Program is a U.S. visa program that allows foreign investors and their eligible family members to obtain Green Cards and become permanent residents. To qualify, the foreigner must make an investment in a U.S. business that creates at least 10 full-time jobs for American workers. There are two main types of […]

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EB-5 Investor Testimonials and How They Can Help Prospective Applicants

The EB-5 Immigrant Investor Program is one of the most straightforward pathways for foreign nationals to obtain U.S. permanent residency. It does not require exceptional professional accomplishment, skills, or employer sponsorship. The main program requirements are an investment of $1.05 million or $800,000 (for TEA projects) in a new commercial enterprise that will create at […]

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Dealing With Unexpected Challenges in the EB-5 Investment Process

The EB-5 Immigrant Investor Program offers a unique opportunity for foreign nationals to obtain U.S. permanent residency by investing in local projects. However, the path to a Green Card through EB-5 may not always be clear. Unplanned events and challenges can occur, potentially making the wait time longer than expected. In this article, we will […]

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What Are the Benefits of EB-5 Regional Center Projects?

Foreign nationals who want to live in the United States have different options depending on their goals. Whether you just want to work temporarily or become a citizen, the U.S. immigration system provides you with these options. However, when trying to decide on which, it’s important to note that each investor visa option has different […]

EB-5 Regional Center Conflicts of Interest and What They Mean for Investors

Regional centers are USCIS-approved entities that promote economic growth through foreign investment. They act as intermediaries between EB-5 projects and foreign investors seeking to immigrate to the U.S. Investors favor these projects because they offer flexibility in job creation and promise more safety through transparency and compliance. In these projects, investors buy equity in a […]

The Role of Secured Financing in EB-5 Investments

In today’s economic landscape, EB-5 investors must be more careful than ever when selecting projects to invest in. There are many factors to think of when choosing an EB-5 investment or project as making an EB-5 investment doesn’t fully guarantee that the investor will be approved for a Green Card. One of the factors to […]

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Not a Millionaire? Here Is How You Can Apply for an EB-5 Visa

Foreign nationals looking to secure a better future for themselves and their family may not always be high-net-worth individuals. In fact, you don’t need to have millions in your bank account to obtain your Green Card through the EB-5 program. However, obtaining your permanent residence through this program is a critical process, so you must […]

Why the EB-5 Visa Is Popular Among Canadian Investors

The number of Canadians living in the United States has reached its highest in a decade, according to data from the U.S. Census Bureau. Approximately 797,000 Canadian-born individuals were living in the United States in 2019, according to data from the Migration Policy Institute. By 2021, this number had increased to approximately 885,000. Over 126,000 […]

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Which Foreign Nationals Are Ideal Candidates for the EB-5 Program?

Many foreign nationals are discouraged from choosing the EB-5 visa program because they believe it is complicated. However, they overlook the flexible nature of the EB-5 program. Compared to other visa options, it does not focus on the specific qualifications or exceptional skills of the applicants. EB-5 is a straightforward program that focuses on two […]

Different Pathways to a Green Card Without Sponsorship Requirements

A Green Card is an essential document for non-citizens who want to live and work in the U.S. It grants the holder permanent residency status, providing a variety of benefits. These include rights and opportunities that contribute to economic, social, and familial stability. Additionally, holding a Green Card has paved the way for many foreign […]

What Indian Nationals Affected by H-1B Layoffs Should Do

The U.S. tech sector, which includes a large number of H-1B visa holders, has been volatile in recent years. In 2022, about 150,000 white-collar employees were laid off and many job offers were revoked. Tens of thousands of tech workers lost their jobs during the first few months of 2024. Many tech workers come to […]

Why H-1B and H-4 Visa Holders Should Consider the EB-5 Program

Thousands of foreign nationals apply to work in the United States under employment-based visa categories every year. The most popular of these is the H-1B visa program. About three out of every four H-1B holders are Indian nationals. In many cases, they wish to bring their immediate family members along to preserve the family relationship. […]

How Are the EB-5 Source-of-Funds Requirements Different From E-2?

Investors hoping to establish a future in the U.S. may find it difficult to understand the different immigration processes. The United States Citizenship and Immigration Services (USCIS) offers specific pathways to foreign nationals. The E-2 and EB-5 visas are two common options for foreign investors planning to live in the U.S. While both programs have […]

What Happens at the USCIS Biometrics Appointment?

A biometrics appointment is an important part of the EB-5 visa process. The U.S. Citizenship and Immigration Services (USCIS) collects applicants’ biometric data, including fingerprints, photographs, and digital signatures. The main purpose of this appointment is to verify applicants’ identities and conduct necessary background checks to ensure they are eligible for the immigration benefits they […]

EB-5 Processing Times Continue to Get Shorter

Foreign nationals looking to obtain Green Cards often worry about how long the process can take, and for good reason. Historically, the EB-5 visa— along with other employment-based visa categories—was affected by long processing times and immigration delays. However, the process continues to get shorter for new investors considering the EB-5 program. Prior to 2022, […]

A Closer Look at the Interview Stage of EB-5 Consular Processing

EB-5 investors can apply for a Green Card once their I-526 or I-526E petition is approved by the United States Citizenship and Immigration Services (USCIS). EB-5 investors already in the U.S. can apply for their permanent resident status without leaving the U.S. through a process called adjustment of status. Investors outside of the U.S. must […]

A Complete Guide to Regional Center Due Diligence

EB-5 investors can invest in a regional center-sponsored project or directly in a new commercial enterprise. Most investors prefer regional center sponsorship because it offers an easier and faster route to obtaining an EB-5 visa and U.S. permanent residency. The regional center pathway also tends to be less costly, as most sponsored projects are in […]

Analyzing the Current FY 2024 EB-5 Data

The EB-5 visa program operates on an annual cycle from October 1 to September 30, known as the Fiscal Year (FY). To keep all immigration stakeholders informed, the U.S. Department of State (DOS) releases monthly and yearly reports showing the EB-5 market’s status. By understanding and analyzing up-to-date EB-5 data, applicants can stay ahead of […]

Different Types of EB-5 Financial Structuring

The EB-5 Immigrant Investor Program is a popular pathway for foreign nationals to obtain permanent residence in the U.S. In addition to receiving a Green Card, EB-5 applicants strive to earn profitable returns on their investments. As a result, thorough financial planning is required, especially regarding capital funding and the financial sustainability of the investment. […]

A Guide to Estimating EB-5 Visa Availability

Although yearly applications for the EB-5 Immigrant Investor Program have increased significantly, there is only a limited number of available EB-5 visas per year. This has historically caused processing delays and EB-5 visa retrogression. The United States Citizenship and Immigration Services (USCIS) Immigrant Investor Program Office (IPO) determines visa availability monthly by reviewing the Department […]

How Can EB-5 Investors Use Loan Proceeds?

Administered by the U.S. Citizenship and Immigration Services (USCIS), the EB-5 Immigrant Investor Program is an invaluable resource for qualified foreign investors seeking permanent residency in the United States by taking part in strategic investment opportunities. While personal funds constitute a significant portion of all EB-5 investments, many EB-5 investors have turned to loans to […]

Who Are EB-5 Derivative Beneficiaries?

Many foreign nationals plan on becoming lawful permanent residents in the U.S. with the hope that their spouse and children can benefit from a high quality of life, education, and increased career opportunities. However, it can sometimes seem like a daunting—if not impossible—task when you review the numerous forms and timelines you must follow to […]

USCIS Guidelines About EB-5 Regional Center Audits

The United States Citizenship and Immigration Services (USCIS) oversees the EB-5 Immigrant Investor Program. This program allows foreign individuals to invest in U.S. businesses and apply for Green Cards. Investors can invest in a new commercial enterprise directly or via a regional center; this choice is entirely up to them. Within the EB-5 program, a […]

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Understanding EB-5 Visa Carryovers

Every year, the U.S. government sets aside a specific number of visas for each immigrant visa category under the Immigration and Nationality Act (INA). However, not all visas in one category may be used within a year, while other categories may have surplus applications. When this happens, the U.S. Department of State (DOS) redistributes the […]

Exploring the Differences Between EB-5 Rural, High-Unemployment, and Infrastructure Project Investments

The EB-5 Immigrant Investor Program has long been a popular pathway for foreign nationals seeking permanent residency in the United States through investment in a U.S. business venture. The program, administered by United States Citizenship and Immigration Services (USCIS), was introduced by Congress in 1990 to stimulate the U.S. economy through job creation and capital […]

How Can EB-5 Funds Help Developers

Many businesses face difficulties in securing loans or investments from traditional sources like banks or venture capitalists. The EB-5 program provides a solution to this capital challenge by facilitating foreign investment in U.S. businesses. The EB-5 program is a U.S. immigration program that grants permanent residency (Green Card) to foreign investors who meet specific criteria. […]

An EB-5 Investor’s Guide to Private Placement Memorandums

Private Placement Memorandums (PPMs) are legal documents issued by entities seeking funding. They provide these documents to potential investors so that they can make informed investment decisions. Unlike a business plan, the PPM is a descriptive document that details a company’s overall business structure, the nature of the investment offering, relevant financial data, and the […]

The Form I-485 Checklist That EB-5 Investors Need to Adjust Status

Foreign nationals located in the United States can use Form I-485, Application to Register Permanent Residence or Adjust Status, to change their immigration status to permanent resident. This allows them to receive Green Cards under one of several USCIS eligibility categories. However, this is easier said than done. The process can be complicated. Applicants must […]

A Closer Look at the EB-5 Program History

In the late 80s, when the U.S. economy struggled, lawmakers explored new ways to revive it. Around this same time, it had become popular for governments to boost commercial activity in their countries by attracting global talent and foreign investments. After observing the potential benefits of this strategy, Congress adopted the investment immigration option, which […]

The Importance of an Advance Parole and How EB-5 Investors Can Get One

The EB-5 Immigrant Investor Program is one of the employment-based visa options in the U.S. The program aims to boost economic growth by enabling long-term investments by foreign nationals. By doing so, the U.S. attracts global investors and increases job opportunities and economic activity while the investors are granted permanent residency. Like other employment-based visas, […]

A stack of coins with the letters TAX on them. There is a Canadian flag and American flag on the corner, with a judge's gavel in the back.

Canada’s Tax Fairness for Every Generation vs. U.S. Taxation Laws

For decades, Canada has upheld a brand that promotes inclusive economic growth. The country’s policies show a clear aim for sustainable development, aiming to support the vulnerable groups in society. Efforts like the Canada Child Benefit (CCB) program, minimum wage laws, and progressive taxation policies are designed to provide equal economic opportunity for Canadian residents. […]

A close-up of Form I-485, Application to Register Permanent Residence or Adjust Status.

Form I-485 Instructions: A Step-by-Step Guide on Filing

Foreign nationals who seek to become lawful permanent residents of the United States must typically file Form I-485, Application to Register Permanent Residence or Adjust Status. This is one of the most important steps in the EB-5 Immigrant Investor Program. An approved form means the applicant can get a U.S. Permanent Resident Card, more commonly […]

How Concurrent Filing Streamlines the EB-5 Process

One of the most significant changes to the EB-5 Immigrant Investor Program following the enactment of the EB-5 Reform and Integrity Act (RIA) of 2022 was that individuals present in the United States who hold other types of visas became eligible for EB-5 concurrent filing, through which immigrant investors can submit Form I-526 and Form […]

What EB-5 Investors Need to Know About Form I-485 Processing Times

Once they are eligible, foreign nationals can file Form I-485 to adjust their immigration status and gain lawful permanent residency in the United States. However, processing times can be long and unpredictable. Delays can affect investors’ immigration plans. With a focus on the EB-5 Immigrant Investor Program, this article explains what you should expect when […]

How to Select the Best EB-5 Projects to Invest In

The EB-5 Immigrant Investor Program is one of the most direct pathways to obtaining a green card in the United States. Through this initiative, the American government aims to stimulate economic growth by encouraging foreign investments. Foreign investors, on the other hand, benefit by obtaining Green Cards for themselves and their immediate family members (spouse […]

What Happens If an EB-5 Project Fails?

An EB-5 project refers to a new commercial enterprise (NCE) that is funded through the EB-5 Immigrant Investor Program. Established in 1990, this program enables foreign investors to obtain a Green Card by investing a minimum amount of capital in a qualifying new commercial enterprise in the U.S. To qualify for the EB-5 program, investors […]

How to Adjust Status from H-1B to EB-5 to Get U.S. Permanent Residence

After years of consistent growth and stability, the tech industry faced a significant downturn in 2022, putting the livelihoods of countless tech professionals at risk in a situation the Economist termed “the sack of Silicon Valley.” The second half of 2022 saw a wave of job cuts across the tech industry, culminating in the loss […]

The Complete Guide to the DS-260 Application for EB-5 Investors

Every foreign individual looking to permanently relocate to and live in the United States is required to submit an application for an immigrant visa to the United States Citizenship and Immigration Services (USCIS). This application is digitally filed using Form DS-260, Immigrant Visa Electronic Application. This article provides detailed insights into the DS-260, highlighting its […]

Advantages of the EB-5 Visa Program for Investors with Families

Having a Green Card offers numerous immediate advantages to EB-5 investors, yet it’s their children and family members who stand to gain even more in the long run, including the chance to study, work, and reside in the United States indefinitely. Through the avenues opened by EB5 investments, the children and families of investors have […]

Risk Considerations in EB-5 Investments

Every EB-5 investment carries inherent risks. These risks vary across different project types but can generally be categorized under two groups: immigration risk and financial risk. These two risk categories align with the primary motivations for EB-5 investors. The main reason why foreign nationals invest in EB-5 projects is U.S. immigration, so immigration risk is […]

The EB-5 Visa for South African Investors

South African citizens with the financial means for investment and a wish to relocate their families to the United States might find the EB-5 Immigrant Investor Program an attractive pathway. This program is often seen as one of the most straightforward and fast routes to securing the benefits and liberties that come with being a […]

A Guide to Buying or Selling Regional Centers

The appeal of using EB-5 investment financing as a main source of funding is clear in many industries, such as business and real estate development. This is mostly because of the attractive, often below-market interest rates it offers. The EB-5 Regional Center Program has significantly contributed to the growth of the EB-5 investment industry. This […]

Difference Between EB-5 Direct Investments and Regional Center Projects

The EB5 visa program offers one of the quickest routes to obtaining permanent residency in the U.S. It enables investors who make a substantial investment in the U.S. economy to secure Green Cards for themselves and their direct family members, including spouses and unmarried children under the age of 21. Holding permanent residency (Green Card) […]

Converting an E-2 Visa into Permanent Residency

The E-2 Treaty Investor Visa, commonly known as the E2 visa, is a non-immigrant visa for citizens of countries that have a commerce and navigation treaty with the United States. Individuals who invest significantly in a U.S. enterprise are entitled to live and work in the U.S., with the option for unlimited visa renewals. While […]

The Significance of Intercreditor Agreements in EB-5 Projects

Intercreditor agreements take place among two or more lending parties, typically involving a senior and a junior lender, to establish certain safeguards for the involved entities. Without such agreements, there could be legal complications among the parties. EB-5 projects have access to various loan types, and the choice of financing impacts the specifics of the […]

What Is the Minimum Investment Required for an E-2 Visa?

The E-2 treaty visa is designed for foreign nationals who wish to live and work in the United States by investing in a U.S. business. This visa allows entrepreneurs to make a meaningful economic impact through investment, granting them E-2 visa status in return. While E-2 is not an immigrant visa, which means it does […]

E-2 vs. EB-5 Investor Visas: Everything You Need to Know

Foreign nationals looking to live in the U.S. have several visa paths available, investment visas being one of them. Under U.S. investment visa categories, two popular options are the E-2 treaty investor visa and the EB-5 immigrant investor program. This article will explore these two visa options, delving into their similarities, differences, and requirements. Eligibility […]

Why Choosing the Right EB-5 Lawyer is So Important

Finding an experienced and knowledgeable immigration attorney is one of the most crucial decisions an investor can make to streamline the EB-5 process. The Importance of Hiring a Qualified EB-5 Attorney The Crucial Role of an EB-5 Lawyer in the Visa Application Process How to Ensure an EB-5 Attorney Has a Track Record of Successfully […]

Who Is Eligible for an EB-5 Investment Green Card?

Established in 1990, the EB-5 Immigrant Investor Program aims to stimulate economic development in the United States. By investing in a qualifying New Commercial Enterprise (NCE), EB-5 investors, along with their dependent family members, become eligible for an EB5 Green Card. Participants in this program obtain lawful permanent residency in the U.S., with the opportunity […]

Buy Citizenship in the USA: The EB-5 Visa Fast Track to U.S. Residency

The EB-5 visa, also known as the “employment-based fifth preference” visa, is a pathway to obtaining a U.S. Green Card through the EB-5 Immigrant Investor Program. This program offers one of the fastest routes to U.S. citizenship. The EB-5 Immigrant Investor Program was established by Congress in 1990 with the primary goal of stimulating the […]

Indian Nationals Face Up to 128-Year Wait for EB-2 & EB-3 Green Cards

The backlog for EB-2 and EB-3 visa categories has hit unprecedented levels, with delays outpacing even those of the EB-5 Immigrant Investor Program. According to U.S. government statistics, recent applicants from India, which has the highest demand, could face waiting periods ranging from 20 years to an astonishing 128 years before their visa is issued. […]

Assessing EB-5 Investment Opportunities in Industrial Warehouses

Investing in industrial warehouse ventures has traditionally been seen as a dependable and profitable option in real estate. However, recent market trends have sparked questions about the practicality of these investments, especially considering factors like oversupply and rising interest rates. In this article, we will look into the reasons why industrial warehouse investments might not […]

The EB-5 Visa for Indian Students

With its world-renowned universities attracting over a million international students annually, the United States is a prime destination for holders of the F-1 student visa. Yet, this visa comes with several limitations, including constrained work options. The EB-5 program, however, provides a solution to these limitations, offering numerous advantages to foreign students. Launched in 1990, […]

Securing U.S. Citizenship Through Investment Programs

In order to acquire U.S. citizenship, a person must either be born to a U.S. citizen, born on U.S. soil to non-citizen parents, or go through the naturalization process after securing permanent residency. There are several pathways to obtaining an immigrant visa, which lead to permanent residency (commonly called Green Card) in the U.S. These […]

EB-5 Visa Processing Times for Applicants from India

For more than a decade, India has been a leading force in the EB-5 market, along with other high-demand nations such as China and Vietnam. Yet, with high demand comes extended waiting periods, and this has long applied to India, as well. Backlogs, compounded by the pandemic era and the temporary lapse of the EB-5 […]

A Comprehensive Guide to U.S. Investment Visas

A U.S. investor visa provides international individuals with the opportunity to build a new life in the United States by investing in a local enterprise. Through an investment visa, foreign investors and their immediate family gain the privilege to reside, work, and pursue education in the U.S. Although eligibility for investor visa programs varies by […]

Meeting USCIS Requirements for Direct EB-5 Investment Projects

The EB-5 program has many benefits for its stakeholders. Foreign nationals can use it as a pathway to U.S. permanent residency for themselves and their immediate family members, project developers in the U.S. can use it as a reliable source of capital, and the U.S. economy benefits from the billions of dollars that can be […]

Key Aspects of the Direct EB-5 Investment Model

Since June 2021, the direct EB-5 investment model has taken center stage in the EB-5 industry. Historically, the regional center EB5 investment model has been more commonly used, but it was deauthorized for several months and will only resume operations in mid-May 2022. The regional center model offers greater flexibility in meeting the job creation […]

The EB-5 Industry Ushers in a Wave of New Regulations After the Signing of the EB-5 Reform and Integrity Act

On March 15, 2022, President Joe Biden signed the omnibus spending package into law, which included the EB-5 Reform and Integrity Act of 2022. This act brings significant change to the EB-5 industry, most of which is welcomed by stakeholders. Placing a greater emphasis on transparency, efficiency and protection for investors and project developers alike, […]

All About EB-5 Regional Centers

The EB-5 Immigrant Investor Program has long been a common pathway for foreign nationals to obtain permanent residency status in the United States, exploding in popularity in the 2010s after severe underutilization in its first two decades of existence. But it isn’t the EB-5 program itself that accounts for most of these EB-5 investments—it’s the […]

The Visa Bulletin for April 2022 At a Glance

The Department of State (DOS) has released the Visa Bulletin for April 2022. For the EB-5 industry, this monthly publication shows which investors are eligible to apply for and receive their two-year conditional green cards after their I-526 petitions have been approved. This information only pertains to investors from oversubscribed countries with a particularly high […]

Guidelines for Submitting Form I-526

The first step in the EB-5 visa process is the irrevocable commitment of investment funds in a new commercial enterprise (NCE) in the United States. After that, investors must submit Form I-526, Immigrant Petition by Alien Investor. In this form, investors should include details about the terms of the project they have invested in. In […]

What is Expedited EB-5 Visa Processing?

For foreign nationals with plans to make the United States their new home, the EB-5 investment program has been a historically safe option. Contrary to other, riskier options, the EB-5 investment program has proven to be a reliable and transparent means of achieving U.S. permanent resident status, not only for investors, but for their immediate […]

Behring Companies Takes Legal Action in an Attempt to Force the Reauthorization of the Regional Center Program

The regional center program, formerly the most common EB-5 investment model, has been defunct since June 2021. As a result, many investors have been unable to continue the EB-5 visa process, with no guarantees regarding if or when the program will be reauthorized. In an effort to force the program’s reauthorization, Behring Companies filed a […]

The Advantages of Decreased Adjudication Times for I-526 Petitions

The EB-5 investment process is generally a long one. Historically, United States Citizenship and Immigration Services (USCIS) has been known for slow turnaround times on EB-5 visa adjudication. To begin the EB5 investment process, foreign nationals must submit Form I-526, which is usually prepared by an immigration attorney. The form must demonstrate that the investor […]

Choosing a Direct EB-5 Investment Project

The direct EB-5 investment model has grown in popularity in recent months. Prior to its expiration in June 2021, the regional center model was the most common for EB5 investment projects. Historically, the regional center model had always been reauthorized and been able to continue, with the exception of a brief suspension in 2018. As […]

What EB-5 Industry Stakeholders Can Learn From Recent Events

Government programs often undergo significant changes throughout the years as they adapt to the needs of stakeholders. The EB-5 visa program is no exception. Since it was created in 1990, it had changed and evolved significantly, but never as much as it has since June 2021, when the regional center program expired. Since then, industry […]

Visa Bulletin for March 2022: Direct Investors Remain Current

The Department of State (DOS) has released the Visa Bulletin for March 2022. Interestingly, no changes have been made to the cutoff dates for EB-5 investors since the December 2021 Visa Bulletin. Since all direct investors, including those from China, are allowed to receive their two-year EB-5 visas once they are documentarily qualified, the popularity […]

How to Make a Direct EB-5 Investment of $500,000 in 2022

As of February 10, 2022, the EB-5 investment industry is at a watershed period in its history. With more than seven months since the expiration of the regional center program, the industry is now looking to Congress to pass EB-5 reform in an upcoming appropriations bill. The spending bill, which was originally due in December […]

Consequences of the Expiration of the EB-5 Regional Center Program

Foreign nationals who dream of relocating to the United States, U.S. business owners, immigration attorneys, and many other individuals have benefitted from the remarkable success of the EB-5 industry, especially since the 2008 financial crisis made more apparent the need for a reliable source of funding. Indeed, since EB-5 capital is frequently available at below-market […]

Major Changes to the EB-5 Program May Be Imminent

Despite the wide variety of views on the EB-5 program, most industry members would certainly agree on one point: the EB-5 investment industry needs significant reform. For example, the more than six-month-long suspension of the regional center program has been detrimental to many projects and investors. In fact, since United States Citizenship and Immigration Services […]

Pending I-526 Petitions from Regional Center Investors: An Urgent Issue in the EB-5 Industry

The days before the June 30, 2021, suspension of the regional center program were busy for EB-5 project developers. Many foreign nationals rushed to file their I-526 petitions at a reduced amount before the EB-5 program’s most popular investment option became unavailable. As regional center-sponsored projects offered their investors light managerial requirements and were allowed […]

Solving Issues in the EB-5 Program

The thousands of foreign nationals who have completed the EB-5 process and are now enjoying permanent residency in the United States can attest to the fact that making an EB-5 investment is worthwhile. However, many of them would also agree that obtaining the EB-5 visa is a lengthy and not always straightforward process. United States […]

EB-5 Program an “Examination Priority,” Say SEC and Others

The EB-5 Immigrant Investor Program was initially enacted in the 1990s as an economic stimulus effort in the United States. The primary objective of the program was to obtain foreign capital investment and utilize that money to create jobs and improve local economies across the country. In exchange for a capital investment in a program-approved […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]

How To Choose An EB-5 Immigration Attorney

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 […]

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 […]

What Does 2022 Hold for the EB-5 Industry?

Most members of the EB-5 investment industry would certainly agree that 2021 has been a turbulent year, perhaps one of the most eventful periods in the EB-5 Immigrant Investor Program’s 31-year history. This year saw major changes to EB-5 policies and regulations. To begin with, the EB-5 Modernization Rule, which had made many controversial changes […]

How to Find a Safe EB-5 Project

Many foreign nationals view the EB-5 investment program as the safest and most reliable way to move to the United States with their families. Indeed, the visa-by-investment approach taken by the EB-5 program has benefitted the country’s economy, created jobs, and helped thousands of foreign nationals to relocate to the United States. However, the EB-5 […]

EB-5 Petition Denials: What to Do Next?

The EB-5 visa’s popularity has noticeably increased in recent years, with thousands of foreign nationals participating in the EB-5 investment program and obtaining U.S. permanent resident status. Even though many investors have obtained U.S. green cards through the EB-5 program, foreign nationals interested in the EB-5 industry should note that simply making an EB-5 investment […]

How to Create an Appealing EB-5 Project

In recent years, numerous U.S. business owners have expressed interest in the EB-5 investment industry. The EB-5 program has for many years allowed foreign nationals to receive U.S. green cards in exchange for investing in qualifying businesses. Since EB-5 investment capital is often available at below-market rates, it is especially convenient for the U.S. economy. […]

The Importance of Immigration Counsel in the EB-5 Process

Many foreign nationals who would like to immigrate to the United States through the EB-5 program may feel somewhat intimidated at first. After all, United States Citizenship and Immigration Services (USCIS) carefully evaluates every EB-5 investment to ensure compliance with its regulations. In addition, the EB-5 investment process is complex and takes several years. It […]

Direct Investment Becomes Central to the EB-5 Industry

Until June 2021, foreign nationals who wanted to participate in the EB-5 Immigrant Investor Program had two investment options: direct investment and investment through the regional center program. Although both investment models have their own advantages, regional center-sponsored projects were more popular mainly because they offered flexible job creation criteria. Creating at least 10 full-time […]

Potentially Shorter Processing Times for Direct Investors

The EB-5 Immigrant Investor Program is famous among foreign nationals from all over the world as a direct route to a U.S. green card. However, it is also known for being a slow process that can take several years. Having made a qualifying investment, an EB-5 investor must file Form I-526 with United States Citizenship […]

Meeting the EB-5 Employment Creation Criteria

EB-5 investors, immigration attorneys, and other professionals involved in the EB-5 investment industry all agree that the job creation criteria set out by United States Citizenship and Immigration Services (USCIS) is key to determining a foreign national’s eligibility for an EB-5 visa. One of the main reasons Congress created the EB-5 Immigrant Investor Program in […]

No Reauthorization for the Regional Center Program in 2021

The expiration of the EB-5 Regional Center Program has lasted longer than many industry members expected. As of December 4, 2021, regional center EB-5 investment has been suspended for more than five months. This extended lapse in the program has inconvenienced regional center investors; United States Citizenship and Immigration Services (USCIS) is no longer processing […]

How to Approach Form I-829

Thousands of foreign investors have gone through the EB-5 investment process successfully and obtained U.S. green cards for themselves and their families. The EB-5 process takes several years, and investors must work closely with their immigration attorneys throughout every step of the process, especially when filing their visa petitions with United States Citizenship and Immigration […]

Why Make a Direct EB-5 Investment in 2021?

Direct EB-5 investment has always been an integral part of the EB-5 program since the latter’s inception in 1990. In fact, regional center investment was not added to the EB-5 program until 1992. 2021 has been a significant year for the EB-5 investment industry, with two crucial decisions that have had a substantial impact. On […]

The Role of TEAs in the EB-5 Industry

One of the many aspects of the EB-5 program that makes it popular among foreign nationals and U.S. business owners is its beneficial impact on the U.S. economy. The COVID-19 pandemic has made the importance of investment capital more apparent than ever, and thousands of U.S. businesses have benefitted from EB-5 funding. Each EB-5 investment […]

How to Create a Strong Business Plan for Your EB-5 Project

Business owners across the United States have enjoyed access to EB-5 investment capital since 1990. Under the EB-5 program, foreign nationals are allowed to apply for permanent resident status in exchange for investing in a qualifying U.S. business. The U.S. economy has been strengthened by billions of dollars of EB-5 investment capital during the past […]

Answering Form I-526 RFEs Related to the Business Plan

The EB-5 investment program offers foreign nationals from all nationalities the chance to become permanent residents of the United States. Billions of dollars of EB-5 investment funds have been poured into U.S. businesses since the EB-5 program began in 1990; investors and U.S. business owners alike recognize the many accomplishments of the EB-5 industry. For […]

How to Qualify for EB-5 Funding

The EB-5 investment industry has afforded valuable opportunities to foreign nationals and U.S. business owners alike. In exchange for making an investment of at least $500,000 in a U.S. business, foreign nationals can apply for permanent resident status. Of course, a foreign national can be granted residency only if their EB-5 investment complies with all […]

The Benefits of Reauthorizing the Regional Center Program

As of November 2021, it has been more than four months since Congress allowed the EB-5 Regional Center Program to expire on June 30, 2021. The EB-5 investment industry was thus left without its most popular and practical investment model. Since then, there has been much speculation among EB-5 industry members about how regional center […]

The Benefits of Obtaining TEA Designation

Many U.S. business owners and foreign nationals have been drawn to the EB-5 investment industry. The EB-5 Immigrant Investor Program offers businesses in the United States a convenient source of funding that is often available at below-market rates. Moreover, foreign nationals can qualify for permanent U.S. residency in exchange for making an EB-5 investment in […]

Is Reauthorization for the Regional Center Program Getting Closer?

The EB-5 investment industry underwent a significant change on June 30, 2021: the EB-5 Regional Center Program expired. Regional center investment had been the EB-5 program’s most popular investment type; the vast majority of EB-5 investors used to choose regional center-sponsored projects. As of November 9, 2021, the regional center program is yet to be […]

U.S. International Travel Ban Lifted

The United States’ international travel ban, which had been in force since early 2020, was lifted on November 8, 2021. Now, travelers from 33 formerly banned countries can once again enter the United States. Due to the ongoing pandemic, the U.S. government has instated several new rules designed to minimize the spread of COVID-19. The […]

Is the EB-5 Program Right for You?

The EB-5 investment industry is thriving, and many U.S. business owners are realizing that the EB-5 program can provide them with a secure and convenient source of funding. Moreover, foreign nationals interested in relocating to the United States are often drawn to the EB-5 investment industry. Despite its success, the EB-5 program regularly undergoes changes; […]

Why Are Many EB-5 Visas Going Unused?

The EB-5 investment industry is highly regarded among foreign nationals and U.S. business owners in need of funding. Since EB-5 investors become eligible for permanent residency while injecting valuable capital into the U.S. economy, the EB-5 program’s merits have long been recognized. However, the EB-5 industry does face several challenges, many of which are related […]

Risks Associated with Making an EB-5 Investment

Many foreign nationals are eager to get started on the EB-5 investment process and obtain U.S. permanent resident status. After all, the EB-5 program has enabled thousands of investors to relocate to the United States while benefitting U.S. businesses and reducing unemployment. Despite the obvious benefits of participating in the reliable and highly-regulated EB-5 program, […]

How the EB-5 Program Benefits Families

The EB-5 Immigrant Investor Program is undoubtedly the best way for foreign nationals to relocate to the United States. Since 1990, the EB-5 program has enabled thousands of foreign nationals to gain permanent resident status and enjoy a new life in the United States. In addition, the minimum EB-5 investment requirements were lowered on June […]

Backlogs Will Continue: EB-5 Visas Placed in Tier 4

The COVID-19 pandemic has had a severe impact on bureaucratic processes around the world, and visa petition adjudication by United States Citizenship and Immigration Services (USCIS) has felt the strain. Global travel restrictions, closures of embassies and consulates, and restrictions on in-person interviews have led to a significant backlog of EB5 investment visa petitions. The […]

How to Avoid an EB-5 Petition Denial

For over 30 years, the EB-5 investment program has offered foreign nationals a convenient and secure way to relocate to the United States. Many consider the EB-5 program to be the best visa-by-investment system in the world. Additionally, its beneficial effect on the U.S. economy has secured its continued popularity. Still, the EB-5 investment industry […]

No Progress in November 2021 Visa Bulletin

United States Citizenship and Immigration Services (USCIS) uses its monthly Visa Bulletins to indicate which EB-5 investors are eligible to apply for and receive conditional permanent resident status. EB-5 investors must undergo this two-year conditional residency period before permanently relocating to the United States. Unfortunately, the EB-5 investment industry has long been plagued by slow […]

How to Answer a Form I-526 Request for Evidence (RFE)

The requirements set out by United States Citizenship and Immigration Services (USCIS) for EB-5 investors are relatively straightforward—investors are required to meet the minimum investment threshold, use at-risk funds, create at least 10 jobs, and prove that their invested capital was sourced lawfully. Thanks to the EB-5 investment program’s accessibility, thousands of foreign nationals have […]

Zhang V. USCIS: A Policy-Changing Case

Historically, United States Citizenship and Immigration Services (USCIS) has maintained strict guidelines for EB-5 investment funds. One such mandate is that investors are expected to prove that their loans were secured by personal assets. The groundbreaking case Zhang v. USCIS is reshaping the rules for EB-5 investments. It has taken time, resources, and official court […]

Why Making a Direct EB-5 Investment is Advisable

The EB-5 program is a popular way for foreign nationals to obtain a U.S. green card. Because of the suspension of regional center investment in June 2021, many potential investors are looking for direct EB-5 investment projects. This investment type is regarded as one of the best options for foreign nationals seeking U.S. residency and […]

Why South Korean Nationals Should Participate in the EB-5 Program

For several years, South Korean nationals have been among the most loyal members of the EB-5 investment industry. The EB-5 program is open to qualifying investors from all nationalities, and there are no restrictions regarding an investor’s age or profession. Thousands of successful, high-net-worth South Koreans have relocated to the United States lawfully after making […]

Writ of Mandamus Lawsuits in the EB-5 Program

Many foreign nationals view the EB-5 Immigrant Investor Program as the most accessible way to relocate to the United States. Thousands of foreign nationals have obtained U.S. permanent resident status through the EB-5 investment program, and U.S. businesses have gained a valuable source of capital. Moreover, the EB-5 investment process is relatively straightforward. United States […]

Form I-829 Adjudication Remains Slow

The EB-5 investment program is popular among foreign nationals for many reasons. For instance, it offers accessible investment thresholds of $500,000 for targeted employment area (TEA) projects and $1,000,000 for non-TEA projects. Moreover, the EB-5 program sets out reasonable criteria regarding job creation, using at-risk funds, and other matters; many other visa-by-investment programs are far […]

Ending EB-5 Visa Backlogs with Three Legislative Provisions

Visa backlogs have long been an obstacle for foreign nationals waiting for their visas, including EB-5 Immigrant Investor Program participants. For some, the wait can take years, even if their I-526 petitions have been approved. Fortunately, the U.S. Citizenship Act of 2021 could change the visa backlog for good and possibly eliminate it altogether, which […]

USCIS Grants New Flexibility Extension in USCIS Request Response

On September 24, 2021, United States Citizenship and Immigration Services announced an additional extension of its March 30, 2020 decision to extend flexibilities in USCIS request responses. The original announcement was an effort to allow certain requesters, petitioners, and other applicants flexibility in responding to USCIS requests. Parties involved in any of the following response […]

EB-5 Visa Processing Statistics in FY2021 Q3

On August 17, 2021, United States Citizenship and Immigration Services (USCIS) published the FY2021 third quarter statistics (Q3) for all application types and petition forms, including the EB-5 statistics for Forms I-526 and I-829 from April 1, 2021, to June 30, 2021. The FY2021 Q3 EB-5 statistics data set shows how the U.S. District Court […]

Proving the Legality of Loaned EB-5 Investment Capital

Many foreign nationals have come to enjoy the benefits of relocating to the United States through the EB-5 investment program. United States Citizenship and Immigration Services (USCIS), the agency that regulates the EB-5 program, sets out that investors who invest in a new commercial enterprise (NCE) and create at least 10 jobs for U.S. workers […]

How to Make an EB-5 Investment in a Troubled Business

Thousands of foreign nationals have received U.S. permanent resident status after participating in the EB-5 Immigrant Investor Program. Obtaining an EB-5 visa is undoubtedly the best way to relocate to the United States—successful EB-5 investors gain the opportunity to live and work anywhere in the country. Moreover, EB-5 investors who obtain green cards can eventually […]

Reauthorization for the EB-5 Regional Center Program Is Urgent

The second half of 2021 has been a turbulent and historic time for the EB-5 Immigrant Investor Program—many of the program’s long-standing regulations have been altered, with both positive and negative consequences for investors. The first major alteration to the EB-5 program’s rules was the June 22, 2021, repeal of the much-criticized Modernization Rule. As […]

Direct EB-5 Investments Are on the Rise

Ever since the expiration of the EB-5 regional center program on June 30, 2021, the direct investment route has become much more popular—after all, direct investments do not depend on periodic government reauthorization. In fact, direct EB-5 investments have always been a viable option, even before the regional center program expired: they offer many unique […]

October 2021 Visa Bulletin: No Progress for China

The monthly Visa Bulletins published by United States Citizenship and Immigration Services (USCIS) indicate which EB-5 investors are eligible to receive their visas. Since USCIS adjudication times are typically slow, all EB-5 investors must be willing to wait several years before receiving their coveted permanent resident status. However, certain countries with particularly high volumes of […]

Requirements for EB-5 Investors

Thousands of foreign nationals have obtained permanent resident status and relocated to the United States through the EB-5 Immigrant Investor Program. Even though many other countries offer visa-by-investment programs, the EB-5 program is by far the most practical and efficient. Moreover, the minimum EB-5 investment amounts are $500,000 for targeted employment area (TEA) projects and […]

Why Direct EB-5 Investments Are Getting More Attention

Because of a June 22, 2021, federal court ruling, United States Citizenship and Immigration Services (USCIS) has reversed to the pre-November 2019 EB-5 regulations. Because of this court ruling and the expiration of the regional center program, direct EB-5 investment has come to be the sole option for foreign nationals. Industry leaders agree that direct […]

COVID-19 Vaccines Now Mandatory for Green Card Applicants

As of October 1, 2021, the Centers for Disease Control and Prevention (CDC) will require U.S. green card applicants to be vaccinated against COVID-19. This means that receiving a COVID-19 vaccine has been added to the Immigration and Nationality Act’s (INA’s) criteria for green card applicants. The INA already required applicants to be vaccinated against […]

Making an EB-5 Investment At $500,000

The EB-5 investment industry received shocking news on June 22, 2021: the controversial EB-5 Modernization Rule, which made several important changes to the EB-5 program, had been invalidated by a U.S. district court. Most EB-5 stakeholders celebrated the court’s decision—as a result of the ruling, EB-5 investments can now be made at $500,000 for targeted […]

Differences Between Direct and Regional Center EB-5 Investments

Obtaining an EB-5 visa is one of the most popular ways for foreign nationals to gain permanent resident status and relocate to the United States. This is unsurprising in light of the many benefits of participating in the EB-5 investment program, which allows foreign nationals to invest in a wide variety of U.S.-based new commercial […]

USCIS Appeals Modernization Rule Invalidation

The EB-5 investment industry has undergone several important changes since 2019. In November 2019, the controversial Modernization Rule changed the guidelines for targeted employment area (TEA) designation and raised the minimum investment amounts significantly. Since the higher minimum investment amounts of $900,000 for TEA projects and $1,800,000 for non-TEA projects made the EB-5 program less […]

How Could the Regional Center Program be Reauthorized?

Since the expiration of the EB-5 Regional Center Program on June 30, 2021, the EB-5 investment industry has been in a state of uncertainty. Regional center investments were suspended because Congress did not pass the EB-5 Reform and Integrity Act. This bill, which was introduced by Senators Patrick Leahy and Chuck Grassley, would have reauthorized […]

How to Choose a Reliable Direct EB-5 Project

The EB-5 Immigrant Investor Program, which has enabled thousands of foreign nationals to relocate to the United States, underwent significant changes in June 2021. On June 22, a district court repealed the EB-5 Modernization Rule, which had made several unwelcome alterations to EB-5 policies. As a result of the court’s ruling, the minimum EB-5 investment […]

What Drives the Popularity of the EB-5 Program?

Although the EB-5 Immigrant Investor Program came into existence in 1990, it took the residency-by-investment program around 20 years to gain traction and witness a large number of investors pursuing a U.S. green card through an investment. In fact, for many years, the program issued far fewer than the annual 10,000 visas it was allocated. […]

What Are Partial EB-5 Investments?

How Partial Investments Work A Hypothetical Example of a Partial EB-5 Investment Why Make a Partial EB-5 Investment? Wohali Utah: An Institutional-Quality EB-5 Project Accepting Partial Investment Since 1990, the EB-5 investment program has made it possible for foreign nationals to relocate to the United States by investing in qualifying businesses. Foreign nationals who make […]

Why Direct EB-5 Investments Will Likely Surge in Popularity

The EB-5 Immigrant Investor Program renders invaluable assistance to the U.S. economy by providing local businesses with much-needed EB-5 investment capital. Due to the thorough source-of-funds evaluations carried out by United States Citizenship and Immigration Services (USCIS), project developers can be sure that their EB-5 investment funds were sourced legally by qualifying foreign nationals. Despite […]

What Do TEA Map Searches Reveal?

EB5AN offers a free interactive targeted employment area (TEA) map that allows users to determine whether an address is in a TEA. In addition to determining TEA eligibility, users can also download a free TEA qualification report to include with their United States Citizenship and Immigration Services (USCIS) petitions. Why Is TEA Designation Important? The […]

The Benefits of Making a Direct EB-5 Investment

Thousands of foreign nationals have benefitted from participating in the EB-5 Immigrant Investor Program and are currently enjoying the benefits of obtaining U.S. green cards for themselves and their immediate family members. The EB-5 program enables foreign nationals to invest in qualifying U.S. businesses, create at least 10 full-time jobs, and thus apply for permanent […]

Exploring Current Trends in the Chinese EB-5 Visa Market

For years, China has been the country with the largest overall number of applicants to the EB-5 Immigrant Investor Program. As a result, Chinese investors seeking a Green Card in the United States through the EB-5 program have had to contend with challenges and delays, unlike foreign nationals from any other country in the world. […]

Why You Should Participate in the EB-5 Program

For many years, the EB-5 Immigrant Investor Program has been considered one of the most practical and rewarding visa-by-investment programs in the world. Even though the EB-5 investment industry is governed by numerous regulations, the basics of the program are relatively straightforward: Foreign nationals must make an investment in a qualifying new commercial enterprise (NCE) […]

The Enduring Success of the EB-5 Program

The EB-5 investment program is undoubtedly the best way for foreign nationals to begin a new life in the United States. The program enables foreign nationals to obtain U.S. green cards by investing in qualifying new commercial enterprises (NCEs). After making an EB5 investment that generates or saves at least 10 jobs and uses at-risk, […]

What Basic Requirements Do EB-5 Investors Have to Satisfy?

Making an EB-5 investment is one of the best ways a foreign national can pave the way to permanent immigration to the United States. EB5 investments are relatively straightforward and are open to nationals of any country, as long as they possess the capital means to make an EB-5 investment. However, it’s not quite as […]

Senate Confirms Ur Jaddou as Director of USCIS

The EB-5 Immigrant Investor Program has enjoyed immense popularity for many years and has long been considered one of the best ways to immigrate to the United States. EB-5 investment capital provides U.S. businesses with much-needed funds while enabling foreign nationals to apply for permanent resident status and relocate to the United States with their […]

The Benefits of U.S. Democracy for EB-5 Investors

The United States is famous for its strong democracy and the various rights and freedoms its people enjoy. Nearly half of the world’s countries operate under authoritarian or semi-authoritarian regimes, and many of the countries with democracy face flaws with their political system, which leaves the United States as a shining beacon of hope in […]

Most Popular Sources of Funds for EB-5 Investments

One of the beautiful things about the EB-5 Immigrant Investor Program is its flexibility. Foreign nationals from any country can participate in the residency-by-investment program, and their EB-5 investment capital can come from almost any source, as long as it is legal. This flexibility opens the program up to many foreign nationals dreaming of a […]

How to Obtain U.S. Permanent Resident Status Through the EB-5 Program

Many foreign nationals want to relocate to the United States and enjoy the country’s strong economy, political stability, high standard of living, and delightful culture. Perhaps the best way to obtain permanent resident status in the United States is to participate in the EB-5 Immigrant Investor Program. The EB-5 program, which has been active since […]

The Petition Process of the EB-5 Program

The EB-5 Immigrant Investor Program is famous for offering foreign nationals the opportunity to immigrate permanently to the United States in exchange for an EB-5 investment in a qualifying U.S. business, termed “new commercial enterprise” (NCE) in the EB-5 world. Though the EB5 investment journey may be quicker and easier than many other routes of […]

Regulating EB-5: Policy Issues in the EB-5 Program

The popularity of the EB-5 Immigrant Investor Program is undeniable—since 2008, the program has skyrocketed in demand, becoming a popular means of obtaining U.S. permanent resident status for foreign investors around the world. Nonetheless, the program remains controversial in the United States, and a sea of policy issues undermine its effectiveness for EB-5 investment participants, […]

How to Prepare for the EB-5 Investment Process

The EB-5 Immigrant Investor Program is one of the best ways for foreign nationals and their families to relocate to the United States and enjoy the country’s thriving economy and delightful culture. To qualify for permanent resident status, foreign nationals must make an EB5 investment in a qualifying U.S. enterprise and create or preserve at […]

August 2021 Visa Bulletin: Vietnam’s EB-5 Backlog Has Ended

United States Citizenship and Immigration Services (USCIS) has released the Visa Bulletin for August 2021, which contains thrilling news for the EB-5 investment industry. In many cases, the monthly Visa Bulletin reports long, stagnant wait times for EB-5 investors from backlogged countries. In contrast, the August 2021 Visa Bulletin has positive news for Chinese and […]

How Has the EB-5 Program Fared in the COVID-19 Pandemic?

There’s hardly a person in the world who hasn’t been affected by the worldwide pandemic caused by the COVID-19 virus. With millions of deaths, small businesses decimated, and public life entirely shut down, the world has never seen anything like it. EB-5 investment stakeholders were among those affected—2020 was, in various ways, not a good […]

EB-5 Petition Statistics for FY2021 Q2

There is a great deal of uncertainty surrounding the current state of the EB-5 Immigrant Investor Program. June 2021 was a pivotal month in the history of the EB-5 program—on June 22, the U.S. District Court of the Northern District of California ruled to invalidate the EB-5 Final Rule. This measure had raised the minimum […]

EB-5 Modernization Rule: Implementation and Repeal

More than 30 years have passed since the EB-5 Immigrant Investor Program was introduced in 1990, and a lot can change over three decades. The program spent its first two decades with little attention, issuing only a small portion of its annual 10,000 EB-5 investment visas. But after the 2008 financial crisis, popularity skyrocketed as […]

Direct EB-5 Investments: A Viable Alternative to Regional Center Projects

The U.S. government’s administrative decisions regarding the EB-5 Immigrant Investor Program have occasionally resulted in sudden or unexpected changes to the program’s regulations. For example, the EB-5 industry was rocked by the news that the regional center program had expired on June 30, 2021. Under the program, foreign nationals were able to make EB-5 investments […]

Economic Impact and Country Analysis of the EB-5 Program

When marketed to prospective foreign investors, the EB-5 Immigrant Investor Program is generally framed in terms of its benefits to foreign investors: for a one-time, largely passive EB-5 investment, a foreign national from any country can relocate to the United States and gain permanent residency for themselves and their immediate family members. But an EB5 […]

USCIS Releases Statement on EB-5 Final Rule Deauthorization

The EB-5 Immigrant Investor Program is widely viewed as an asset to the U.S. economy. Since 1990, the EB-5 program has allowed foreign nationals to apply for permanent resident status after investing the required amount of capital in a qualifying U.S. business. Since every EB5 investment must create the required number of jobs, the program […]

Regional Center EB-5 Investments: How Involved Must Investors Be?

The EB-5 Immigrant Investor Program offers foreign nationals a chance to start a new life in the United States in exchange for a qualifying EB-5 investment in a new commercial enterprise (NCE). EB-5 investors hail from all around the world and come from various backgrounds and walks of life, so a one-size-fits-all solution doesn’t accommodate […]

EB-5 Regional Center Program Suspended—What Now?

The first half of 2021 has been a suspenseful six months for the EB-5 investment community, with stakeholders bating their breath as they watched the rapidly unfolding developments in the EB-5 space. The EB-5 Regional Center Program has been a hallmark of EB-5’s success throughout the 2010s, when EB-5 demand reached an all-time high and […]

Although the Regional Center Program Expired on June 30, 2021, Investors Can Still Invest in Projects Directly

In light of the EB-5 regional center program’s expiration on June 30, 2021, many EB-5 investors and industry stakeholders are concerned about the EB-5 investment program’s future. However, despite the cause for concern, most industry representatives remain convinced that the regional center program will be reauthorized shortly. Many are pointing to direct investments as a […]

Making an EB-5 Investment as a U.S. Resident

Given that the EB-5 Immigrant Investor Program is designed to bestow U.S. permanent residency rights upon applicants in exchange for a successful EB-5 investment in a qualifying project, U.S. citizens are ineligible to participate. Foreign nationals residing in the United States on other visas may also overlook the program, since they’ve already attained residency rights. […]

How to Select a Reputable EB-5 Regional Center

All around the world, foreign nationals rely on the EB-5 Immigrant Investor Program to pursue a new, promising life in the United States for themselves and their immediate family members. U.S. permanent resident status for an EB-5 investor and their family offers invaluable benefits, such as facilitated enrollment at U.S. colleges, state-of-the-art health facilities, and […]

USCIS Historical Processing Times

Participants in the EB-5 Immigrant Investor Program are often concerned about United States Citizenship and Immigration Services (USCIS) processing times—and for good reason. Their immigration plans, and those of their immediate family members, are effectively on hold until their permanent residency status is confirmed. Unfortunately, the estimated processing time ranges provided on USCIS’ official government […]

Predictions of Clearing Up the Vietnamese EB-5 Backlog

One of the key issues that has plagued the EB-5 Immigrant Investor Program in the late 2010s has been the emergence—and continued deepening—of EB-5 backlogs. Backlogs are not unique to the EB-5 program—rather, they’re due to a United States Citizenship and Immigration Services (USCIS) policy that restricts annual visa allocation based on country of citizenship. […]

The Lawsuit Against the EB-5 Modernization Rule

Those in the EB-5 investment community have faced their fair share of challenges throughout the late 2010s and into the 2020s, including a global pandemic, but as the world begins to open up after COVID-19, the EB-5 world is being confronted with more hardships. Most pressingly, the looming sunset date of June 30, 2021, on […]

EB-5 Final Rule ($500K to $900K) Invalidated by Federal Court Without Injunction Preventing Rule Reinstatement by Mayorkas

On June 22, 2021, Judge Jacqueline Scott Corley of the U.S. District Court of the Northern District of California (the “Court”) issued an order granting summary judgment in Plaintiff’s favor in the matter of Behring Regional Center LLC V. Chad Wolf, et al. In summary, Plaintiff sought both (1) a declaratory judgment that the Final […]

July 2021 Visa Bulletin: Vietnam’s Huge Leap Forward

It’s been a while since a monthly Visa Bulletin from United States Citizenship and Immigration Services (USCIS) has offered the EB-5 investment community good news of any magnitude. The three-week jump in the Chinese final action date in the June 2021 Visa Bulletin was good news, but only because the Chinese final action date hadn’t […]

The EB-5 Regional Center Program Needs Permanent Authorization

Throughout the beginning of 2021, EB-5 investment participants have faced an uncertain battle for the continued authorization of the EB-5 Regional Center Program, through which more than 95% of EB5 investments are made. The EB-5 Immigrant Investor Program itself is a permanent government program, but the regional center program, which allows United States Citizenship and […]

The Most Common Reason for I-526 Petition Denial

In the EB-5 Immigrant Investor Program, as in life, there are no guarantees. There are no steps an EB-5 investor can take in preparing their I-526 petition to guarantee that United States Citizenship and Immigration Services (USCIS) will approve. The majority of I-526 petitions are approved, so anyone who makes an EB-5 investment has a […]

Favorable Policy Updates at USCIS

Throughout the late 2010s, EB-5 investors and other stakeholders have grown wary of policy updates from United States Citizenship and Immigration Services (USCIS), which have often been negative—and applied retroactively. A case in point is the redeployment policy update that came in July 2020, which the immigration agency applied retroactively by officially terming it a […]

Comparing the EB-5 Reform and Integrity Act to the Alternative

In 2021, the EB-5 Immigrant Investor Program community has been abuzz with the very real possibility of EB-5 Regional Center Program suspension after June 30, 2021. Traditionally, the regional center program has been reauthorized in conjunction with a broader government spending bill that was guaranteed to be passed. But when Congress reauthorized the program in […]

Why Is the EB-5 Program So Popular?

When the EB-5 Immigrant Investor Program was first created in 1990, it didn’t garner a lot of attention, and for years, the program failed to dole out the majority of the visas allocated to it each year. The 2008 crisis was a turning point, and what started as a slow increase blossomed into skyrocketing demand, […]

Can Investors Use Unsecured Loans for the EB-5 Visa Program?

In the past, there was much confusion and controversy about whether unsecured loans can be used to fund investments for the EB-5 Immigrant Investor Program. Unlike a secured loan, an unsecured loan is one that is not backed by any specific collateral. Instead, lenders approve these loans based on the principal borrower’s creditworthiness, income, debt-to-income […]

What Could Happen If the EB-5 Regional Center Program Expires

In 2021, EB-5 investors and other stakeholders in the EB-5 Immigrant Investor Program industry have faced an uncertain future, with the EB-5 Regional Center Program scheduled to expire on June 30, 2021. The regional center program, which oversees a large network of EB-5 regional centers across the country through which foreign nationals can make more […]

Biden’s USCIS Senate Nominee: What She Can Bring to USCIS?

On May 26, 2021, a congressional hearing was held for Ur Jaddou, President Biden’s nominee to lead United States Citizenship and Immigration Services (USCIS). Speaking before the Senate Judiciary Committee, Jaddou emphasized her commitment to reducing ever-increasing visa backlogs at USCIS. Jaddou’s nomination is one more move in a string of initiatives the Biden administration […]

What Documents Are Required for an I-526 Petition?

Any foreign national interested in the EB-5 Immigrant Investor Program as a relatively quick and simple way to gain U.S. permanent residency rights for themselves and their qualifying family members should familiarize themselves with the I-526 petition. This important petition is an immigrant investor’s first contact with United States Citizenship and Immigration Services (USCIS), and […]

The Steps to an EB-5 Green Card

Interested in forging a new life in the land of the free? The EB-5 Immigrant Investor Program makes it possible. Tens of thousands of immigrant investors and their families have already set up house in the United States after completing a successful EB-5 investment. Investors need only make a largely passive investment of $900,000 (if […]

Chinese Final Action Date Finally Moves Ahead in June 2021 Visa Bulletin

Every month, the U.S. Department of State – Bureau of Consular Affairs releases a new Visa Bulletin for employment-based and family-based immigration to the United States. With demand for immigration to the United States far outpacing the supply of visas, country-based annual visa caps result in lengthy backlogs for nationals of certain countries, and the […]

What Is a TEA, and Why Should You Make an EB-5 Investment in One?

If a foreign national makes an EB-5 investment in a qualifying project and fulfills the various requirements laid out by United States Citizenship and Immigration Services (USCIS), they—and their immediate family members—will receive permanent resident status in the United States. In terms of qualifying for a green card, all EB-5 projects are equal—all successful EB5 […]

Why Make an EB-5 Investment? Three Major U.S. Green Card Benefits

Permanent resident status in the United States is something most people in the world can only dream of. Boasting the world’s largest economy, unparalleled freedom, and state-of-the-art health and education facilities, the United States is the number one destination of immigrants worldwide. The problem is that immigration is difficult, especially when it’s to such a […]

Becoming American: How EB-5 Investors Can Apply for U.S. Citizenship

For many EB-5 investors, the ultimate objective is not U.S. permanent resident status but rather U.S. citizenship. While permanent residents enjoy most of the same rights and freedoms as U.S. citizens, there are limitations: permanent residents are barred from taking up political office, and they must avoid spending too much time abroad, lest they risk […]

What Does Indirect Job Creation Mean in the EB-5 Program?

The EB-5 Immigrant Investor Program represents one of the most popular ways for foreign nationals with the financial means to gain permanent residency in the United States, offering permanent resident status in exchange for a substantial, lawfully sourced, job-creating investment in a qualifying EB-5 project. But it is simultaneously demonized in the press and branded […]

How Likely Is EB-5 Approval?

While an EB-5 investment can be a lucrative financial decision that generates a handsome return on investment, most EB-5 investors participate in the EB-5 Immigrant Investor Program primarily—or even solely—to obtain a U.S. green card and live permanently in the United States. This makes the likelihood of EB-5 approval the driving factor behind many foreign […]

Make the Most of University in the United States with an EB-5 Visa

The United States is the most sought-after destination for students around the world, with top-ranked Ivy League colleges and other highly esteemed institutes dotting the country. Every year, thousands of foreign nationals enter the United States on an F-1 student visa to pursue a four-year university degree and, hopefully, obtain a job in the United […]

New EB-5 Bill Introduced to House of Representatives

The numerous problems that have plagued the EB-5 Immigrant Investor Program in the 2010s are well known. 2020 was a particularly difficult year for the residency-by-investment program—and for much of the world—due to the devastation caused by the COVID-19 pandemic, the significantly diminished EB-5 investment demand inspired by the Modernization Rule’s higher minimum required EB5 […]

Why the EB-5 Program Is More Than Just an Immigration Program

If the popularity of the EB-5 Immigrant Investor Program is anything to go by, it offers important benefits to foreign nationals who choose to embark on an EB-5 investment journey. Throughout the program’s three-decade history, it has helped hundreds of thousands of investors settle into their new, permanent lives in the United States, all the […]

New Full Counties Qualify as TEAs Based on Latest 2020 BLS Employment Data

The EB-5 investment program requires a capital commitment of $1.8 million from an immigrant investor seeking permanent residency in the United States. However, investors can reduce the minimum investment requirement to only $900k if they choose an investment located in a targeted employment area (TEA). An area is considered a TEA if it is located […]

EB-5 Processing Data in FY2021 Q1

As the world heads into continued turmoil caused by the COVID-19 pandemic, United States Citizenship and Immigration Services (USCIS) has released the EB-5 petition processing data for FY2021 Q1 (October–December 2020). This data release closes out the tumultuous year of 2020, and the figures it offers cannot necessarily be extrapolated for future predictions due to […]

Visa Bulletin for May 2021: Vietnam Starts to Move Ahead

Wondering what the final action dates and dates for filing are for backlogged EB-5 Immigrant Investor Program participants in May 2021? The U.S. Department of State – Bureau of Consular Affairs has released the Visa Bulletin for May 2021. While Chinese nationals involved in an EB-5 investment should prepare for another month of disappointment, Vietnamese […]

A Step-by-Step Guide for NCEs Dealing with a Defaulting EB-5 Project

Every year, thousands of foreign nationals make EB-5 investments, aiming for a brighter future with their families in the United States. The EB-5 Immigrant Investor Program is largely seen as the quickest and simplest means to permanent U.S. immigration, and generally, those who prioritize care and meticulous due diligence in their EB5 investment process successfully […]

Immigration Concerns in EB-5 Investments in Defaulting Projects

Since 1990, the EB-5 Immigrant Investor Program has paved the way to permanent resident status in the United States for thousands of immigrant investors and their immediate family members, generally constituting one of the quickest and easiest means of obtaining a U.S. green card. EB-5 investments are generally successful, but the EB-5 program stipulates a […]

Making an EB-5 Investment with Gifted Capital

The EB-5 Immigrant Investor Program, in place since 1990, offers the ideal opportunity for any foreign investor dreaming of a life in the United States: for $1.8 million—or $900,000, depending on the targeted employment area (TEA) status of the project—investors can make a passive EB-5 investment and gain U.S. permanent resident status for themselves and […]

Why You Should Immigrate to the United States Despite COVID-19

International travel has become significantly more difficult during the COVID-19 pandemic. However, while travel and immigration to the United States remain challenging during the pandemic, immigration remains a great option in a post-pandemic world. The EB-5 program is considered the most efficient path to obtain U.S. permanent residency. This article explains the benefits to immigrating […]

Senators and Bad Press Spread Misconceptions about the EB-5 Program

Four U.S. senators — Tom Cotton, Ted Cruz, Josh Hawley, and Chuck Grassley — pushed for the suspension of employment-based immigration programs, including the EB-5 program, in a May 7 letter to former President Trump. This effort followed rumors spread by Politico, that former President Trump’s coronavirus relief bill would enact significant changes to the […]

How to Make Your EB-5 Investment During the COVID-19 Pandemic

Like most industries, the COVID-19 pandemic has affected many aspects of the EB-5 program. However, United States Citizenship and Immigration Services (USCIS) has continued to process EB-5 petition adjudications throughout the pandemic. Foreign investors looking to obtain an EB-5 visa are still able to prepare for and potentially initiate EB-5 investments. In order to complete […]

A Rundown of the EB-5 Program

To say that people around the world dream of a life in the United States would be an understatement. With the world’s strongest economy, world-renowned higher education institutes, and state-of-the-art health care facilities, the United States offers a life that people in most countries can only dream of. Billions around the world have also fallen […]

Why Most EB-5 Investors Choose Regional Center Investment

Whether a foreign national makes an EB-5 investment through a USCIS-approved regional center or directly in their chosen EB-5 project, the outcome of a successful investment is the same: U.S. permanent resident status for the investor and their immediate family members. Success is contingent on meeting the various requirements of the EB-5 program, including investing […]

Considerations in EB-5 TEA Eligibility Calculation: Timing and Rolling Calculations

The EB-5 Immigrant Investor Program is a successful U.S. green-card-by-investment program that, since its inception in 1990, has contributed billions in foreign capital to the U.S. economy and funded the creation of hundreds of thousands of new jobs. The foreign nationals who provide the EB-5 investment capital are issued green cards, assuming their investment satisfies […]

Addressing the EB-5 “Lawful Sources of Funds” Requirement

Since 1990, foreign nationals from various countries have taken advantage of the EB-5 Immigrant Investor Program to start a new life in the United States with their spouse and unmarried children younger than 21. Investors must part with $1.8 million—$900,000 for targeted employment area (TEA) projects—but an EB-5 investment in a bright, promising future in […]

What Data Can EB-5 Investors Use to Justify TEA Designation of Their Project?

Since 1990, foreign investors interested in obtaining U.S. permanent resident status for themselves and their immediate family members have had a lucrative option available to do so: the EB-5 Immigrant Investor Program. For years, the program has granted U.S. green cards to foreign nationals who make successful EB-5 investments, meeting the various program requirements and […]

USCIS’s EB-5 Redeployment “Clarification” Spells Unknown Consequences for Investors

Try as United States Citizenship and Immigration Services (USCIS) might to infuse the EB-5 Immigrant Investor Program with obstacles and hardships, the residency-by-investment program remains one of the fastest and simplest pathways to permanent U.S. immigration. Since 1990, the program has been issuing U.S. green cards to foreign nationals who make a qualifying EB-5 investment […]

What Does the EB-5 Reform and Integrity Act Entail?

As the EB-5 Regional Center Program sunset date of June 30, 2021, hurtles closer and closer, the EB-5 investment world finds itself in a bind. Without the omnibus government funding bill the program’s reauthorization has traditionally been tied to, the possibility of regional center program termination has become a very real possibility. With three months […]

Progress Toward EB-5 Reform

The need for reform has long been noted in the EB-5 Immigrant Investor Program community, but action has been slow. Ever-lengthening processing times have plagued the program since roughly 2014, when the infamous Chinese backlog was born. The EB-5 Regional Center Program, which allows foreign nationals to make an EB-5 investment through an approved regional […]

Visa Bulletin for April 2021: Vietnam Moves Ahead, China Stays Put

The coming of a new month once again brings a new Visa Bulletin from the U.S. Department of State—Bureau of Consular Affairs. With fiscal year 2021 more than halfway over, United States Citizenship and Immigration Services (USCIS) has still done little to use up the more than 18,000 visas allocated to the EB-5 Immigrant Investor […]

EB-5 Backlogs May Not Be Around for Much Longer

As advantageous as the EB-5 Immigrant Investor Program is for foreign nationals looking for a permanent life in the United States, the slow, inefficient processing practices at United States Citizenship and Immigration Services (USCIS) can cause major headaches for EB-5 investment participants, particularly those from backlogged countries. The program has been plagued with problems since […]

EB-5 Adjustment of Status: Form I-944 Eliminated

Though most foreign nationals who participate in the EB-5 Immigrant Investor Program do so from their home country, a number of applicants make their EB-5 investment from within the United States. These investors already hold valid non-immigrant visas—such as a student visa or an H-1B work visa—and use an EB5 investment to obtain permanent residency […]

Changes to the EB-5 Program Likely After June 30, 2021: Apply Now

Throughout most of its more than 30-year history, the EB-5 Immigrant Investor Program has leaned on the ever-popular EB-5 Regional Center Program to help guide foreign nationals through the EB-5 investment process and maximize the job creation potential of the program while protecting investors’ interests. Given the overwhelming success of the regional center program and […]

EB-5 Reform Needed to Ensure National Security

Calls for reform to the United States’ popular residency-by-investment program, the EB-5 Immigrant Investor Program, have grown louder and more numerous over the years, especially as United States Citizenship and Immigration Services (USCIS) issues continue to accumulate and EB-5 backlogs grow ever longer. EB-5 investment stakeholders have become particularly vocal about the need for EB-5 […]

Consular processing

Why EB-5 Adjudication Times May Speed Up Dramatically

Lengthy processing times for I-526 petitions (the first visa petition filed by EB-5 investors) have long plagued the EB-5 Immigrant Investor Program, leaving qualified investors in limbo for years waiting for their conditional permanent resident status. For those unfortunate to hold a passport from a backlogged country—as of January 2023, China and India—waits are even […]

EB-5 Demand Surging in 2021

Hot off the heels of a tumultuous 2020, which saw a mere 114 new applicants to the EB-5 Immigrant Investor Program, 2021 is ramping up to welcome far more immigrant investors to the famed residency-by-investment program. Many of these new EB-5 investment participants are living in the UAE, but not necessarily as citizens. The bulk […]

When Should I Start Preparing My I-526 Petition?

Anyone who wishes to immigrate to the United States by making an EB-5 investment under the EB-5 Immigrant Investor Program must set the process in motion by filing Form I-526 with United States Citizenship and Immigration Services (USCIS). The program is fairly straightforward, offering foreign investors U.S. permanent resident status in exchange for a qualifying […]

How to Create an EB-5 TEA with Adjacent Census Tracts

Any foreign investor hoping to immigrate permanently to the United States should consider the EB-5 Immigrant Investor Program, which offers permanent resident status in exchange for a successful EB-5 investment in a qualifying EB-5 project. For an EB5 investment to be considered successful, it must satisfy a myriad of requirements that make it beneficial for […]

USCIS Updates “EB-5 General Questions and Answers” Document

When United States Citizenship and Immigration Services (USCIS) held an EB-5 engagement presentation on November 11, 2020, it failed to touch on pertinent questions posed by EB-5 industry leaders. However, in a quiet and belated response, USCIS did answer—or at least address—some of the questions it ignored in the public engagement when it updated its […]

Navigating SEC Regulations in EB-5 Redeployments

Given that the EB-5 Immigrant Investor Program constitutes one of the quickest and simplest ways to attain U.S. permanent resident status, its popularity has ballooned over the years since its 1990 inception. The program, originally created to attract foreign capital to the United States and drive job creation, has injected billions in foreign capital into […]

Considerations for EB-5 Redeployments After July 2020 Policy Alert

The EB-5 Immigrant Investor Program has remained a favorite U.S. immigration program among foreign investors since its inception in 1990, promising U.S. green cards for a qualifying investor and their immediate family members upon the completion of a successful EB-5 investment that creates at least 10 new jobs for U.S. workers. With EB-5 demand particularly […]

Is the United States Doing Enough for Hong Kong EB-5 Investors?

The Hong Kong Autonomy Act is a sanctions package designed to penalize banks that conduct business with Chinese officials and was recently passed in the United States by Congress. These measures were a response to China’s enactment of the new Hong Kong security law—a piece of Chinese legislation that governing bodies across the globe condemn […]

Decreased I-526 Volume Offers a Chance to Reduce EB-5 Backlogs

According to statistics pulled from the United States Citizenship and Immigration Services (USCIS) data for FY2020 Q4 (July–September 2020), new I-526 receipts at the immigration body are the lowest they’ve been in years. While it’s easy to see diminished demand as a reason to steer clear of the EB-5 Immigrant Investor Program, it may actually […]

How Could the EB-5 Reform and Integrity Act Revolutionize the EB-5 Program?

Even as the world descends further into COVID-induced chaos in 2021, potential for large-scale positive reform swirls about the EB-5 industry. A month and a half into the year, EB-5 investment stakeholders have witnessed freshly inaugurated President Biden’s pledge to overhaul the U.S. immigration system by clearing up backlogs, shortening processing times, and removing country-based […]

EB-5 Attorneys Rethink the Fight Against Unreasonable Delays

The writ of mandamus: A seemingly singular option in the broken case inquiry system of United States Citizenship and Immigration Services (USCIS), it is an action designed to force the hand of USCIS adjudicators on pending I-526 and I-829 petitions. Unfortunately, this course of action also poses the inherent threat associated with immediate adjudication – […]

Why South Africans Are Hedging Their Bets in EB-5 Investments

Every year since the initiative’s inception, the EB-5 Immigrant Investor Program has grown in popularity. It was designed to attract foreign nationals to invest in the U.S. economy, and in exchange for a qualifying investment, they and each of their eligible family members may obtain a green card. The most recent fiscal data release reveals […]

Biden Administration Promises Immigration Reform Favorable for EB-5

It’s hardly a secret that the Biden administration is far friendlier toward immigration than the Trump administration was. While President Trump introduced various hurdles for newcomers to the United States, including an outright ban on most forms of immigration throughout 2020, President Biden has announced that comprehensive legislative reform to United States Citizenship and Immigration […]

Alejandro Mayorkas Confirmed as Secretary of DHS

Good news for the EB-5 community: Alejandro Mayorkas, Biden’s pick to head the Department of Homeland Security (DHS), has officially been confirmed by the Senate. Mayorkas, whose family fled Cuba for Los Angeles when he was just an infant, built an impressive legal career for himself before diving into politics, serving in positions in the […]

Analyzing EB-5 Form Data from FY2020 Q4

To say FY2020 was a volatile year is an understatement. 2020 will forever be known as the year the COVID-19 pandemic struck the world, a crisis that has also had devastating effects on the EB-5 Immigrant Investor Program and the thousands of investors in the throngs of EB-5 uncertainty. Those with EB-5 investments active throughout […]

Analyzing the Trends of the EB-5 Visa Bulletin

The EB-5 Immigrant Investor Program has long been a popular way for foreign investors to gain permanent residency in the United States for not only themselves but also their immediate family members. In fact, for some, the program has proven too popular—as of January 2021, EB-5 investment participants from China and Vietnam face lengthy backlogs […]

What the Appointment of Alejandro Mayorkas as Secretary of DHS Could Mean for the EB-5 Program

On January 19, 2021, just a day before President Biden’s inauguration, a Senate confirmation hearing was held for Alejandro Mayorkas, Biden’s choice to head the Department of Homeland Security (DHS). The secretary of DHS performs important work in overseeing U.S. immigration policy, and as a residency-by-investment immigration program, the EB-5 Immigrant Investor Program falls under […]

EB-5 Investors: Have You Received Post-COVID Securities Disclosures?

Since the COVID-19 viral outbreak, U.S. financial markets have fluctuated as governmental and regulatory bodies work to respond. Annual business planning and results have already all but gone out the window for many businesses across an exorbitant number of industries this year, and we still have some time before the true impact of these disruptions […]

Perfect EB-5 Project or Marketing Ploy to Pique Investor Interest?

The choice to participate in the EB-5 Immigrant Investor Program is a decision that has the potential to change the trajectory of a prospective foreign investor’s life (not to mention that of their eligible immediate family members). The stress of navigating the complexities of today’s EB-5 marketplace and all the decisions involved in making the […]

How Will a Biden Administration Change the EB-5 Program?

On January 20, 2021, President-Elect Joe Biden will take over the White House, signaling the end of the Trump administration. Assuming office in the midst of the most severe pandemic since the early 20th century, Biden will undoubtedly have his hands full, overseeing far more than just the EB-5 Immigrant Investor Program. Nonetheless, the impending […]

Special USCIS Measures for Pending EB-5 Petitions During COVID-19

The COVID-19 pandemic ripped through the world mercilessly in 2020, leaving economies and livelihoods across the globe in ruin. Even now in January 2021, the pandemic rages on, with strict lockdowns and rigorous border restrictions from the UK to Japan. The EB-5 Immigrant Investor Program and the thousands of foreign nationals involved in active EB-5 […]

The Impact of the Pandemic on Citizenship Planning

As custodians of public health during the COVID-19 crisis, governmental bodies all around the globe have found necessity in the temporary limitation of their citizens’ personal freedoms. This is most visible through adjustments to social benefits, the application of travel restrictions, and mandates on who can work and where they may do so, as well […]

Navigating EB-5 Distressed Business Investments During COVID

The COVID-19 viral outbreak that began in early 2020 has been a major catalyst in the continued fluctuations in the U.S. financial markets. All the careful planning and projecting EB-5 investment teams performed for the year has likely gone out the window, and we won’t understand the extent of the pandemic-related disruptions for quite some […]

Oppenheim’s Take on EB-5 Estimated Wait Times

Industry expert Charles Oppenheim, who heads the United States Department of State’s Visa Control & Reporting Division, provided insights for FY2021 with a virtual keynote address on EB-5 investment visa availability in November 2020. In it, he presented his thoughts on the future effects of consulate activity slowdowns in 2020 and how adjustment-of-status protocols may […]

Disclosures Prospective EB-5 Investors Should See Amid COVID-19

U.S. financial market conditions have fluctuated wildly in the wake of the COVID-19 pandemic as well as the governmental and regulatory responses that have followed. Existing operations and prospective businesses across a myriad of industries have seen disruptions in both planning and results. While the true extent of pandemic effects has yet to come to […]

Congress Extends EB-5 Regional Center Program to Mid-2021

Foreign investors looking to permanently immigrate to the United States would do well to consider the EB-5 Immigrant Investor Program, which is considered among the fastest and simplest ways to attain U.S. permanent resident status. Those who choose to make an EB-5 investment to gain green cards for themselves and their immediate family members are […]

January 2021 Visa Bulletin: Slow Start to the New Year for Backlogged EB-5 Investors

The EB-5 Immigrant Investor Program has been a favorite among foreign investors since its debut in 1990. Established by Congress to funnel foreign capital into the U.S. economy and drive job creation, the program attracts foreign nationals from all over who infuse their EB-5 investment capital into qualifying new commercial enterprises (NCEs), in exchange receiving […]

I-829 Processing in FY2020 High but Growing More Unpredictable

As 2020 winds to a close, the world remains volatile and unpredictable. COVID-19 vaccines are in the works, with the first doses having already been administered in the United States and a handful of other countries, but the pandemic rages on, threatening to keep public life heavily restricted for the foreseeable future. The EB-5 Immigrant […]

The EB-5 Reform and Integrity Act of 2020: A Potential EB-5 Reform?

Since 1990, the EB-5 Immigrant Investor Program has provided a relatively quick and simple pathway for foreign investors to obtain U.S. green cards for themselves, their spouse, and their unmarried children younger than 21. Even throughout the turmoil of 2020, with much of the United States shut down due to the COVID-19 pandemic, the program […]

An Analysis of I-526 Processing Figures in FY2020

As calendar year 2020 comes to an end, fiscal year 2020 already ended on September 30, 2020. The year constituted the most unpredictable and volatile one on record in the EB-5 Immigrant Investor Program’s 30-year history, with the COVID-19 pandemic sweeping the globe, destroying economies, and placing EB-5 investors waiting for visa interviews in limbo. […]

Bill S.386 May End the Country Cap on EB-5 Visas

Since the dawn of United States Citizenship and Immigration Services (USCIS), most immigration programs have been subject to country caps—in other words, only a limited number of visas can be allocated to applicants from a given country in a given fiscal year. Considering the stark population differences among countries—China and Grenada are hardly comparable—this practice […]

EB-5 Regional Center Program Extended One Week to December 18, 2020

The EB-5 Immigrant Investor Program is one of the most popular U.S. immigration paths for foreign investors, attracting millions in foreign investment capital to the United States each year. The EB-5 program offers investors two pathways to obtain U.S. green cards for themselves and their immediate family members: direct investment in a qualifying EB-5 program, […]

H1-B Visa Applicants: Why Staying the EB-5 Course May Be Best

The last two years saw H1-B visa candidates flocking to the EB-5 Immigrant Investor Program, thus creating a niche domestic market for developers involved in the EB-5 program. Part of the reason was that visa retrogression drove investors such as those from India to turn to the EB-5 program as a faster alternative route on […]

A Basic Overview of the EB-5 Immigrant Investor Program

The EB-5 Immigrant Investor Program, an employment-based U.S. immigration program established in 1990, has been offering foreign investors a valuable opportunity to obtain permanent resident status in the United States for decades. It was designed to be mutually beneficial to foreign investors and the U.S. government—in exchange for a hefty EB-5 investment in a new […]

Answers to 10 Frequently Asked Questions About the EB-5 Program

Participating in the EB-5 Immigrant Investor Program can be one of the most exciting pathways a foreign national can take to permanent residency in the United States. While it is arguably one of the easiest ways for qualified investors to secure U.S. green cards for themselves and their eligible family members, there are a lot of moving […]

EB-5 Visa Availability According to Charles Oppenheim

U.S. Department of State (DOS) Chief of Visa Control and Reporting Division Charles Oppenheim held a virtual keynote address on EB-5 visa availability in mid-November 2020. This webinar followed the opening of the new fiscal year for the EB-5 Immigrant Investor Program, at which time United States Citizenship and Immigration Services (USCIS) allocates its annual […]

EB-5 Industry Forum in November 2020 Offers Disappointment

Starting November 10, 2020, Sarah Kendall and the Immigrant Investor Program Office (IPO) took two weeks out of their not-so-busy adjudication time to disappoint the EB-5 investment industry and avoid questions during their virtual industry forum. Although the event has now ended, interested EB-5 industry participants can access the material from the first day in […]

2020 Industry Trends and the Impact on Future EB-5 Immigration

Immigration industry experts around the globe are taking time to hash out the myriad of challenges faced in recent years, how they impact this sector, and how they will likely continue to do so. In particular, the United States’ residency-by-investment initiative, the EB-5 Immigrant Investor Program, is expected to face its own unique set of […]

December 2020 Visa Bulletin Shows EB-5 in a Holding Pattern

While the industry saw significant delays in the publishing of the November 2020 Visa Bulletin, a closer-to-timely release of December’s bulletin indicates the State Department’s efforts to play catch-up. That said, apart from most countries in the EB-5 program maintaining current final action cut off dates, the news still isn’t as promising as the EB-5 […]