Building a Pathway to U.S. Citizenship
through Investment Capital

The EB-5 immigrant investor program was created by the Immigration Act of 1990 and is administered by the United States Citizenship and Immigration Services (USCIS). The program enables foreign nationals who seek permanent resident status in the U.S. to invest capital in commercial enterprises that create local jobs in return for a Green Card.

However, for successful immigration, the investment must comply with requirements from the USCIS and other regulatory bodies in the U.S., including the Securities and Exchange Commission (SEC). Because EB-5 is a mixture of business and immigration, it is important for an investor to work with professionals that understand all aspects of the program.

EB-5 Program Life Cycle

Best Practices for Successful EB-5 Projects

With more EB-5 projects on the market than ever before, it is essential that investors use the right criteria to evaluate investment opportunities. Choosing the wrong project makes it impossible to immigrate successfully, and in some cases, the investment may be lost as well. We recommend hiring proven EB-5 professionals to help you review the project’s offering and make sure it follows these best practices:

  • Visit the project site and meet the team involved
  • Evaluate the financial controls and compliance strategy in place
  • Assess the project’s plan for job creation, third-party due diligence reports, and how the capital stack is structured
  • Confirm permits, land titles, and approvals
  • Look for projects that work with a third-party administrator to ensure funds are properly managed throughout the entire investment life cycle

Frequently Asked Questions about the EB-5 Program

What is a Regional Center?

Though some investors manage their investment project themselves, the majority work with Regional Centers (USCIS-approved businesses that recruit investors and manage EB-5 projects). A Regional Center coordinates and substantiates foreign investments for specific types of job-creating projects within a designated geographic area.

What is the immigration process like for EB-5?

When an investor selects a project, their investment funds are typically wired into a subscription escrow account. The investor then files their I-526 petition with the USCIS. When an I-526 is approved, the investor receives their conditional permanent residency and can begin their two-year residence requirement in the United States. Once the project and job creation are complete, the investor files their I-829 petition to remove conditions on their Green Card. If the I-829 is approved, the investor becomes an unconditional permanent resident of the United States.

What is escrow?

An escrow is a contractual agreement in which one party of a financial transaction entrusts funds to an independent third party, who holds the funds until release conditions are met before disbursing them to the fund recipient. In EB-5, escrows are not required, but they are an industry best practice, allowing investors to be confident their investment funds are secure.

What kind of projects use EB-5 funding?

As use of the EB-5 program has grown, EB-5 has become an increasingly mainstream source of capital. EB-5 is used as a funding source for projects across the country in a variety of sectors. Major categories for EB-5 projects include resorts/casinos/hotels, medical/healthcare, education, retail/ restaurant, public works, housing, mixed-use/office, and energy.