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

Foreign nationals from many countries have participated in the EB-5 investment program and obtained U.S. permanent resident status. Unlike other immigration opportunities, which can be extremely uncertain and lengthy, the EB-5 program sets out clear requirements for its investors. As long as a foreign national makes an EB-5 investment in compliance with United States Citizenship […]

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 […]

Current Trends in the Chinese EB-5 Market

Since the inception of the EB-5 Immigrant Investor Program in 1990, thousands of foreign nationals have obtained U.S. permanent resident status after making an EB-5 investment. The EB-5 program offers foreign nationals a practical way to relocate to the United States along with their families, all while benefiting U.S. businesses through much-needed EB-5 investment capital. […]

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 Revises Historical Average Processing Times Page

Participants in EB-5 investments have long been concerned about processing times, which have grown increasingly longer throughout the 2010s as with a rise in EB-5 Immigrant Investor Program demand and a fall in United States Citizenship and Immigration Services (USCIS) productivity. It has become commonplace to wait two or three years to receive conditional permanent […]

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 EB-5 Investors Use Unsecured Loans? The Zhang v. USCIS Ruling

If a foreign national wishes to make an EB-5 investment in a more prosperous future for themselves and their immediate family members in the United States, they must fulfill a number of strict EB-5 program requirements. Perhaps the most stringent is the source-of-funds requirement, which forces EB-5 investment participants to compile a comprehensive paper trail […]

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 […]

Growing Support for EB-5 Reform Bill

Coming out of the tumultuous year of 2020, the EB-5 Immigrant Investor Program has continued to face hardship and uncertainty in the first half of 2021. The EB-5 Regional Center Program, an integral part of the popular residency-by-investment program, is slated for termination on the sunset date of June 30, 2021, following its separation from […]

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 […]

How Will the 2020 U.S. Election Results Affect the EB-5 Program?

The 2020 U.S. presidential election has been one of the most contentious in recent history, with growing polarization fueling animosity on both sides of the political spectrum. After four tense days of Americans’ eyes glued to the results as they rolled out, Joe Biden was finally declared the projected winner of the election. It’s clear […]

FY2020 Q3 EB-5 Processing Data Shows Low Adjudication Figures

United States Citizenship and Immigration Services (USCIS) regularly releases comprehensive processing data on the different types of petitions it works with on its Immigration and Citizenship Data page, albeit with a several-month-long delay. In November 2020, the immigration body finally published the processing data for FY2020 Q3 (April to June 2020), and it doesn’t paint […]

Historical National Average Processing Times for I-526 Petitions Reaches Five-Year Low

When foreign nationals commit to making an EB-5 investment in the EB-5 Immigrant Investor Program, it isn’t clear when exactly they will receive their conditional permanent resident status in the United States. An investor and their immediate family members are eligible for conditional U.S. green cards following approval of the investor’s I-526 petition, but processing […]

10 Frequently Asked Questions About EB-5

1. What is an EB-5 visa? An EB-5 visa is an immigration visa for U.S. permanent residency, also known as a green card. An EB-5 visa is an employment-based green card that is based on U.S. job creation and investment. Most other immigration visas are derived from either family-based relationships or employment-based sponsorships. 2. What […]

Expedited EB-5 Projects: An Overview

Despite the EB-5 Immigrant Investor Program being among the quickest ways to obtain U.S. residency, the wait time can be long—often two years and sometimes longer. For EB-5 investors from countries not listed as “current” in the monthly Visa Bulletins, the wait is longer: five to 15 years. The benefits of living in the United […]

An Exploration into I-829 Processing Times

If anyone looks up the estimated processing time range for I-829 petitions as listed on the United States Citizenship and Immigration Services (USCIS) Check Case Processing Times page today, November 3, 2020, they may be in for a shock. The lower figure in the range is 36.5 months—nothing shocking about that number—but the higher figure […]

What Factors Influence EB-5 Visa Wait Times?

The EB-5 Immigrant Investor Program may be one of the quickest and simplest pathways to U.S. permanent residency, but that doesn’t mean the process is necessarily quick or simple. Lengthy wait times have long plagued the EB-5 program, particularly for investors from backlogged countries. Excessive EB-5 demand is clearly one contributing factor to long wait […]

Why COVID-19 Is a Great Time to Invest in the EB-5 Program

The devastation that the COVID-19 pandemic has caused, including in the United States, is not news to anyone. As the world moves into a second wave and Europe sees the re-emergence of lockdown measures, immigration may be the last thing on most people’s minds. But in fact, the COVID-19 pandemic may present the perfect opportunity […]

Switching from an E-2 Visa to an EB-5 Investment Visa

A life in the United States is highly sought after among foreign nationals around the world. For foreign investors and entrepreneurs, there exist multiple pathways to gain residency in the world’s largest economy, each with its own pros and cons. Two popular U.S. immigration programs for foreign investors and entrepreneurs include the E-2 visa program […]

November 2020 Visa Bulletin Shows Little Movement

As we enter the second month of FY2021, the EB-5 final action dates show no sign of jumping forward rapidly. The figures come as a disappointment to the many Chinese and Vietnamese applicants with EB-5 investments waiting to finally begin their new lives in the United States. FY2021 has potential to be a phenomenal year […]

How to Determine TEA Status without a TEA Designation Letter

The EB-5 Immigrant Investor Program, which carves out a pathway for foreign investors to obtain U.S. green cards for themselves and their immediate family, offers two types of investment projects: those located within a targeted employment area (TEA), and those that are not. The majority of foreign nationals who make an EB-5 investment to obtain […]

What Can EB-5 Investors Expect When Compiling Their I-526 Petition?

The I-526 petition is the first step to initiating the EB-5 process with United States Citizenship and Immigration Services (USCIS). In an I-526 petition, an EB-5 investor outlines details about themselves and their chosen EB-5 project, including the likelihood of the new commercial enterprise (NCE) to create at least 10 new full-time jobs for U.S. […]

Virtual EB-5 Q&A with IPO Chief Sarah Kendall on November 10

While the EB-5 Immigrant Investor Program is generally the quickest and easiest pathway for a foreign national to gain U.S. permanent resident status, that doesn’t mean the program isn’t complex. Each EB-5 project and each EB-5 investment involves a multitude of factors that an investor must navigate to ultimately emerge victorious with U.S. green cards […]

Number of Approved EB-5 Regional Centers Continues to Dwindle

Foreign nationals who participate in the EB-5 Immigrant Investor Program have two pathways to make their EB-5 investment: directly in a qualifying EB-5 project or indirectly through an approved EB-5 regional center. The EB5 investment pathway doesn’t change the outcome for successful investments: U.S. permanent resident status for the investor and their immediate family members. […]

How Involved Must an Investor Be in an EB-5 Project?

Foreign nationals who make an EB-5 investment in a qualifying EB-5 project must satisfy numerous requirements to be eligible for U.S. permanent residency, including providing evidence of the lawful sources of their investment capital and ensuring at least 10 new, full-time jobs for U.S. workers are created through their investment. One additional requirement that EB-5 […]

2019 I-526 Adjudicator Retraining Documents Released

In September 2020, documentation regarding a May 2019 I-526 “reset training” held by the Investor Program Office for USCIS adjudicators was partially released. The I-526 petition is the form every foreign investor must submit to show they have invested the required capital in an eligible EB5 investment project, either directly or indirectly, through an EB-5 […]

U.S. Government Extends EB-5 Regional Center Program Until December 11, 2020

Every year, thousands of foreign nationals from around the world pour their dreams—and $1.8 million, or $900,000 if their selected project is in a targeted employment area (TEA)—into the EB-5 Immigrant Investor Program. Since 1990, the program has allowed countless foreign investors to obtain U.S. permanent resident status for themselves, their spouse, and their unmarried […]

Huge Uptick in EB-5 Visas Available for FY2021

The COVID-19 pandemic has devastated the world, crippling economies, destroying livelihoods, and wreaking havoc on people’s physical and mental health alike. The EB-5 Immigrant Investor Program has not escaped the virus’s wrath, with thousands of investors unable to proceed with their EB-5 journey due to the temporary suspension of routine visa services at U.S. embassies […]

Filing a Writ of Mandamus to Force USCIS to Adjudicate an EB-5 Petition

The long processing times for EB-5 petitions at United States Citizenship and Immigration Services (USCIS) are no secret. EB-5 investors regularly have to wait years—as many as five for those from severely backlogged countries such as China—and as of October 2020, USCIS gives little indication of processing times decreasing. Besides the missed opportunity costs of […]

USCIS Fee Increase Averted

2020 has been a rocky year for just about everyone, individuals and organizations alike, and United States Citizenship and Immigration Services (USCIS) has suffered significantly due to the lull in immigration spurred on by the COVID-19 pandemic. Family-based visa processing has been largely suspended, President Trump’s immigration ban on most types of employment-based immigrants has […]

COVID-19 Highlights the Importance of Due Diligence in Selecting an EB-5 Project

Hardly anywhere on the planet has been left unaffected by the COVID-19 pandemic, and unfortunately, the United States has not emerged unscathed, either. Millions have lost their jobs, numerous companies have gone out of business, and countless livelihoods have been lost. Industries across the country have endured financial hardship, resulting in furloughs, loan defaults, and […]

Student Visa Proposed Rule Change Shines a Light on the Educational Benefits of the EB-5 Program

The Department of Homeland Security (DHS) has announced a new proposed rule change that would negatively affect the over one million international students currently in the United States. The Notice of Proposed Rulemaking; Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of […]

Common Reasons for EB-5 Petition Denial

EB-5 investors who conduct proper due diligence are generally successful. Indeed, most EB-5 investors end their EB-5 journey by obtaining U.S. green cards for themselves and their immediate family members. That being said, each year, some EB-5 investors face denial, halting their dreams of a better life in the United States. The reasons an EB-5 […]

2nd Circuit Court Decision’s Effects on Form I-485 Petitions

The U.S. Second Circuit Court of Appeals published its decision allowing the Department of Human Services (DHS) to recommence the implementation of the Public Charge Ground of Inadmissibility final rule on September 11, 2020. According to an alert from United States Citizenship and Immigration Services (USCIS), the decision stays the injunction, which was issued in […]

Determining TEA Qualification with EB5AN’s TEA Map

Foreign investors interested in relocating to the United States and obtaining U.S. permanent resident status are fortunate that the EB-5 Immigrant Investor Program, one of the easiest and quickest pathways to U.S. immigration, remains in full swing even after 30 years. The program offers foreign investors U.S. green cards in exchange for an investment in […]

Positive EB-5 Trends in Hong Kong

Hong Kong has long been a hotspot of EB-5 demand. Since the early days of the EB-5 Immigrant Investor Program, Hong Kong investors have been eager to invest in qualifying EB-5 projects and obtain permanent resident status in the United States. In the ’90s, Hong Kong was among the top 10 countries for EB-5 demand, […]

The 8 Steps of the EB-5 Visa Program

Introduced in 1990, the EB-5 Immigrant Investor Program offers foreign investors worldwide something that millions dream of—a life in the United States. In exchange for qualifying investments in new commercial enterprises in the United States, wealthy foreign nationals and their families can obtain green cards and, eventually, if they wish, U.S. citizenship. While the EB-5 […]

Rampant Regional Center Terminations Prove the Importance of Working with a Reputable EB-5 Regional Center

2020 has been an awful year for almost everybody, and EB-5 visa program participants are no exception. The pandemic-induced temporary suspension of routine visa services at U.S. embassies and consulates has prevented thousands of EB-5 investors and their families from receiving their U.S. green cards and starting their new lives in the United States. But […]

The Mysteries of USCIS’s Estimated Processing Time Range Update

In August 2020, United State Citizenship and Immigration Services (USCIS) split up its estimated processing time range for I-526 petitions into two categories: one for Chinese EB-5 investors and one for investors from any other country. Given that the Chinese EB-5 backlog is massive, with the switch in April 2020 to a visa availability processing […]

Will the EB-5 Regional Center Program Be Extended at the End of September 2020?

In the EB-5 Immigrant Investor Program, investors have two options for investment: direct investment and regional center investment. While investors can retain more control over their investments through the direct route, engaging in day-to-day management work at the new commercial enterprise (NCE), regional center investment is by far the more popular option. Not only are […]

Common Questions About the EB-5 Program

The EB-5 Immigrant Investor Program is one of the fastest and easiest pathways to permanent resident status in the United States—eligible investments can qualify investors and their immediate family members for U.S. green cards. However, the program is fairly complex, and prospective investors are advised to familiarize themselves deeply with the program before diving into […]

Four Ways the COVID-19 Pandemic Could Benefit EB-5 Investors

When the COVID-19 pandemic swept across the globe in early 2020, it disrupted the lives of nearly everyone on the planet. With mass lockdowns and public life shutting down in most countries, the pandemic has shattered economies, destroyed livelihoods, and ripped families apart, as well as led to thousands of deaths. For investors in the […]

USCIS Averts Planned Furlough

In August 2020, news that United States Citizenship and Immigration Services (USCIS) would be furloughing around 70% of its employees (over 13,000 people) has long been floating around the EB-5 sphere. The furloughs would have likely dramatically impacted a wide range of immigrants, from K-1 fiancé(e) visa applicants to investors in the EB-5 Immigrant Investor […]

USCIS Introduces Separate Estimated Processing Time Range for Chinese EB-5 Investors

United States Citizenship and Immigration Services (USCIS) has long maintained estimated processing time ranges to help investors in the EB-5 Immigrant Investor Program gauge how long they must wait for adjudication of their I-526 petition. The estimated time range has traditionally incorporated EB-5 investors of all nationalities, irrespective of how backlogged their country may be. […]

Major Increase to I-526 Petition Processing Times

With the global economic shutdowns brought on by the COVID-19 pandemic, United States Citizenship and Immigration Services (USCIS) has had more time to dedicate to processing immigration petitions such as Form I-526. The chief of the Immigrant Investor Processing Office (IPO), Sarah Kendall, also announced in a public engagement in March 2020—before the pandemic had […]

Hong Kong EB-5 Investors Join Mainland Chinese Backlog

In July 2020, following the introduction of a controversial Beijing-backed national security law into the Hong Kong special autonomous region, President Trump signed the Executive Order on Hong Kong Normalization, which essentially eliminated any special treatment Hong Kong received as a separate nation from China. Hong Kong previously received separate treatment from China in terms […]

The Merits of the EB-5 Program for Families

The EB-5 Immigrant Investor Program was established in 1990 to foster foreign investment in the U.S. economy and create new jobs for U.S. workers. In exchange for their investment, foreign investors are granted U.S. green cards for both themselves and their immediate family members, which is defined as spouse and unmarried children under the age […]

Who Is Eligible for a U.S. Green Card under the EB-5 Program?

The EB-5 Immigrant Investor Program is one of the quickest and easiest ways for foreign nationals to gain permanent resident status in the United States. Established in 1990, the program continues to be a popular option for foreign investors, with thousands obtaining U.S. green cards through the program throughout its 30 years. The program was […]

New Filing Fees at USCIS

EB-5 Immigrant Investor Program participants who file immigration petitions with United States Citizenship and Immigration Services (USCIS) will face increased fees starting on October 2, 2020. The immigration agency has announced adjustments to most of its filing fees to varying degrees, depending on the petition. For EB-5 investors, however, the new fees are generally higher, […]

What Kind of Documents Do You Need for the EB-5 Source-of-Funds Requirement?

Every year, countless investors from around the world start their journey toward U.S. permanent residency status through the EB-5 Immigrant Investor Program. The program, established in 1990, allows foreign nationals to apply for a U.S. green card in exchange for an investment in a new commercial enterprise (NCE), contingent on certain requirements. EB-5 investors must […]

How Much Does an EB-5 Investor Need to Invest?

Since its enactment in 1990, the EB-5 Immigrant Investor Program has been a popular way for foreign nationals to obtain U.S. green cards for themselves and their immediate family members. At a glance, the program is quite straightforward—a foreign national invests in a qualifying EB-5 project, and if their investment fuels the creation of at […]

U.S. Consulates and Embassies Beginning Phased Reopening

Good news for the many EB-5 investors abroad who have been waiting eagerly to resume their journey to an EB-5 green card: the U.S. Department of State – Bureau of Consular Affairs has announced the phased resumption of routine visa services at U.S. consulates and embassies. Consulates have been closed since March 2020 following the […]

The Implications of the EB-5 Capital Redeployment Policy Update Announced by USCIS

On July 24, 2020, United States Citizenship and Immigration Services (USCIS) published a Policy Alert announcing long-awaited clarification of the guidelines surrounding the redeployment of capital under the EB-5 program. The new guidance, which comes into effect immediately, focuses on Volume 6, Part G, Chapter 2 of the USCIS Policy Manual (A(2)). The update substantially […]

How to Calculate the EB-5 Visa Queue

It’s no secret that EB-5 applicants are subject to long waiting times, especially if they come from a country like China or Vietnam with extensive backlogs due to heightened demand. However, it can be difficult to interpret the backlog and understand the figures involved, especially since I-526 processing is complicated, messy, and nonlinear, which can […]

EB-5 Visa Petition Processing Data from FY2020 Q2

United States Citizenship and Immigration Services (USCIS) has released statistics about its processing data from the second quarter of 2020 financial year (January 1 to March 31, 2020). Processing rates have increased considerably compared to Q1 FY2020; however, the processing rate remains far lower than it was in previous years. USCIS also received far fewer […]

Trump Extends Immigration Ban Until the End of 2020

On April 22, 2020, President Trump signed into law a temporary immigration ban, intended to last for 60 days. The purpose of the legislation was to ensure U.S. workers were prioritized as the economy reopens after being ravaged by the COVID-19 pandemic. However, the decree included a number of exceptions, including the immediate family members […]

Insights into FY2020 EB-5 Processing with Charles Oppenheim

On June 16, 2020, IIUSA held a webinar with Charles Oppenheim, the chief of the Visa Control and Reporting Division of the U.S. Department of State. Oppenheim offered a wealth of valuable EB-5 information, primarily about EB-5 processing in FY2020 and how processing may look going forward. In total, the call lasted about one and […]

What Kind of Funds Can Investors Use in the EB-5 Program?

One of the most troublesome requirements of the EB-5 Immigrant Investor Program for investors is the source of funds requirement. EB-5 investors must demonstrate in their I-526 petition that they have obtained all their EB-5 capital from lawful sources. Depending on the sources an investor uses, the process of collecting the necessary documentation can be […]

Indian EB-5 Final Action Date Current in July 2020 Visa Bulletin

It’s the news all Indian EB-5 investors have been waiting for: the Indian final action date for EB-5 visa green cards is finally current. The Indian final action date has been jumping forward rapidly in recent months, likely a result of the worldwide U.S. embassy and consulate closures due to the COVID-19 pandemic. United States […]

Investing in a Troubled Business in the EB-5 Program

The EB-5 Immigrant Investor Program, one of the quickest and easiest paths to a U.S. green card for foreign investors, offers EB-5 visas in exchange for an investment in a qualifying project. To receive a visa, an investor must demonstrate that their investment in a new commercial enterprise (NCE) has fulfilled certain requirements, such as […]

What Is the EB-5 Visa Bulletin?

Certain EB-5 investors need to pay close attention to the monthly Visa Bulletins published by the U.S. Department of State – Bureau of Consular Affairs. They don’t affect all EB-5 investors—in fact, as of June 11, 2020, they only apply to investors from China, India, and Vietnam. However, the EB-5 landscape is constantly changing, and […]

What Are the Best U.S. Start-up Visas for Entrepreneurs?

Entrepreneurs around the world aim to relocate to the United States for a better and freer life with unlimited business opportunities. With top-quality universities, state-of-the-art health facilities, and unbeatable freedoms, the United States promises immigrants a better and brighter future for themselves and their families. The United States offers a wide range of start-up visas […]

What to Consider When Investing in the EB-5 Program

The EB-5 Immigrant Investor Program is one of the fastest and easiest ways for foreign nationals to secure a life in the United States and enjoy all the benefits that come with it. Every year, investors from around the world apply to the EB-5 program for a better future in the prosperous United States. Despite […]

Promoting the Positive Impacts of the EB-5 Program

The EB-5 Immigrant Investor Program has long been marred with stories of fraud and fakery, but the picture the media paints is far from the reality of the program. While there have indeed been cases of fraud in the EB-5 program—there will always be a minority of bad actors in the world—the vast majority of […]

What Happens to an EB-5 Petition If the Investor Dies?

The EB-5 Immigrant Investor Program offers a unique opportunity to foreign investors and their immediate family members to obtain U.S. permanent resident status in exchange for a successful qualifying investment in an EB-5 project. An investor can include their spouse and unmarried children younger than 21 on their EB-5 visa application. At the end of […]

What Can You Do If Your EB-5 Petition Is Denied?

For the countless foreign investors around the world who wish to relocate to the United States, the EB-5 Immigrant Investor Program is one of the best options. Established in 1990, the program offers foreign investors permanent resident status in the United States for themselves and their immediate family members in exchange for an investment in […]

Will EB-5 Investors Still Want to Immigrate After COVID-19?

The COVID-19 pandemic, an unprecedented crisis in the modern world, has changed the world as we know it. The health crisis has already deeply affected the EB-5 Immigrant Investor Program, forcing the temporary closure to the public of United States Citizenship and Immigration Services (USCIS) offices across the nation and the suspension of routine visa […]

What USCIS’s Case Processing Times Mean

On the United States Citizenship and Immigration Services (USCIS) website, EB-5 investors and regional centers can check the estimated processing time range for their I-526, I-829, and I-924 petitions on the Check Case Processing Times page. The page is constantly updated, and as of June 4, 2020, USCIS gives the following estimates for processing times: […]

A Guide to Understanding the Monthly Visa Bulletin

Every month, the U.S. Department of State – Bureau of Consular Affairs releases a visa bulletin that reveals which EB-5 investors are eligible to apply for and receive visas. However, the EB-5 Immigrant Investor Program process is complicated—sometimes too complicated for a simple graph. The information in the monthly Visa Bulletin is easy to misunderstand, […]

USCIS Offices Slated to Reopen: June 2020 EB-5 News

On March 18, 2020, United States Citizenship and Immigration Services (USCIS) closed all its offices to the public to help curb the spread of COVID-19. Nonetheless, USCIS continued to adjudicate I-526, I-829, and I-485 petitions for EB-5 investors because they do not require face-to-face contact. With the pandemic beginning to subside and the country starting […]

How is COVID-19 Affecting EB-5 Processing and Visa Availability?

Though the COVID-19 pandemic has brought the world to a standstill, with economic shutdowns across the United States and other countries, the EB-5 Immigrant Investor Program continues on. The pandemic has caused United States Citizenship and Immigration Services (UCSIS) to temporarily close its offices to the public all across the nation, but since application processing […]

Why Aren’t All I-526 Petitions Adjudicated in the Same Time Frame?

It can be frustrating for EB-5 investors to wait a long time for their I-526 petition to be adjudicated, especially when they see other investors around them receiving adjudication. Since the EB-5 Immigrant Investor Program is complicated, every petition is different and therefore requires a different process and timeline for adjudication. This can result in […]

How to Make an EB-5 Investment During COVID-19

Though much of the world has come to a standstill in the COVID-19 pandemic, the EB-5 Immigrant Investor Program carries on. United States Citizenship and Immigration Services (USCIS) continues to work on EB-5 petition adjudications, and foreign investors are still free to prepare and make EB-5 investments during the crisis. The pandemic has certainly changed […]

Obtain a U.S. Green Card Through the EB-5 Program After COVID-19

As the number of new COVID-19 infections continues to decline in various countries, the world can start to evaluate each country’s response to the pandemic. The health crisis has exposed weaknesses in many countries’ systems, particularly in developing countries. In response, foreign investors around the world are contemplating whether they should move to a more […]

All About the Visa Bulletin

While the EB-5 Immigrant Investor Program is open to investors from all over the world, not everyone experiences the same EB-5 journey. United States Citizenship and Immigration Services (USCIS) only allocates approximately 10,000 visas to the EB-5 program per fiscal year, and no country is supposed to get more than 700, meaning investors from high-demand […]

FY2019 EB-5 Investor Country Statistics

The country statistics for EB-5 investors in FY2019 are in, and they reveal an increasingly diversifying pool of EB-5 investors. Since FY2014, several countries have seen spikes in investor numbers, and these countries may even join the ranks of backlogged countries in the future. The top six countries are China, India, Vietnam, South Korea, Brazil, […]

Debunking Common Misconceptions about the EB-5 Program

The EB-5 program has found itself embroiled in bad press amidst the COVID-19 pandemic, largely due to false rumors that President Trump would bring sweeping changes to the EB-5 program as part of a coronavirus relief bill. Though Senator Lindsey Graham, purported to have pushed for the changes, has vehemently denied the rumors, it was […]

USCIS Updates the National Historical Average Processing Time for I-526 Petitions

United States Citizenship and Immigration Services (USCIS) has updated the historical national average processing times for I-526 petitions to include February 2020, with processing times increasing to 12.9 months from 12.6. Despite the increase, the national historical processing time remains at a five-year record low, indicating a faster I-526 processing period for EB-5 investors. The […]

The EB-5 Job-Creation Potential the U.S. Government Refuses to See

As COVID-19 sweeps through the United States and the rest of the world, it has left a path of shuttered businesses and unemployment behind it. As an employment-based immigration program that creates jobs for the everyday U.S. worker, the EB-5 Immigrant Investor Program could be ideal to help the U.S. economy get back up and […]

What to Consider When Selecting an EB-5 Project

The EB-5 Immigrant Investor Program is one of the fastest and easiest ways foreign nationals can immigrate to the United States, provided they have the necessary investment funds. An investment must satisfy several EB-5 criteria before the investor can receive a U.S. green card, so prospective investors are urged to conduct meticulous due diligence when […]

The Implications of USCIS Office Closures for EB-5 Investors

On March 18, 2020, United States Citizenship and Immigration Services (USCIS) announced the nationwide closure of all its public offices due to the COVID-19 pandemic. The global crisis is affecting countries all over the world, upending life on all corners of the globe, and EB-5 investors are also encountering disruptions in their U.S. visa process. […]

The U.S. Immigration Ban Doesn’t Affect EB-5 Investors

The novel coronavirus pandemic has halted life around the world, confining ordinary people worldwide to their homes and forcing U.S. consulates globally to close. As the United States begins to look forward, the government is drafting plans to prioritize U.S. workers when the economy opens back up. One such measure President Trump has taken was […]

What Is an EB-5 Targeted Employment Area?

U.S. Congress created the EB-5 Immigrant Investor Program in November 1990 to spur economic growth in the United States via the capital of foreign investors. In exchange for a large investment that funds the creation of at least 10 full-time jobs occupied by U.S. workers, EB-5 investors receive U.S. green cards for themselves and their […]

May 2020 Visa Bulletin: India Leaps Forward

The May 2020 Visa Bulletin is here, and it brings good news for Indian EB-5 investors. The priority date for Indian EB-5 investors has jumped ahead by a whopping nine months, meaning Indian investors can enjoy a much faster EB-5 process than previously anticipated. China, India, and Vietnam remain the only countries that do not […]

EB-5 Visa Petition Processing Data from FY2020 Q1

United States Citizenship and Immigration Services (USCIS) has released statistics about its processing data from the first quarter of FY2020 (October 1 to December 31, 2019). The low rate of adjudications seen in FY2019 has continued in the beginning of FY2020, with only 455 adjudicated I-526 petitions and a whopping 17,000 pending. FY2020 Q1’s I-526 […]

Regional Center Due Diligence Is Crucial to EB-5 Investment Success

EB-5 investors must conduct meticulous due diligence on the EB-5 regional center they choose to work with to ensure the success of their EB-5 investment. Given the growing trend of regional center terminations since 2019, investing through the wrong regional center could cost EB-5 investors their chance at a U.S. green card. United States Citizenship […]

I-526 Processing Times Drop in 2020

Every cloud has a silver lining, and for some EB-5 investors, the silver lining of the COVID-19 pandemic is faster processing times for I-526 petitions. Because the I-526 petition is a complex form requiring numerous supplementary documents and each EB-5 investor’s circumstances are different, processing times inevitably differ, but recent months have seen a stark […]

A Guide to Form I-829

Filing Form I-829 is the final step before an EB-5 investor completes the EB-5 visa process and obtains unconditional permanent resident status in the United States. The three main administrative steps in the EB-5 process are filing Form I-526, applying for conditional permanent residence, and petitioning United States Citizenship and Immigration Services (USCIS) to remove […]

Reasons to Immigrate to the United States—Even Despite COVID-19

With entry bans, significantly reduced flight schedules, and mandatory quarantines, immigration during the COVID-19 pandemic is more or less impossible, but immigration to the United States after the pandemic is not only possible, it’s a great idea. For investors worldwide, the EB-5 program is the ideal pathway to a U.S. green card. Here’s why you […]

Who Does the EB-5 Visa Availability Approach Affect?

On March 31, 2020, United States Citizenship and Immigration Services (USCIS) transitioned from its traditional first-in-first-out (FIFO) I-526 processing approach to a visa availability approach. What does this mean for EB-5 investors? It depends on their country of origin. How the Visa Availability Approach Works Under the previous FIFO approach, USCIS assigned I-526 petitions for […]

The Ultimate Graduation Gift: An EB-5 Visa

In most countries, another school year is coming to an end, and youth around the world are preparing to embark on new adventures. New high school graduates will start selecting their classes at university, and new college graduates will set out in the professional world to make a name for themselves. Many of these fresh […]

The Changes 2020 Has Brought to the EB-5 Program

The Visa Availability Approach Announced in January 2020 and enacted on March 31, 2020, the new visa availability processing approach for I-526 petitions has made its debut, with its concrete impacts yet unclear. Even though the new processing approach brings noticeable changes to the EB-5 journey, United States Citizenship and Immigration Services (USCIS) has failed […]

Wait Times for an EB-5 Visa Amidst COVID-19

Good things come to those who wait. The EB-5 Immigrant Investor Program is complex and popular, so expect to wait at least a couple of years by default before receiving your conditional permanent resident status. The unpredictable situation of COVID-19 may also influence wait times. Here’s how long you can expect to wait in the […]

What to Do If You Receive a USCIS RFE

One of the most dreaded experiences for participants in the EB-5 Immigrant Investor Program is receiving a Request for Evidence (RFE) from United States Citizenship and Immigration Services (USCIS). Not every EB-5 investor encounters this anxiety-inducing situation, but those who do need to plan their response carefully to not jeopardize their chance of obtaining U.S. […]

The Benefits of Investing Through an EB-5 Visa Regional Center

Not all EB-5 journeys are the same. There exist two main pathways to a U.S. green card through the EB-5 visa program—direct investment and regional center investment. Both have advantages and disadvantages, depending on the investor’s goals and wishes, but far more EB-5 investors opt for regional center investment because it is generally considered more […]

The Benefits of an EB-5 Visa Investment

The United States of America—the name alone conjures up images of wealth and freedom in the minds of people worldwide. Immigration is not easy, however, and with people all over the world clamoring at the chance for a life in the United States, most cannot realize their dream. If you’re a foreign investor, an EB-5 […]

The Impact of COVID-19 on the EB-5 Program

The world has been thrust into the largest global disaster since World War II, with countries all over the world seeing high numbers of COVID-19 infections and deaths. The unprecedented catastrophe has ushered in a new era of social distancing and lockdowns, but the EB-5 program continues on. Since March 18, 2020, United States Citizenship […]

What Are the Advantages of Regional Center Investment?

EB-5 investors have two possible investment methods in the EB-5 program: direct investment in a new commercial enterprise (NCE) or indirect investment through a regional center. Depending on an investor’s goals and skills, direct investment may be suitable, but most EB-5 investors choose regional center investment because it offers several benefits. Lower Immigration and Financial […]

Gifting Your Child Money to Invest in an EB-5 Visa

Many parents around the world wish to continue their lives in their native country, where they have established social and business contacts, but would like to offer their children the rich opportunities that a life in the United States provides. The EB-5 Immigrant Investor Program is the ideal pathway to procure U.S. permanent resident status […]

Indian Priority Date to Become Current by Summer 2020

The recent diminished EB-5 demand from India is good news for Indian EB-5 applicants who have already invested in the EB-5 Immigrant Investor Program. New information from United States Citizenship and Immigration Services (USCIS) suggests the Indian EB-5 priority date will become current by summer 2020. The Current Final Action Date for Indian EB-5 Investors […]

The EB-5 “At Risk” Requirement

One of the requirements of a successful EB-5 visa investment is that the investment capital be at risk for the duration of the investment. This does not mean that EB-5 investors are required to invest in “risky” projects. Quite the contrary—EB-5 investors are strongly recommended to conduct thorough due diligence to minimize their exposure to […]

False Rumors About EB-5 Changes Due to COVID-19

COVID-19 has made its way to nearly every country in the world, with confirmed cases building quickly in New York, California, and other states across the United States. Schools are closing and businesses are shutting down—some permanently—resulting in major layoffs. Politico has falsely reported that to stimulate the economy in these chaotic times, President Trump […]

All About the EB-5 Modernization Rule

In 2019, the EB-5 Modernization Rule brought some major changes to the EB-5 visa investment program. The changes have left EB-5 investors, project developers, and regional center managers alike confused and full of questions. Some of these questions were finally cleared up during the United States Citizenship and Immigration Services (USCIS) public engagement held on […]

What Counts as “Lawful Funds” for the EB-5 Program?

One of the requirements of the EB-5 program is that an investor’s capital has been obtained through “legal sources.” What exactly does United States Citizenship and Immigration Services (USCIS) mean by “legal sources”? It’s important to know because EB-5 investors must document the lawful source of their funds on their I-526 petition. What Documents Should […]

COVID-19’s Impact on Industries That Use EB-5 Investment

As the world continues its fight against the novel coronavirus, infections are rising, unemployment is increasing, and more and more industries and businesses are suffering. Other than those that operate solely online, most industries are not immune, and those that most heavily rely on the EB-5 Immigrant Investor Program are among the hardest hit. Here […]

Why Were EB-5 Processing Volumes Down in FY2019?

The EB-5 processing statistics of the past several years make one observation painfully clear: I-526 petition processing volumes were remarkably low in FY2019. The Immigrant Investor Program Office (IPO) is a complicated entity, and there is a lot going on behind the scenes that may not be clear on the surface. FY2019’s low processing rates […]

The EB-5 Visa Bulletin for April 2020

The Department of State — Bureau of Consular Affairs has released the EB-5 Visa Bulletin for April 2020. April’s release has been highly anticipated, as April is the first month in which United States Citizenship and Immigration Services (USCIS) will implement its new visa availability processing approach for I-526 petitions. The release of the Visa […]

I-526 and I-829 Processing Data by Country in FY2019 Q1

Likely due to the Freedom of Information Act, United States Citizenship and Immigration Services (USCIS) has released quarterly processing information for I-526 and I-829 petitions in FY2019 Q1. The data contained in the I-526 and I-829 processing data for FY2019 Q1 provide answers to certain EB-5 questions for which there is generally no concrete information, […]

Regional Center Terminations Continue to Increase in Q1 FY2020

The worrying trend of EB-5 regional center terminations continues to gain momentum. In the first quarter of the federal government fiscal year, from October 1, 2019, and January 31, 2020, United States Citizenship and Immigration Services (USCIS) added a further 39 regional centers to its List of EB-5 Terminated Regional Centers. This does not include […]

Immigrant Investors in the U.S.

Despite some recent backlash against immigrants in America, the United States’ economic landscape has been transformed by immigrant investors in the last thirty years. A study by the National Foundation for American Policy in 2016 found that just over half of U.S. startups worth over $1 billion—including WhatsApp, Uber, and SpaceX—were founded by immigrants. These […]

EB-5 Investment from Saudi Arabia

Although the United States surpassed Saudi Arabia and Russia in 2018 to become the world’s largest producer of crude oil, Saudi Arabia has amassed great wealth over the last half century with its own plentiful oil reserves. This has enabled it to maintain a large presence on the world stage, and it is home to […]

What Are the EB-5 Eligibility Requirements?

The EB-5 visa program is open to foreign investors and their families all over the world with the means to invest in EB-5 projects, as long as they meet certain requirements. Those who are successful in their EB-5 investments receive U.S. green cards for themselves, their spouse, and their unmarried children under the age of […]

The Answers to Your Questions About the EB-5 Program

The EB-5 Immigrant Investor Program is subject to constant change as United States Citizenship and Immigration Services (USCIS) modifies its regulations and processing standards. In recent months, the program has undergone several new changes, with additional changes to come in the near future. Here are the answers to a few of the top questions about […]

Where Is the EB-5 Program Gaining Popularity?

Year by year, the EB-5 Immigrant Investor Program grows in popularity, attracting more and more foreign nationals who wish to invest in the U.S. economy to obtain a green card. The U.S. Department of State – Bureau of Consular Affairs recently released the EB-5 data for fiscal year 2019, and it reveals explosive EB-5 growth […]

How Long Should EB-5 Investors Expect to Wait Until I-526 Approval?

The EB-5 visa program is anything but fast. Given its growing popularity, backlogs for popular EB-5 countries like China, India, and Vietnam have steadily grown over the years, with countries like South Korea and Taiwan starting to catch up. The waiting process begins even before I-526 approval, as it has typically taken around two years […]

Country-Based EB-5 Statistics in FY2019

Every year, the U.S. Department of State releases the Report of the Visa Office, which offers a peek into the statistics of the U.S. visas, including EB-5 visas, issued throughout the given year. In the report, EB-5 visa statistics are spread out across two different tables: Table V Part 3 (visa recipients who already resided […]

EB5AN’s New Automated EB-5 Program Subscription Agreement

Any government process is accompanied by a large amount of bureaucracy, and the EB-5 visa program is no exception. When an investor decides to commit to a particular EB-5 project, he or she is required to fill out a long, 20-page EB-5 subscription agreement. Filling out a 20-page legal document is a tiresome and error-prone […]

What the New USCIS I-526 Petition Processing Approach Means for Applicants

An announcement on January 29, 2020, revealed that USCIS will shift its I-526 petition processing approach from first-in-first-in (FIFO) to a “visa availability approach” starting March 31, 2020. The new approach aims to prioritize processing for applicants from countries that have visas immediately available, ensuring more countries fill their annual visa allocations. Otherwise, there are […]

New EB-5 Visa Availability Approach for I-526 Petition Processing

New EB-5 Visa Availability Approach for I-526 Petition Processing Important Breaking Announcement from USCIS on January 29, 2020: EB-5 visa I-526 petitions will now start being processed using a visa availability approach instead of using a first-in-first-out (FIFO) approach. Historically, USCIS has always processed EB-5 visa I-526 petitions based on a FIFO process, however this […]

EB-5 Program Processing Statistics

The processing statistics for the EB-5 program have changed dramatically over the past 11 years. The program has grown significantly, with thousands more investors in 2019 than in 2008, but trends are showing a decline from the peak in 2017. The drop could be partially attributed to the backlogs at United States Citizenship and Immigration […]

EB-5 Quota Backlogs and Long USCIS Processing Times Emphasize the Importance of Choosing Reputable Regional Centers

The EB-5 program has seen some changes in recent years, including increased investment fund requirements and more restrictive targeted employment area (TEA) designation, but these are not the only challenges the program faces. Adding to the problem are the lengthy quota backlogs in major EB-5 investor countries and the ever-increasing United States Citizenship and Immigration […]

EB-5 Regional Centers Are Being Shut Down at an Unprecedented Rate, Making Reputable Centers More Important

The United States Citizenship and Immigration Services (USCIS) has tightened its regulations, and with the new regulations comes an unprecedentedly high rate of regional center terminations. 2019 saw the termination of 75 regional centers, hardly offset by the approval of a mere six. This represents only the second year since 2008 where more regional centers […]

USCIS Lawsuit Challenges the Validity of New EB-5 Program Rules

Regional Center Challenges the Validity of the EB-5 Immigration Investor Program Modernization Final Rule On November 26, 2019, Florida EB5 Investments, LLC (the “Plaintiff”), filed a civil action against the Department of Homeland Security (DHS) and the United States Citizenship & Immigration Services (USCIS) (the “Complaint”) challenging the validity of the recently implemented EB-5 Immigration […]

EB-5 Updates Now in Force

In July 2019, United States Citizenship and Immigration Service (USCIS) and the Department of Homeland Security (DHS) published updates to the EB-5 visa program in the Federal Register. The new EB-5 rule, implemented to modernize the program, came into effect on November 21, 2019. While the updates include several technical revisions, the key changes to […]

New Initiative Announced by EB5AN to Safeguard EB-5 Investors’ Funds

Samuel Silverman, Managing Partner of EB5AN, discusses the introduction of a new initiative that promises to protect EB-5 investors’ funds in the event of an I-526 application denial. EB5AN, a leading EB-5 regional center and EB-5 service provider sponsoring more than 1,100 EB-5 investors from more than 40 countries around the world, has announced a […]

New EB-5 Regulations Announced – Investment Amount Increases

Advance Copy of EB-5 Final Rule This final rule amends Department of Homeland Security (DHS) regulations governing the employment-based, fifth preference (EB-5) immigrant investor classification and associated regional centers to reflect statutory changes and modernize the EB-5 program. In general, under the EB-5 program, individuals are eligible to apply for lawful permanent residence in the […]

Q2 FY2019 USCIS Statistics for EB-5 Petition Processing

The USCIS has updated its EB-5 petition processing statistics, displayed on the Immigration and Citizenship Data page, to reflect information about the petitions received and processed during the second quarter of the 2019 financial year (January–March 2019). The overall number of EB-5 forms processed by the Immigrant Investor Office (IPO) during this period decreased significantly, […]

EB-5 Investment from Turkey

Despite social and political upheaval, Turkey’s economy has continued to grow rapidly over the last few years and is still seen as a strong force in the region. It now boasts the eighteenth highest GDP in the world, but rising debt makes this continued pace of growth uncertain. Turkey also faces increasing inflation that hit […]

EB-5 Investment from Iran

Iran is home to the world’s fourth-largest reserve of oil and second-largest reserve of natural gas, and it is within the top 10 world producers of both of these natural resources. As such, it has become the second largest economy in the MENA region behind Saudi Arabia. However, Iran has been the subject of increased […]

EB-5 Investment from Saudi Arabia

Although the United States surpassed Saudi Arabia and Russia in 2018 to become the world’s largest producer of crude oil, Saudi Arabia has amassed great wealth over the last half century with its own plentiful oil reserves. This has enabled it to maintain a large presence on the world stage, and it is home to […]

EB-5 Investment from Vietnam

Over the last 30 years, Vietnam has developed from one of the poorest nations in the world into one of the fastest-growing economies. This increase in wealth and the search for better opportunities have led to a rise in wealthy Vietnamese EB-5 investors. Wealth and Economy The number of millionaires in Vietnam has skyrocketed by […]

EB-5 Investment from India

One of the most popular paths to U.S. employment for foreign nationals is the H-1B visa. Under the Bush administration in 2003, the H-1B visa cap was reduced from 195,000 to 65,000. The H-1B Visa Reform Act of 2004 increased this cap by 20,000 for candidates who earned a master’s or PhD from a U.S. […]

EB-5 Investment from Venezuela

Venezuela is home to the world’s largest reserves of crude oil, surpassing even Saudi Arabia. While this supply led to a booming economy in the 1990s, the government’s mismanagement of money and pivot to socialism have led to the impoverished nation seen today. Because of the current political upheavaland the resulting uptick in violence, many […]

Q1 FY2019 USCIS Statistics for EB-5 Petition Processing

The USCIS has updated its EB-5 petition processing statistics, displayed on the Immigration and Citizenship Data page, to reflect information about the petitions received and processed duringthe first quarter of the 2019 financial year (October to December 2018). The overall number of EB-5 forms processed by the Immigrant Investor Office (IPO) during this period decreased […]

EB-5 Investment from Brazil

With a population of almost 212 million, Brazil now makes up the third-largest EB-5 market behind China and Vietnam, with the bonus of not yet having hit retrogression. Brazil’s interest in EB-5 visas can be attributed to the country’s recent economic downslide, its high crime and corruption rates, and its poor quality of education. Wealth […]

State Department Releases New Visa Tallies by Country

China has long been one of the top sources for EB-5 visa applications worldwide. While the number of Chinese candidates remained high in 2018, new reporting by the U.S. Department of State reveals a significant increase in EB-5 applicants from locales outside mainland China. What the Research Says Last year, the U.S. Department of State […]

Harnessing India’s Potential in the EB-5 Market

The EB-5 market is officially booming on the subcontinent. As of September 2018, India already had 284 EB-5 petitions in place compared to just 164 petitions coming from China. According to reports by the USCIS, the Indian EB-5 market is poised to explode, bringing in an estimated $3 billion by 2020. Unfortunately, some people in […]

EB-5 Changes – Are You Up to Date?

Since 2015, the EB-5 industry has been in limbo in anticipation of new legislation and USCIS regulations that will revamp the EB-5 Immigrant Investor Program. These lingering proposed changes are still neither final nor agreed upon among government officials. While the government continues to drag its feet, those involved with the EB-5 program have witnessed […]

EB-5 Program 2018 Year in Review

For EB5AN, 2018 was an exciting year marked by milestones, accomplishment, and growth. Our partners collectively spent more than 200 days on the ground in foreign markets—including China, India, Brazil, Colombia, and Vietnam (along with many more)—getting a sense for where EB-5 is headed and how we can keep ahead of upcoming trends. We have […]

Turkish Investors & the EB-5 Program

Turkey is traditionally known as the bridge between Europe and Asia, and this is true – both geographically and economically. Today, the immigration and investment landscape in Turkey is a two-way street, as it remains an attractive destination for investors and tourists, and at the same time is among the countries experiencing high rates of […]

EB-5 Capital Redeployment: Now what?

Whether you are beginning the EB-5 investment process or have already been invested in an EB-5 project, it is a good idea to know the details of capital redeployment in terms of the EB-5 visa program. Capital redeployment may not be a common topic for EB-5 investors, but it is a topic worth understanding. Due […]

How to Choose the Right Immigrant Visa

Current law dictates that around 85,000 H-1B visas are available each year. Application decisions are based on a lottery conducted by U.S. Citizenship and Immigration Services (USCIS), with a random computer system determining who will and won’t be able to seek employment in the United States. Once USCIS ceases to accept additional H-1B visas for […]

Fast Food, Fast Money? Assessing Restaurant Chains as EB-5 Investments

Some disagreement exists about who started the first fast-food company in the United States, with top contenders including McDonald’s and White Castle. Regardless of how the trend started, one thing is clear: when it comes to the United States and other countries worldwide, fast food can equal fast money. With many fast-food restaurants bringing in […]

EB5AN Named One of the “Best Entrepreneurial Companies in America” for 2018 by Entrepreneur Magazine

EB5AN was recently recognized as one of the “Best Entrepreneurial Companies in America” by Entrepreneur Magazine’s Entrepreneur360 List, a premier study delivering the most comprehensive analysis of private companies in the United States.Based on this study, EB5AN ranks among the top 50 companies in the nation and is recognized as a well-rounded firmthat has mastered […]

Applying for the EB-5: Helpful Tips for Indian Nationals

It’s no secret that the visa backlog for Chinese immigrant investors is currently a lengthy one. With a 10-year waiting list for aspiring EB-5 visa recipients from China, Regional Centers and Developers are increasingly looking to India as the next big source of investment funds. Indian nationals may be particularly intrigued by this option, as […]

6 Frequently Asked Questions About EB-5 Investment and Redeployment

Created by the Immigration Act of 1990, the EB-5 visa program offers a path to lawful permanent residency for eligible foreign investors. As of 2017, U.S. Citizenship and Immigration Services confirmed a requirement known as redeployment in the online version of its policy manual. Read on for answers to some of the most frequently asked […]

Assessing EB-5 Visa Wait Lines by Country

Created in 1990, the EB-5 Immigrant Investor Visa Program enables eligible immigrant investors to become permanent residents of the United States. By investing $1 million in an American business that will employ a minimum of 10 U.S. workers, these individuals may be able to obtain their green cards more quickly than other applicants. Unfortunately, obtaining […]

How Should I Evaluate an EB-5 Construction Project?

There are various elements to consider when choosing an EB-5 project. Along with personal considerations like risk tolerance, desired budget, and preferred business locale, prospective investors need to consider whether or not a project will meet the stringent EB-5 requirements. For example, undertaking a project that doesn’t lead to the creation of the requisite 10 […]

Understanding EB-5 Immigrant Investor Visas: a User’s Guide

In 1990, Congress was looking for ways to boost job creation in the United States while pumping money into the economy. The result was the EB-5 immigrant investor visa category. Designed to lure wealthy foreign investors, the visa offered a path to lawful permanent residency for entrepreneurs and their families. Each year, the Immigration and […]

EB-5 Direct Investments and Qualifying Employees

It’s no secret that the route to becoming a legal U.S. immigrant is long and filled with roadblocks. In an effort to gain a leg up, some individuals enter the EB-5 direct investment program as a way of achieving favorable immigration status in the United States. According to a report by the Washington Post, since […]

Recent Activity Affecting EB-5 Programs and Investors

Several recent announcements made by USCIS and the Department of Homeland Security (DHS) offer interested parties a glimpse at trends in the EB-5 Immigrant Investor Visa Program, especially how future participants may be affected. While some of these pronouncements may fuel speculation of possible future actions, only by remaining informed can EB-5 advisors and legal […]

Retaining Control Through EB-5 Direct Investments

In the beginning of the EB-5 Immigrant Investor Program, all projects involved direct investments because the regional center option did not appear until several years later. The arrival of the regional center option saw a dramatic move away from direct investments and toward this new investment vehicle. Many EB-5 advisors believe foreign nationals are overlooking […]

The Surging Presence of Brazilian Participation in the EB-5 Program

Brazil, the largest and economically strongest South American nation, has lately become a key participant in the EB-5 Immigrant Investor Program. This is partially due to a recent slowing of its economy, which has been expanding since the 1990s. Brazilian citizens are now investigating investment opportunities beyond their country’s borders and developing a strong interest […]

When Redeployment is Used for an EB-5 Investment

There may be a time during an EB-5 investment that redeployment of the original funds is required. If fund redeployment occurs, investors should understand why it happened and how it should be managed to stay within the EB-5 guidelines as outlined by the USCIS. Because this process is complicated and operates differently depending upon the […]

Potential New Obstacles on the Horizon for EB-5 Visas

Although the EB-5 Immigrant Investor Visa program began in 1990, it wasn’t until the 2008 repression negatively affected developers, impacting their ability to obtain funding for their ongoing projects, that the program experienced a surge in popularity and participation. While foreign nationals have realized since the inception of the EB-5 program that the easiest route […]

A Closer Look at Green Card Requirements and Approval

There are many paths to immigration in the United States, but all of them require the individual seeking citizenship to acquire a green card. A green card grants the holder a permanent resident status that expires after five years, at which time the holder is eligible for naturalization. Some green card holders are given conditional […]

Basics of the EB-5 Immigrant Investor Program

Now almost 30 years in existence, the EB-5 Immigrant Investor Program has proven to be a winner both for immigrants seeking citizenship in the U.S. and for the American economy. Begun in 1990, this program has been responsible for driving billions of dollars into the economy while also generating much needed new employment across the […]

E-2 Visas: Alternative to EB-5 Visas

With foreign nationals from China and other countries facing increasing waits and backlogs for their EB-5 Visas, many are now investigating other options that get their foot in America’s door. One of the emerging options that appears to offer either a good first stage, or simply an alternative, to the popular EB-5 Immigrant Investor program […]

Defining At Risk, Debt Arrangement, and Guaranteed Redemption

In the past, attorneys have brought cases against U.S. Citizenship and Immigration Services (USCIS) when the agency challenged the validity of EB-5 petitions, often claiming that the investment was either not at risk, was a debt arrangement, offered a guaranteed redemption, or some combination of the three. Curiously, the USCIS often confuses or applies all […]

Why You Should Use a Broker-Dealer for EB-5 Investments

There is a reason that the U.S. Securities and Exchange Commission (SEC) exists. Its primary function is to protect investors from unscrupulous or unethical principals. To do so, the SEC expects its licensed agents to remain highly knowledgeable and current in the world of investments. Salespersons who attempt to circumvent the purview of the SEC […]

Assessing EB-5 Investment Strengths and Weaknesses

With the surge of interest and participation in the EB-5 Immigrant Investor Program, there has been a similar explosion of regional center investment offerings to keep pace with this growing demand. This offers the immigrant investor more EB-5 investments from which to choose. Since there are many variations in the structure of regional center investments, […]

EB-5 Capital Redeployment Options

Whichever part of the EB-5 investment process you find yourself in, whether you’re still just researching or already invested in the program, it’s never too late to learn about EB-5 capital redeployment. Defining Capital Redeployment When an investor has an ongoing EB-5 investment project and they are filing form I-829 to lift the conditions from […]

Important Things to Look at When Selecting a Regional Center

The EB-5 Visa process was formed so the U.S. could attract investors with high net worth. Qualifying investors are able to get a visa through the EB-5 Program, but only if they meet the investment standards, including a $1 million minimum investment or a $500,000 minimum investment in certain geographic areas. While there are a […]

Where is My Green Card?

EB-5 investment is a path to getting a green card, but it can sometimes take longer than expected and involve more steps than you might have imagined. I-526 Petition Approval After you have submitted your I-526 petition for review, you have officially started the process for EB-5 based permanent residency. But approval of your I-526 […]

Understanding Employee Qualifications for Direct EB-5 Investments

All investors appreciate the necessity of analyzing and assessing financial opportunities. It is crucial to inspect every possible aspect of an investment to ensure that all potential risks are factored in. When evaluating an EB-5 investment, even more scrutiny and due diligence is demanded of the prudent investor. EB-5 Direct Investment Opportunity Foreign nationals desirous […]

Assessing South Korean Immigration to the U.S.

Among Asian nationals, South Koreans tend to have a good understanding of the immigration picture in the United States. In conjunction with their improved economy, South Korean citizens have recently exhibited greater interest and participation in the EB-5 Visa program offered through the U.S. Citizenship and Immigration Services (USCIS). An EB-5 Immigrant Investor Program Overview […]

India & the EB-5 Visa Boom

The EB-5 Program has recently seen a dramatic increase in the number of Indian EB-5 Visa applications filed. On April 6, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that the congressionally mandated H-1B Visa cap for fiscal year 2019 had been reached within only five days of the agency opening applications. Yet again, the […]

Surge in EB-5 investors from Latin America

According to the US Department of State, FY 2016 saw nearly two times as many EB-5 immigrant investor visas being issued to Latin Americans as had been issued in FY 2015. This was a result of greater effort being put into encouraging Latin Americans to participate in the EB-5 Program in addition to the current […]

The Use of Bridge Financing in EB-5 Projects

United States Citizenship and Immigration Services (USCIS) established the EB-5 Immigrant Investor Program in 1990 as a way for foreign nationals to legally immigrate to the United States with an eventual opportunity for citizenship by making a substantial investment that bolsters the U.S. economy. The investment must be made in an approved project that will […]

Rescuing Troubled Projects

While many issues negatively affecting the success of an EB-5 project and the associated immigration process are related to fraudulent practices, that is not always the case. At times, financial difficulties may arise that put an investor’s immigration at risk. When this happens, a project is labeled as “troubled” and must be carefully monitored. All […]

The Use of Digital Currency in EB-5 Investments

There has been a recent increase in problems arising during the transferring of investment funds for EB-5 immigrant investors. Several countries, including China, Vietnam, and Ethiopia, have instituted regulations regarding how much currency they will allow to be changed into U.S. dollars and have imposed stringent requirements regarding the transfer of investment funds to the […]

SEC Regulations and Their Relevance to EB-5 Investments

There are two questions regarding EB-5 dealings that commonly come up in the legal arena. The first is whether individuals or entities who are recruiting EB-5 investors are permitted compensation if they are not registered broker-dealers. The second is whether a limited liability company (LLC)’s interest in an EB-5-funded new commercial enterprise (NCE) can legally […]

Choices to Make: The Risks and Benefits Associated with Various EB-5 Investment Models

Making decisions involving large amounts of money is never a simple process. For immigrant investors interested in participating in the EB-5 program, this process usually involves researching hundreds of available projects and investment options. One consideration for investors is whether to put their money into a regional center project or to invest directly into an […]

Making Sense of EB-5 Admin Fees

Though the EB-5 immigrant investor program can be an express lane to permanent residency, navigating its process and requirements can be a bit overwhelming. Since EB5AN is the foremost vendor for EB-5 regional center setup and access, our expertise is a reliable resource for investors, lawyers, and developers who need a little help to make […]

Grenada’s CBI Program Expedites EB-5 Investment

The bottleneck created by EB-5 retrogression has prompted prospective Chinese investors to seek another path to US investment and citizenship. As the sole possessor of both a citizenship-by-investment program and a bilateral investment treaty with the US, the tiny island nation of Grenada provides another option for these investors in the form of the E-2 […]

The EB-5 And Africa’s Economic Boom

Since the global financial meltdown of 2008, foreign direct investment (FDI) in the southern hemisphere has risen steadily, coinciding with explosive economic growth on the African continent. African countries such as Egypt, South Africa, Morocco, and Ethiopia have become both sources of wealthy investors and destinations for investment from other nations. African Investment Barriers Though […]

I-829 Petition Approval Requirements

Getting the I-829 petition approved is the final hurdle that EB-5 investors need to clear to complete the EB-5 process and become legal residents of the United States, on their way to full citizenship. In order to get his or her I-829 petition approved, the applicant must prove that the requirements of the EB-5 Program […]

The Uncertain Future of the EB-5 Program

To avoid a long-term government shutdown, the President and Congress just agreed to a defense spending budget for FY 2018 and FY 2019.The agreement also included a decision to provide continuing funding to several federal programs, including the EB-5 Program,through March 23, 2018. Labeled as the “Continuing Resolution,” this portion of the legislation also laid […]

USCIS Fourth Quarter I-526 and I-829 Data Released for FY 2017

USCIS recently updated its online data for I-526 and I-829 Petitions to include Q3 of fiscal year 2017. During Q3 (April through June), the Investor Program Office (IPO) significantly increased its processing of I-829 Petitions, outpacing the receipt of new petitions for the first time in years—and by a significant margin. This increase in processing […]

Navigating EB-5 Project Challenges

As the EB-5 industry expands and matures, it continues to face several serious challenges that threaten the integrity of the program as a whole. These concerns include fraud, misuse of investor funds, and other improper actions undertaken by regional centers and developers—which, in turn, might lead the U.S. Securities and Exchange Commission (SEC) to investigate. […]

USCIS Announces Regional Center Compliance Audits

On March 20, 2017, United States Citizenship and Immigration Services (USCIS) announced new EB-5 regional center compliance audits. Generally speaking, these audits are intended to enhance integrity within the EB-5 Program, to ensure that regional centers are operating in compliance with the law, and to determine whether they are promoting regional economic growth and job […]

Upcoming Changes to EB-5 Minimum Investment Amounts

For some time now, EB-5 professionals have been anticipating possible changes to the program—either through legislation or through regulation. Each time the EB-5 Program has been due for renewal over the past several years, some level of concern and speculation has arisen regarding potential changes to the program. The EB-5 Program is once again due […]

2017 Changes to the EB-5 Program and Industry Landscape

The EB-5 Program may be facing a number of changes in 2017 from a number of sources—a new administration focused on addressing immigration, a legislature poised to enact comprehensive immigration reform, newly proposed regulations by USCIS, and changes to Chinese capital export restrictions. Taken together, these factors indicate a high probability that changes will occur […]

Proposed EB-5 Program Revisions – January, 2017

United States Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security (DHS), has proposed a number of revisions to the EB-5 Program. These revisions were published in the Federal Register on January 13, 2017, and written comments will be accepted through April 11, 2017. The four primary revisions under consideration are […]

EB-5 Program Poised for Success under Trump Administration

After a contentious and in many ways unprecedented election season, one question looms in the minds of many: What next? What will President Trump do and how will his actions shape the future of the EB-5 Program? Much of Donald Trump’s platform relied on tough talk, particularly toward immigration, and as a result, many immigration […]

Five Recent Causes of RFEs and NOIDs for I-526 Petitions

In response to changing economic needs and securities regulations over the years, various trends have emerged in the adjudication of EB-5 visa petitions as United States Citizenship and Immigration Services (USCIS) focuses on new areas of concern within the program. As the I-526 petition is a crucial determiner of whether investors successfully navigate program requirements […]

USCIS Fee Increases Announced 10/28/2016

Today the Federal Register published U.S. Citizenship and Immigration Services Fee Schedule, a final rule adjusting the fees required for most immigration applications and petitions. Out of the above changes, the fee increase for Form I-924 is the most significant – a 186% increase from $6,230 to $17,795. This fee increase applies to new regional […]

Preparing for Changes in the EB-5 Program

Recent uncertainty regarding the future of the EB-5 Program harkens back to temporary shakeups in 2013 brought about by the publication of the May 30 memorandum by United States Citizenship and Immigration Services (USCIS). While EB-5 practitioners were quick to adapt to the adjustments outlined in the memo, similar concerns have arisen in the present […]

Primary Elements of a Safe EB-5 Project

The evolution of the EB-5 market has encouraged investors to undertake increased levels of due diligence prior to committing to projects. Aside from assessing whether a project will remain financially viable throughout the visa application period and beyond, investors have been encouraged by recent actions concerning EB-5 projects by the Securities and Exchange Commission (SEC) […]

Marketing the EB-5 Program in India

India has a long history of emigration beginning in colonial times and culminating in the recent migration of educated laborers to the West, Southeast Asia, and the Arabian Gulf. With its booming population and substantial middle class, India currently poses a significant opportunity for EB-5 developers. The Indian Economy In 2013, India was facing its […]

Marketing the EB-5 Program in Latin America

Recent delays in the processing of EB-5 visa petitions from Chinese investors have encouraged regional centers to focus on Latin America as a potential investment source. Despite political and social instability over the past decades, many Latin American countries are now experiencing economic growth, and the United States has emerged as an appealing destination for […]

EB-5 Regional Center Investments for Brazilian EB-5 Investors

The EB-5 Program offers unique opportunities for investors in Brazil to immigrate to the United States. However, despite the fact that Brazil has the largest economy and population in Latin America, few Brazilian EB-5 investors have applied for EB-5 visas over the past years. The reasons for this are twofold: Firstly, the booming economy in […]

Overcoming the Challenges Facing Iranian EB-5 Investors

Although Iranian EB-5 investors currently represent a small percentage of the overall number of EB-5 cases, only 0.7% as of 2014, recent changes brought about by the issuance of a general license by the Office of Foreign Asset Control (OFAC) have opened a door for this untapped market. However, immigration attorneys and Iranian investors poised […]

EB-5 Petition Processing Statistics USCIS: Q2 2016

On May 31st, 2016 USCIS released official statistics on current I-526 and I-829 processing through March, 2016 (Q2 of FY2016). I-526 Petition Trends The most recent quarter (Q2 FY2016) showed a substantial decrease in new I-526 filings due to the extraordinarily high number of filings in the previous two quarters. I-526 filings spiked at the […]

EB-5 Petition Filings Stronger than Ever and Growing

EB-5 Petition Filings Stronger than Ever and Growing According to recently released data from United States Citizenship and Immigration Services (USCIS), an increased number of EB-5 filings has resulted in a growing backlog of pending petitions. The updated data from USCIS provides numbers for Q1 of FY2016.   Increased Number of I-526 Petitions The record number […]

USCIS Proposed Fee Changes for the Regional Center Program  

Department of Homeland Security (DHS) has recently published a notice on proposed changes to USCIS’ fee schedule for the EB-5 Regional Center Program.  Key Highlights of the Proposed USCIS Fee Changes:  Annual Form I-924A Filing: $3,035 fee – – Additional new fee for all existing Regional Centers Form I-924 Application Filing: Increase from $6,230 to $17,795 – […]

Secrets to Bringing an EB-5 Project to Market

The EB5Investors conference in Las Vegas in January, 2016 had 800+ attendees and was the largest EB-5 gathering in US history. One of our founding partners, Mike Schoenfeld, participated on the EB-5 Myth-busters panel. This was a panel geared at newer members of the industry and the content was focused on helping participants understand the […]

Should you file an I-924 “Exemplar” Petition before September 30th?

Since the introduction on June 3, 2015 of the bipartisan American Job Creation and Investment Promotion Reform Act by Senators Patrick Leahy (D-Vt.) and Chuck Grassley (R-Iowa) the Grassley / Leahy Bill, there is increased discussion on whether potential projects should file an I-924 “exemplar” petition prior to September 30th, 2015, the date on which […]

Why are Hotel Projects so Popular for EB5 Regional Centers?

Why are Hotel Construction Projects so Popular for EB5 Regional Centers? New hotel construction is one of the most popular types of EB5 regional center investment today. The reasons behind this relate to the two primary goals for EB5 investors: (1) Obtaining a Visa (with the highest chance of it becoming permanent) and (2) Return of Investment Principal […]

Updated Processing Times from USCIS

USCIS updated the processing times for the Immigrant Investor Program Office on February 11, 2015. The processing times are slightly longer than previous figures: 14 months for I-526 Petitions. 11.4 Months for I-829 Petitions. 11.1 months for I-924 Applications. The processing times can be accessed at the following link: https://egov.uscis.gov/cris/processTimesDisplayInit.do

Implications of EB-5 Visa Retrogression

While the mechanics of visa retrogression on a per-country basis are complex, the reality is that there are only 10,000 visas available in the EB-5 category each USCIS fiscal year. Since an average of approximately two family members apply alongside each investor, USCIS can approve 3,300 EB-5 visas each fiscal year. However, as of May […]

Impact of Current EB-5 Processing Times

On October 24, 2014, USCIS released an updated EB-5 Processing Report of average processing times for the Immigrant Investor Program Office as of August 31, 2014. This recent report indicates that current average processing times are 13.8 months for Form I-526 (Immigrant Petition for Alien Entrepreneur); 7.2 months for Form I-829 (Petition by Entrepreneur to […]

Targeted Employment Areas

Getting an EB-5 project a targeted employment area (TEA) designation can be incredibly important for EB-5 investors. The required EB-5 investment amount is lowered from $1 million to $500,000 if the EB-5 project is conducted in a targeted employment area.

EB-5 in the Capital Structure

The EB-5 program allows for the flexible use of the investment funds. It can serve as equity funding or serve as junior, unsecured mezzanine debt. EB-5 funding is ideal for filling in the typical

EB-5 China Market Landscape

In the past year we have seen a significant spike in new entrants to the EB-5 market in China. With USCIS I-526 times projected to decrease, the number of potential projects for which EB-5 capital could work has largely increased.

USCIS May 2014 Call Transcript

Prepared Remarks of Nicholas Colucci, Chief, Immigrant Investor Program, USCIS USCIS投资移民项目主任Nicholas Colucci发言稿 Prepared Remarks of Nicholas Colucci Nicholas Colucci发言稿