The classic EB-5 Immigrant Investor Program scenario involves a U.S. company seeking a loan from a pooled EB-5 investment as part of its capital stack. However, a new trend in the EB-5 space is the growing number of international developers using EB-5 funds to finance...
The EB-5 program was designed to reward foreign investors who invest $1 million into a new commercial enterprise that creates ten full-time jobs as a result of their investment. However, most EB-5 petitioners lawfully invest $500,000 for the same benefit. This lower investment threshold is...
There are three basic components that must be proven in a successful EB-5 investor petition: (1) investment of the requisite amount of capital[1]; (2) in a new commercial enterprise; which (3) results in the creation of at least 10 new, full-time jobs.[2] USCIS is very...
With all the recent controversy surrounding fraudulent uses of EB-5 funds, it is easy to forget the many benefits of the program, not only economic—in driving the expansion of American businesses and job creation—but environmental, as well. In fact, Eb-5 funds have fueled numerous eco-friendly...
On January 28, 2015, Congressmen Jared Polis (D-CO) and Mark Amodei (R-NV2) introduced a bi-partisan bill into the House of Representatives. The bill proposes to amend the Immigration and Nationality Act to make the EB-5 Immigrant Investor Program, scheduled to expire on September 30th of...
EB-5 investments require a minimum of $1 million—or $500,000 in a Targeted Employment Area (“TEA”)—and the creation of ten full-time jobs within two years of an investor’s obtaining lawful permanent residency. This requirement can be met by directly purchasing a unit of a franchised business....
Recently, there has been more concern over whether the EB-5 Regional Center program will be renewed in 2015. The program is set to “expire” on September 30, 2015, unless it is renewed for the tenth time! Additionally, there is concern because of the results of the...
In Part 1 of this two-part series, we reviewed many of the key questions that investors should ask concerning the legal, economic, and financial aspects of EB-5 projects. In this post, we will cover what business owners and developers need to assess before committing resources...
Investors and business owners seeking to enter the EB-5 arena must conduct a thorough analysis at the outset to determine whether the particular project meets all EB-5 requirements and is likely to pass USCIS scrutiny. In addition to assessing its EB-5 readiness, investors should scrutinize...
Corruption in the EB-5 Regional Center Program: Part 1 This is Part 1 in a three-part series on corruption in the EB-5 Regional Center. In this post, we will examine how and why fraud has taken place within the program. In Part 2, we will...