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What is EB-5?

EB-5 Project Qualifications

Minimum Investment of $1MM or $500K in a Targeted Employment Area (TEA)
Investment in a New Commercial Enterprise (NCE)* created after 1990 (Regional Center “passive investment” option created in 1993)
Investment must create (or preserve) 10 qualifying jobs

*New Commercial Enterprise: A business entity being used for EB-5 purposes.

EB-5 Direct vs. Indirect (Regional Center)

Investment Options

Direct Investment

Investment directly into NCE
Direct management of NCE by investor
Jobs directly created by NCE or a wholly-owned subsidiary(ies)

Regional Center Investment

NCE is a pooled investment fund that lends money to or invests in a Project Company
Investor has limited duties and power
Jobs created directly or indirectly by Project Company

Comparing EB-5 Investment Options

Direct Investment (eg: Franchise)	Regional Center (Indirect)
Investor actually wants to start and/or manage a business.	He or she is not interested in starting a business.
Business will be creating employment up front.	Although investor may want to start a business, it will not create sufficient employment for an individual EB-5.
The investment is the driving force behind his or her wanting to come to the US.	He or she wants to spend a significant amount of his or her time outside of the US.
He or she wants to have control over his or her investment.	He or she doesn’t care about controlling the business or investment.
He or she wants to maximize profits from his or her investment.	Less focused on Return on Investment.
Investor has some interest in Return on Investment although IMMIGRATION remains priority.	Immigration – – rather than running the US business – – is the driving force behind his or her investment.