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EB-5 PROGRAM

Employment-Based Fifth (EB-5) Immigrant Investor Program

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USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for lawful permanent residence (become a Green Card holder) if they:

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  • Make the necessary investment in a commercial enterprise in the United States; and

  • Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

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This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.

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Per the EB-5 Reform & Integrity Act of 2022 (EB-5 RIA 2022), the minimum capital investment required for a TEA project is $800,000 USD and for non-TEA projects is $1,050,000 USD.

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USCIS website for the EB-5 Program: https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program

Direct EB-5      Regional Center EB-5

Advantages of the Regional Center EB-5 program

01.

Passive Investment

Regional Center EB-5 allows investors to participate in projects managed by experienced professionals, offering a more passive investment approach compared to the direct program.

02.

Job Creation Flexibility

Regional Center projects often use indirect job creation calculations, providing more flexibility in meeting the EB-5 job creation requirements, which can be challenging in the direct program.

03.

Diverse Project Options

Investors in Regional Centers can choose from a variety of pre-approved projects, ranging from real estate developments to infrastructure projects, providing a broader range of investment options.

04.

Risk Mitigation

Regional Center projects may distribute risk across multiple investors and industries, potentially reducing the impact of unforeseen challenges on individual investors compared to direct investments.

05.

Geographic Flexibility

Regional Centers can operate in targeted employment areas (TEAs), which may have lower investment thresholds and facilitate investment in areas with high unemployment, broadening geographic options for investors.

06.

Limited Management Responsibility

Regional Center investors are not actively involved in day-to-day management, allowing them to focus on immigration goals without the need for direct business oversight.

07.

Easier Adjudication

Regional Center projects often have a more established track record, potentially leading to smoother adjudication processes with U.S. Citizenship and Immigration Services (USCIS) compared to individually managed businesses.

Additional Information

Visa Cap, EB-5 Reform and Integrity Act of 2022, and More

  • What is the minimum investment amount?
    TEA projects: $800,000 USD Non-TEA projects: $1,050,000 USD
  • What is a regional center?
    A Regional Center is an economic unit, public or private, that is involved with promoting economic growth. Regional Centers are designated by the USCIS for participation in the EB-5 program; they will pool investors’ funds together and use it in job creating enterprises in order to satisfy job creation requirements of the EB-5 program. ARCFE is a USCIS designated regional center. Investor can verify this information by going to the USCIS website below and search one of the following: Our name: American Regional Center for Entrepreneurs Inc. Our ID: RC2200000292 Approved Regional Center Search
  • What is a New Commercial Enterprise (NCE)?
    NCE, or New Commercial Enterprise, is a term in EB-5 referring to a business entity created for investment purposes, often facilitating job creation and economic growth.
  • What is a Job Creating Enterprise (JCE)?
    JCE, or Job-Creating Entity, in EB-5, refers to the business entity in which an investor's capital is invested to generate employment.
  • What is Targeted Employment Area (TEA)?
    A TEA is a geographical area that is considered rural or has an unemployment rate of at least 1.5 times the national average. The required minimum investment fund for TEA projects is lower than non-TEA projects. Investments made in TEAs qualify for a reduced minimum investment amount compared to non-TEAs. This incentive aims to encourage economic development in areas facing employment challenges.
  • What is the difference between direct EB-5 and regional center EB-5?
    Direct EB-5 involves investors personally managing their business ventures, requiring active involvement in job creation. In contrast, Regional Center EB-5 allows passive investment in government-approved projects. While both lead to U.S. green cards, the key distinction lies in the level of investor involvement and the nature of job creation within the respective programs.
  • What is the “at-risk” requirement?
    To ensure that the investment funds will be used for job creation, the capital invested by the EB-5 investors must qualify as an “at-risk” investment. This means that the capital invested could either produce a gain or a loss.
  • How long are investors required to maintain the “at-risk” requirement for their investment?
    The clock starts when the full amount of the EB-5 required investment is transferred to the Job Creating Entities (JCE).
  • What kind of return on investment can investors get?
    While the principal of the investment must be at risk and return on investment cannot be guaranteed, projects that employ a loan-based model might be able to earn interest (typically 1-2%); while equity investors’ earning will vary based upon the profitability of the enterprise. Investors must remember that the main purpose of EB-5 investment is to get the green cards, therefore, a low ROI that is safe from an immigration perspective is typically better than a project with high ROI but bigger immigration risk.
  • How many family members can get Green Card on the EB-5 application?
    The investor, their spouse, and any unmarried children (even if adopted) under the age of 21 of the time of the I-526E petition approval may receive a green card.
  • How to calculate my child’s age to determine eligibility?
    The CSPA Age Calculation formula is: Age at the time of visa availability - Pending time = CSPA Age
  • Are there age restrictions?
    There are no age restrictions. However, individuals under 18 years old cannot sign a legally enforceable contract.
  • What is the job creation requirement?
    Each EB-5 investment must create at least 10 full-time jobs for U.S. workers, lawful permanent residents, or immigrants authorized to work in the U.S. Job creation must occur over a period of two years. By pooling funds with other investors in a Regional Center EB-5 project, investors receive the benefit of indirect job creation.
  • What is the most common reason for denial of an I-526E petition?
    I-526 petitions are most commonly rejected due to applicant’s failure to demonstrate that investment funds were lawfully obtained.
  • What are some important points to keep in mind when providing evidence on the source of funds (SOF)?
    Simple and straightforward is the best option.
  • What does “investors’ asset must be lawfully gained” mean?
    Under USCIS regulations, investors must demonstrate that investment assets were gained in a lawful manner such as income from a bonafide business, salary, investments, sale of a property, inheritance, gift, loan, or other lawful means.
  • Are loans an acceptable SOF?
    Yes loans are an acceptable source of funds as long as the applicant can provide necessary documents.
  • Can I use 401K funds as part of my source of funds?
    Yes you should be able to as long as you can demonstrate how you legally earned the funds.
  • What does the EB-5 priority date refer to?
    The priority date, also known as the receipt date or filing date, is the date on which the I-526 petition is received and filed by the USCIS. It is typically used to determine an applicant’s place in the visa queue.
  • What’s the difference between Chart A and Chart B of the Visa Bulletin?
    The Final Action Dates (Chart A) charts indicate when an applicant may be scheduled for a consular interview and when their case may be processed to completion by DOS or USCIS. Immigrant visa numbers can be authorized for issuance only for an applicant whose priority date is earlier than the Final Action Date for their category and country of chargeability (or the category is Current). The Dates for Filing (Chart B) charts indicate when an application is within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the Date for Filing for their category and country of chargeability (or the category is Current) may assemble and submit required documents to the DOS National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. For noncitizens interested in pursuing adjustment of status, USCIS may allow them to apply for adjustment based on the Dates for Filing chart.
  • Is ARCFE a USCIS-approved regional center?
    Yes, ARCFE is a USCIS-approved EB-5 regional center. We were initially designated in 2013, and was redesignated under the EB-5 RIA 2022 in 2022. Investor can verify this information by going to the USCIS website below and search one of the following: Our name: American Regional Center for Entrepreneurs Inc. American Regional Center for Entrepreneurs Inc. Our ID: RC2200000292 Approved Regional Center Search
  • What is ARCFE’s track records?
    We have served over 1000 clients over 15 real estate EB-5 projects in NYC and New Jersey, with 100% project approval rate. We have successfully returned 100% EB-5 capital to all eligible investors, totaling to $62M+ as of December 2023.
  • Why should investors pick ARCFE?
    We are an award-winning Regional Center that has an excellent track record of successfully completing the investment and obtaining permanent green cards for our investors. We have also returned all EB-5 capital to all eligible investors. We also provide unique and flexible investment plans to meet investors' needs. We also work with third-party professionals to provide additional services to our investors and their families, including: Education consulting Career planning Mental health consulting Tax planning Financial planning & investment Real estate investment
  • What are ARCFE’s criterias for picking projects?
    Our projects are mostly real estate projects in the New York City areas. When we pick a project, we have to be comfortable with the developers, who will use the fund in their projects. For real estate, the locations are also very important. All of our projects are at prime locations in the Metro New York areas. All are in close proximity to transportation, such as subway, highway, bus stops, etc. Also, we also want to have good security. The funds are usually advanced in the form of loans, for which we have to get collateral just in case something happens.
  • Does ARCFE report construction progress to investors?
    Yes, we periodically report construction progress in both writing and photos (with occasional videos as well) on both our website and via our email system.
  • What services do ARCFE offer?
    We offer EB-5 investment consultation, evaluating & selecting strong projects, construction progress updates and EB-5 petition updates.
  • Most investors invest with the goal of providing better opportunities and futures for their children. What are the benefits of having a green card for the investors’ children?
    If the children are at the age of Kindergarten to 12th grade, they can attend public schools, which offer great education at no cost. The children can also apply to universities as domestic students, rather than foreign students and rely on the F-1 international student visa. It’s especially important when the children graduate from college and try to find a job. Without a green card, they have very limited opportunities.
  • Difference between Conditional and Permanent Green Card?
    The USCIS issues conditional green cards after approval of the I-526E petition. These green cards last for two years. Investors receive permanent green cards upon USCIS approval of the I-829 petition.
  • Are investors with Conditional Green Card subject to U.S. tax law?
    Yes. Green card holders are taxed in the same way that U.S. Citizens are; green card holders are subjected to federal tax on worldwide income as of the date they become residents.
  • Can investors live overseas during the waiting period?
    The investors may work overseas, if required, based upon the nature of his/her business or profession. For those permanent residents living outside the U.S., it is recommended that the investor and family re-enter the U.S. no less than once every six months. The longer the investor and family are present in the U.S., the less likely the government is to claim that the investor “abandoned” the U.S. as a permanent resident, thereby jeopardizing green card status. In some cases, investors may seek the issuance of a “re-entry permit”. This allows the investor permission to remain outside the U.S. for as long as two years without having to re-enter the country to maintain permanent resident status. Children may remain in school even if the investor leaves the U.S.
  • Must investors with Green Card apply for citizenship?
    No, investors with green cards are not required to apply for citizenship
  • When can an investor apply for U.S. citizenship?
    An EB-5 investor may apply for U.S. citizenship after 5 years in the U.S. This period begins when the USCIS granted the investor his/her conditional permanent residency. The investors must also being physically present in the country at least 50% of the time and not abroad for more than six months.
  • What will happen if the applicant has a health concern?
    As a required part of the immigrant visa process, the applicants must get a physical examination. If an immigrant has been treated for the health concern and is no longer contagious, he/she should be permitted to enter the U.S.
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