​Initially, the investor must make a qualifying investment in a new commercial enterprise that generates jobs within the United States. The investment amount is either $800,000 or $1,050,000, depending on whether the enterprise is located in a targeted employment area or not.

After making the investment, the investor files an I-526E petition with U.S. Citizenship and Immigration Services (USCIS) to establish eligibility. Upon USCIS approval, the investor can proceed with either an adjustment of status (if already in the U.S.) or consular processing (if abroad).

Conditional green cards, valid for two years, are then granted to the investor and immediate family members. During this conditional period, the investor must ensure that the investment fulfills the job creation requirements and remains invested for at least two years.

Shortly before the second anniversary of obtaining conditional green cards, an I-829 petition is submitted to remove conditions and attain permanent green cards for the investor and their family. USCIS reviews the petition to confirm job creation compliance. Upon I-829 approval, unconditional permanent U.S. residence is granted, allowing the investor and their family to live, work, and study in the United States indefinitely.

It is crucial to adhere to the specific requirements and regulations of the EB-5 program, and consulting with an immigration attorney is highly recommended for a successful process. Immigration Lawyer Directory

​We generally advise our customers to plan to expend $900,000 toward an EB-5 Visa.
The costs associated with the EB-5 program typically include the following:

1. Investment Amount: The primary cost is the investment itself, which amounts to $800,000 in a targeted employment area (TEA) or $1.05 million in other areas.
2. USCIS Filing Fees: USCIS charges a fee of $3,675 for processing the I-526 petition and $3,750 for the I-829 petition.
3. Immigration Attorney Fees: It's advisable to engage an experienced immigration attorney specializing in EB-5, with fees ranging from $15,000 to $30,000. The cost may vary based on factors like including one or both petitions, handling Requests For Evidence or Notice To Deny, and the complexity of the source of funds or investor's background.
4. Administrative Fee: Regional centers charge administrative fees to ensure the compliance of the EB-5 Fund, Project, and other entities involved in the fundraising process. Administrative fees can range from $0 - $80,000.
5. Other Expenses: Additional costs may include tax advice, due diligence, site visit, source of funds documentation, background checks, and miscellaneous expenses.

​The time to obtain your EB-5 Green Card varies based on factors like the I-526E processing time and visa availability. Recent developments have led to shorter waiting times, particularly for rural projects, with I-526E processing taking around 6-9 months in such cases, significantly expediting the Green Card process. Additionally, investments made in rural and high-unemployment areas qualify for visas set aside, allowing new petitioners to jump ahead of the line, bypassing previous EB-5 investors and expediting their Green Card applications.

​EB-5 investments offer a diverse range of Rates of Return (ROI), typically spanning from as low as 0.25% to as high as 20% per year. Unlike traditional investment markets where ROI often correlates with risk, the EB-5 market operates uniquely. EB-5 investments are notably illiquid, and investors may encounter limited options.

Notably, some leading EB-5 groups heavily rely on showcasing their past results, which can be potentially misleading. It is crucial to thoroughly assess your investment choices and seek guidance from a SEC-registered broker representative to align your investment with your risk tolerance and financial goals.

• ​Substantial Setup Costs: EB-5 investments entail considerable upfront expenditures. These include legal fees for immigration and securities lawyers, hiring economists and business plan writers, fund administration costs, regional center sponsorship expenses, and marketing or solicitation expenses. These combined costs are significantly higher than those associated with domestic equity investments.
• Capital Uncertainty: A critical factor impacting EB-5 investments is the uncertainty surrounding when and if the required capital will be successfully raised. The timing and completion of the capital raise are subject to various factors, including investor interest and the ability to secure the necessary funds. This unpredictability adds risk and cost to businesses seeking EB-5 capital.
• Achieving Attractiveness: To offset the higher costs and the unpredictability of EB-5 capital, projects must offer investors a substantial incentive in the form of cost savings compared to alternative sources of capital. This financial enticement is reflected in the investment's returns, often resulting in lower ROI for EB-5 investors.

​Regulations require that EB-5 investments must be equity investments. But, as is often the case with regional center investments, the EB-5 fund that collects investor capital then makes a loan to a job-creating entity (JCE). Investors are typically repaid upon the redemption of the loan by the EB-5 fund, but this is not always the case. Review our investment terms and the offering documents carefully to understand how EB-5 investors are treated. With a direct investment, the structure is far simpler: the investor makes an equity investment directly into the business that creates the jobs. The investor can therefore have the exibility of when to sell their equity and exit on market terms and rates.

​Yes. To qualify for the $800,000 investment amount (instead of the $1,050,000 standard investment) the project must be located in a Target Employment Area (TEA), or be an infrastructure project. To qualify for TEA designation, the project must be in a rural area or a high-unemployment area 50% above national average. The investments currently on eb5Marketplace are $800,000 investments.

​Yes, it's possible to use loan proceeds for an EB-5 investment, provided that the loan isn't secured by the project being invested in. Historically, there were restrictions on using unsecured loans for EB-5 investments, but in 2020, a significant change occurred with the D.C. Circuit court's ruling, allowing EB-5 investors to utilize unsecured loan proceeds as part of their investment capital. However, it's essential to seek guidance from your immigration attorney to ensure full compliance with the regulations.

​Yes, you can utilize a gift to fund your EB-5 investment. However, specific details about the gift, including the person providing it, the timing, and the source of their funds, must be well-documented in your I-526E petition. These details are a crucial part of your Source of Funds review. It's also important to note that the source of funds for the giftor will need to undergo review to ensure compliance with the EB-5 program requirements.

​No. Only spouses and unmarried children under 21 may be included (as derivatives) on a petition.

​Yes. Many investors have chosen this path. The EB-5 Reform and Integrity Act of 2022 now allows investors with an H-1B visa to file concurrently file their I-526 petition and I-485, for adjustment of status. Concurrent filing removes the restrictions of H-1B, E-2 and F-1 visas, and lets an EB-5 investor live, work and study anywhere in the U.S.

​It is permanent. You can live and work anywhere in the U.S. and its territories; children can attend university at in-state tuition rates; no language requirements; and it’s relatively simple. Further, an EB-5 visa allows you to apply for U.S. citizenship after five years.

​Yes, you can, if you can provide clear evidence that the digital assets are of legal origin and that you were the owner.

Proving that this investment capital was obtained legally and was owned by an investor is challenging due to the perceived anonymity of cryptocurrency. Thus, it is critical to develop a source of funds strategy with an attorney who understands cryptocurrency and how USCIS perceives it.

Typically, the investor converts his digital currency into conventional currency before giving his funds to the investment project. However, when proceeds from the sale of digital currency come from a country with no legal framework for cryptocurrency exchange, USCIS may question the legality of these funds. An experienced attorney will help provide evidence of the transaction in terms applicable to the conventional sale of assets, with as much transparency as possible, and all required taxes paid.

​No daily management of the business operations is required. The USCIS policy manual states that an EB-5 investor must be “engaged in the management of the new commercial enterprise, either through the exercise of day-to-day managerial responsibility or through policy formulation.” Voting rights with regard to policy formulation, as a limited partner or board member, will fulfil this requirement.

​Yes. This can be done through a job-creating business with an investment of approximately $200,000, and then increasing the investment to $800,000, so long as 10 jobs are created. We can introduce potential E-2 applicants to business brokers and immigration lawyers.

​All EB-5 investments must be “at risk,” as per USCIS program requirements. But the risk of getting your capital returned in a timely manner is manageable. And investment due diligence is vital.