Option 1:

• Each regional center and its businesses must focus in a geographical region in the USA to promote economic growth;
• Each investor (family) must invest a minimum of US$ 900,000 in a new commercial enterprise (also known as a capital investment in a USA company), which may be provided through equity or loan structures;
• Each applicant’s investment must create a minimum of 10 jobs;
• Regional centres benefit both as direct and/or indirect jobs – which can be counted for the visa requirements.

Option 2:

• The investment will go to a Job Creating Enterprise (JCE) which must have a direct relationship with the New Commercial Enterprise (NCE). Sometimes these two could be the same entity (the JCE and the NCE as one corporate entity);
• The investment of US$ 900,000 has to lead to the creation of direct full-time jobs for 10 local workers per investor;
• A portfolio of businesses or projects is allowed under this option but is not linked to a regional center;
• Regional centres benefit both as direct and/or indirect jobs – which can be counted for the visa requirements.

For this option, it may require more involvement by the investor to maintain the business. This may not be the best option for passive investors, but a viable solution if a foreign entrepreneur investor would like to have a hands-on investment in the USA.

This email address is being protected from spambots. You need JavaScript enabled to view it. and our office can assist with the selection criteria and related risks for the qualified EB5 investment projects.

Who is involved in a regional centre investment?

Investment through regional centres will typically involve at least three entities: the regional centre, JCE, and NCE. The detailed structure of the financing and relationships between these three entities may vary based on each project.

How many EB5 visas are issued each year?

There are 10,000 EB5 visas issued every year by the USA government.

The EB5 application process for new applicants:

• Select a designated project (This email address is being protected from spambots. You need JavaScript enabled to view it. and our office can assist with the selection criteria and related risks);
• File form I-526 at the National Visa Centre;
• Wait for USCIS Processing Time AND Possible Wait for Quota Availability (example: China, India, Vietnam);
• Consular Processing (which may require an interview) OR Adjustment of Status to obtain a conditional green card;
• After 21 months file for form I-829 to get an unconditional green card (at this point the project the applicant has invested in has to prove that the jobs were in fact created).

What is one of the most important aspects of the EB5 investor visa program?

Part of the EB5 I-526 petition is providing the source and path of funds for the investment (net worth) which must have been lawfully obtained. It can be through multiple sources and can have been made in a number of different countries. The funds can also be ‘gifted‘. However, in all cases the path of funds must be traceable. Our office will provide consultation and services to create a narrative of the applicant’s source of funds.

Documents that may be required for proof of funds could be tax returns (if applicable), property / real estate, corporate documents, gifted funds or inheritance.

Why applying earlier is better under the EB5 investor visa program

The ‘filing date’ is created upon filing the I-526 petition. This petition must be approved and the priority date of the petition must be current – and a visa number must be available.

If there are not enough visa numbers available (i.e. more applicants than allocated visas for that source country) then there will be a cut-off date. This will lead to longer wait times and children not being included on the file because of their age.

Document requirements for the USA EB5 investor visa program

• Passport or another valid travel document;
• Marriage certificate;
• Birth certificate of the applicant and qualified dependents;
• Resume of the applicant (investor);
• Education documents of the applicant;
• Copies of US visas / Form I-94 for the main applicant and qualified dependents;
• Any court documents relating to legal proceedings in which the applicant has been involved (civil or criminal);
• Source of funds documentation. A few examples below:
  • Shareholder registry;
  • Business license(s);
  • Statement of assets & liabilities (for business);
  • Income statement – profit & loss (for business);
  • Letter from accounting or lawyer representing the investor in the sale of any assets;
  • Contracts of sale and/or purchase of real estate/property;
  • The property title deed of property / real estate to prove ownership;
  • Proof of paid taxes for the past 5 years;
  • Employment certificates for proof of salary/income;
  • Bank account statements;
  • Death certificate(s) and evidence of the relationship of deceased, for proof of inheritance.

This email address is being protected from spambots. You need JavaScript enabled to view it. for a fully customized list of documents for your EB5 investor visa application.

What are the steps you need to take to start the application?

• Answer our simple EB5 investor visa questionnaire;
• Sign a retainer agreement for our services;
• EB5 qualified investment project review with our office;
• Soft document review;
• Applicant selection of the EB5 project to invest;
• Filing of the application forms with the USA government (I-526 petition).

Special Instructions for the source of funds from China

A) Annual currency export restriction:

• Each Chinese citizen is limited to exchanging USD$ 50,000 in Chinese currency per year.

B) Using the Friends/Family path:

• Each and every friend or family member who exchanged the US$50,000 is required to submit bank records proving each deposit and transfer, with an affidavit attesting the transfer;
• It should be very clear to show that the funds originated from the investor, which were transferred to the friends/family members for exchange into USD, and were finally invested in the NCE on the investor’s behalf;
• USCIS will issue a Request for Evidence (RFE) if the above documents are not provided by the investor.

C) Exception to the Annual Export Restriction:

• The central bank of China has established the Free Trade Zone RMB Cross Border Settlement currency exchange program. This allows Chinese citizens to exchange RMB funds into USD without any limit;
• Under this exception, the EB5 investor can work with an authorized bank in China (designated by the EB program) to exchange the investor’s RMB and transfer the USD to the EB5 escrow account all in one transaction.