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How to craft an eb-5 business plan: guidelines for business leaders.

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I am the Managing Partner of  EB5 Affiliate Network  - a national EB-5 visa firm with 1,800+ foreign investors from 60+ countries. 

The EB-5 Immigrant Investor Program has provided business leaders and project developers in the U.S. with a source of capital for more than 30 years. It has strengthened the U.S. economy by driving foreign direct investment, which is often available to projects at below-market rates.

As the founder and managing partner of an EB-5 firm, I have helped numerous business leaders structure their EB-5 projects and gain access to EB-5 investment capital. Although the EB-5 program offers an opportunity to secure financing at below-market rates, business leaders should keep in mind that sourcing EB-5 capital is a complex process that requires the involvement of many professionals across various disciplines. Additionally, the United States Citizenship and Immigration Services (USCIS) sets out numerous requirements for EB-5 projects , which can be challenging to comply with.

During my years of experience with the EB-5 program, I have observed that many EB-5 project developers do not place enough importance on one of the most important elements of an EB-5 offering: a compliant business plan.

Why Have A Strong EB-5 Business Plan?

Having a strong business plan is essential to the success of an EB-5 project. EB-5 business plans must convincingly show that a project is feasible and will fulfill the criteria of the EB-5 program. USCIS carefully evaluates all EB-5 business plans before granting approval to any EB-5 investor.

Additionally, if an EB-5 project lacks a comprehensive business plan, potential investors are unlikely to subscribe. EB-5 investors typically look for the most trustworthy projects with the lowest immigration risk.

EB-5 Business Plan Guidelines

A 1998 precedent court decision — Matter of Ho — defines the requirements for an EB-5 business plan and provides EB-5 project sponsors with a general outline of what their business plans should look like. In essence, EB-5 business plans must prove that the project will strengthen the economy and create at least 10 full-time jobs per investor.

In this article, I describe five essential elements of a successful EB-5 business plan. Since the regional center and direct EB-5 investment models differ greatly, I also note the differences between business plans for each investment option.

Five Elements Of A Successful EB-5 Business Plan

1. A Clear And Transparent Description Of The Project

USCIS will need to see a comprehensive outline of the EB-5 project’s business model. The business plan should clearly explain the business’s purpose, development timeline, operational plan and financial projections. Moreover, the business plan should provide information regarding the project’s management team, key personnel, professional consultants and contractors and the overall business structure.

2. The Marketing Approach

Every sponsor of a business or project must have a feasible marketing strategy to drive profitable operations. A sponsor’s marketing approach to find EB-5 investors is equally important. EB-5 projects should consider producing a set of marketing materials, scheduling a series of seminars for potential investors and possibly working with foreign migration agents.

Additionally, investors from different regions will have varying expectations and criteria when they search for available EB-5 projects. Therefore, the marketing plan must be tailored to each target EB-5 market.

As part of the marketing approach, EB-5 project developers should provide information on how involved their investors will be in business operations. In regional center–sponsored projects , EB-5 investors typically subscribe as limited partners. As such, their involvement in business management will likely be confined to voting on certain issues. In contrast, direct EB-5 investors typically have more control over how their capital is used. Some direct EB-5 investors participate in the management of day-to-day operations. Of course, an investor’s level of involvement also depends on the project’s management structure.

3. Employment Creation

Since generating jobs is one of the main objectives of the EB-5 program, the employment-creation section of the business plan is critical. The business plan must describe how many jobs will be created, the nature and responsibilities associated with each position and an anticipated timeline for hiring the employees. Job creation must be carefully considered to ensure that every EB-5 investor is allocated at least 10 permanent full-time positions.

The methods for demonstrating employment creation differ significantly between regional center and direct EB-5 investment projects. Direct EB-5 investment projects can count only direct employment or full-time jobs that appear directly on the new commercial enterprise’s payroll. In contrast, regional center projects can count direct, indirect and induced positions. Indirect and induced employment is calculated by using development expenditures and operating revenues as inputs to an econometric model.

4. Financial Projections

EB-5 business plans should also demonstrate a project’s ability to succeed financially. The business plan must include financial projections, including estimated revenue, expenses and other details. All projections must be supported by credible third-party data and/or market or feasibility studies. Many project developers commission a financial analysis from a third party. In addition, the business plan should outline specifically how the EB-5 investment capital will be used.

Financial projections will partly depend on the project’s investment model. For instance, direct EB-5 investment projects typically have smaller offerings, and their investors usually receive higher returns.

5. Required Documentation

EB-5 business plans must demonstrate that the project has obtained, or will obtain, all required permits and/or licenses to operate legally. These permissions may be required at the local, state and federal levels. If the project is sponsored by a regional center, the business plan must also provide information on the regional center and provide proof that it has received designation from USCIS.

Crafting a successful EB-5 business plan requires professional execution and careful preparation. Still, the EB-5 investment industry has never been more promising. Since the minimum investment amounts were lowered on June 22, 2021, foreign nationals can now make a direct EB-5 investment at only $500,000 . Consulting with EB-5 professionals and legal counsel will be invaluable as sponsors structure projects and prepare to raise EB-5 investment capital.

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EB-5 Green Card For Entrepreneurs:

Investor visa pathways, introduction – pioneering with the eb-5 green card.

Brief Overview:

The EB-5 Green Card, Immigrant Investor Program, is a unique pathway that stands at the intersection of entrepreneurship and immigration. It’s not just a visa; it’s an opportunity for visionary entrepreneurs to shape their American dream into reality. Gaining a deep understanding of the EB-5 program allows entrepreneurs to tap into opportunities that can lead to significant business growth and successful ventures in the U.S.

This presentation aims to delve deep into the EB-5 program, exploring its nuances, requirements, and how it empowers entrepreneurs to not only invest in the American economy but to also create jobs and foster economic growth. Join us on this journey as we navigate through the various facets of the EB-5 Green Card, paving the way for entrepreneurial success and growth.

A. The EB-5 Green Card – An Entrepreneurial Insight

Key Points:

The EB-5 program recognizes the diverse needs and aspirations of entrepreneurs. It provides a framework that can be adapted to various entrepreneurial ventures, be it startups, expansions, or revitalizations. This adaptability makes it a versatile tool for entrepreneurs looking to make their mark in the American business landscape.

By pursuing the EB-5 program, entrepreneurs can unlock a pathway that not only fulfils their immigration goals but also enables them to drive economic growth, create jobs, and pioneer innovative ventures in the U.S.

B. EB-5 Investor Visa – Investment And Job Creation

The EB-5 Investor Visa requires a substantial investment in a qualifying commercial enterprise. Currently, the minimum investment required is $1.05 million, or $800,000 if the investment is made in a Targeted Employment Area (TEA), which is an area with high unemployment or a rural region.

One of the core objectives of the EB-5 program is to stimulate job creation in the U.S. Entrepreneurs are required to create or preserve a minimum of 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor’s admission to the United States.

C. Direct Investment vs. Regional Center: Choosing the Right Path

1. Direct Investment: Entrepreneurial Ventures At The Helm

• Definition : Direct investment involves an entrepreneur directly establishing, managing, and operating their commercial enterprise. This hands-on approach allows entrepreneurs to have full control over their business operations and strategic decisions.
• Control And Autonomy : Entrepreneurs have the freedom to implement their vision and business strategies without any external influence.
• Close Oversight : Direct involvement ensures a deep understanding of day-to-day operations and allows for immediate responses to market changes.
• Flexibility In Business Model : Entrepreneurs can tailor the business model to align with their unique entrepreneurial vision and goals.
• Higher Level of Responsibility : Entrepreneurs bear the sole responsibility for the success and compliance of the enterprise.
• Resource Intensity : Direct investment demands significant time, effort, and resources in managing the business.

2. Regional Centers: Harnessing Collective Entrepreneurial Potential

• Definition: Regional centers are designated entities approved by the USCIS to facilitate EB-5 investments in specific areas. They aggregate funds from multiple investors to finance large-scale projects that are designed to create substantial employment opportunities.
• Diverse Investment Opportunities : Regional centers offer access to a wide range of projects, which may include industries such as real estate development, infrastructure, and more.
• Reduced Management Responsibility : Investors in regional centers typically have a more passive role, allowing them to focus on other entrepreneurial pursuits or commitments.
• Potential For Indirect Job Creation : Regional center projects can lead to indirect job creation through economic activities and supply chain effects.
• Limited Control : Entrepreneurs may have less control over the day-to-day operations and strategic decisions of the project.
• Reliance on Regional Center Management : Success depends on the competence and effectiveness of the regional center’s management team.

3. Comparative Benefits And Considerations For Entrepreneurs

• Tailored Approach : Entrepreneurs should evaluate their entrepreneurial style, expertise, and objectives to determine which path aligns best with their goals.
• Risk Tolerance : Consideration of risk tolerance is crucial. Direct investment may offer more control but also involves higher risk, while regional centers may provide a more diversified investment but with potentially lower returns.
• Diversification of Portfolio : Entrepreneurs with a keen interest in multiple industries may find regional centers appealing due to the array of projects available.

D. Job Creation And Economic Impact of EB-5 Entrepreneurial Ventures

1. Local Impact: Job Creation, Specialized Products, And Economic Upliftment

• Job Creation : EB-5 entrepreneurial ventures play a pivotal role in generating employment opportunities within the communities they operate. Entrepreneurs are often catalysts for job growth, directly employing individuals and indirectly contributing to job creation through the supply chain and service sectors.
• Specialized Products And Services : Entrepreneurs, driven by innovative ideas and unique business models, introduce specialized products or services to the market. These offerings address specific needs and demands, adding diversity and value to the local economy.
• Economic Upliftment : By establishing and growing successful businesses, entrepreneurs contribute to the economic development of the region. They stimulate economic activity through spending, investment, and taxes, ultimately fostering a more prosperous and vibrant local economy.

2. Scaling The Effects: Expanding From Local To National Economic Implications

• Supply Chain Integration : Successful EB-5 entrepreneurial ventures often integrate with local and national supply chains. This integration leads to a broader economic impact, as these ventures source goods and services from a variety of suppliers, creating a network of economic interdependence.
• Multiplier Effect : The economic benefits generated by EB-5 entrepreneurs do not remain confined to their immediate surroundings. They often have a multiplier effect, meaning that each dollar spent or earned in their business operations circulates through the economy, creating a ripple effect of economic growth.
• Innovation And Competitiveness : Entrepreneurial ventures at the forefront of innovation contribute to the nation’s overall competitiveness in the global market. Pioneering ideas, cutting-edge technologies, and novel business models position the U.S. as a leader in various industries.

3. Showcasing Entrepreneurial Contributions To The U.S. Economy

• Entrepreneurial Showcase : EB-5 entrepreneurs exemplify the spirit of innovation, risk-taking, and economic empowerment. Their ventures serve as showcases of American entrepreneurship, illustrating the dynamic and diverse landscape of businesses that drive the nation’s economic prosperity.
• Case Studies And Success Stories : Highlighting specific EB-5 entrepreneurial ventures and their impact can inspire and educate others about the possibilities within the program. These success stories serve as beacons for aspiring entrepreneurs, showcasing the potential for both business success and economic contribution.
• Contributions Beyond Profitability : Beyond financial success, EB-5 entrepreneurs often contribute to social and community development initiatives, further enhancing their positive impact on society and the economy.

E. Entrepreneurial Success Stories with the EB-5 Green Card

1. Real-World Cases of Entrepreneurs Pioneering With The EB-5 Visa

• Case 1 : Innovative Tech Startup: An immigrant entrepreneur, utilized the EB-5 program to establish a cutting-edge tech startup specializing in artificial intelligence applications. By leveraging his investment, he created a team of skilled engineers and programmers, contributing to advancements in the AI industry.
• Case 2 : Hospitality Venture: An immigrant entrepreneur, invested in a boutique hotel in a burgeoning tourist destination. Her EB-5 investment not only revitalized the local hospitality sector but also provided employment opportunities for the community, boosting tourism and supporting ancillary businesses.
• Case 3 : Manufacturing Excellence: An immigrant entrepreneur with a background in engineering, used the EB-5 program to fund a state-of-the-art manufacturing facility. His venture not only streamlined production processes but also fostered partnerships with local suppliers, stimulating economic growth in the region.

2. Demonstrating Job Creation And Economic Impact

• Job Creation Numbers : These success stories aren’t just anecdotes; they represent tangible results. Collectively, these ventures have generated hundreds of jobs, directly and indirectly. This showcases how EB-5 entrepreneurs are instrumental in addressing unemployment challenges and driving economic prosperity.
• Supply Chain Integration : Through their ventures, these entrepreneurs have integrated with local and national supply chains, demonstrating their pivotal role in creating a web of economic interdependence. This integration has stimulated growth in various sectors, from manufacturing to services.
• Economic Multiplier Effect : The economic benefits generated by these ventures have far-reaching effects. For every job created, there’s a multiplier effect as those employees contribute to the local economy through spending, taxation, and further investment.

3. Inspiration For Aspiring Entrepreneur-Immigrants

• Showcasing Diversity of Ventures: These success stories exemplify the diversity of entrepreneurial ventures that can be pursued through the EB-5 program. From tech startups to hospitality ventures and manufacturing endeavors, they highlight the range of possibilities available to immigrant entrepreneurs.
• Overcoming Challenges: Each of these entrepreneurs faced unique challenges, from market competition to regulatory hurdles. Their stories inspire aspiring immigrant entrepreneurs by demonstrating that with determination, strategic planning, and the right support, success is attainable.
• Impact Beyond Profitability: These entrepreneurs aren’t just creating businesses; they’re making a lasting impact on their communities and industries. They’re contributing to innovation, economic development, and job creation, leaving a legacy that extends far beyond their own financial success.

G. Challenges and Considerations in EB-5 Application for Entrepreneurs

1. Adhering To Rigorous Application Standards For Entrepreneurial Excellence

• Investment Amount And Type : One of the primary challenges is ensuring that the investment meets the minimum requirement. This includes understanding the acceptable forms of investment, which may range from establishing a new commercial enterprise to revitalizing a troubled business.
• Targeted Employment Area (TEA) Designation : Identifying and substantiating a TEA is crucial, as it allows for a reduced investment amount. However, entrepreneurs must navigate the regulatory criteria to qualify their chosen location.
• Business Plan Development : Crafting a comprehensive and credible business plan is essential. It should outline the business’s objectives, job creation projections, and financial forecasts.

2. Meeting USCIS Criteria For Job Creation And Investment

• Job Creation Validation : Entrepreneurs must not only create the required number of jobs but also document and prove their existence. This involves maintaining detailed records and demonstrating compliance with USCIS guidelines.
• Capital At Risk : Understanding that the invested capital must be at risk is vital. Entrepreneurs must be prepared for the possibility of business failure and potential loss of investment, even though they aim for success.
• Maintaining Investment Throughout Conditional Residency : Entrepreneurs need to ensure that the capital remains invested and at-risk throughout the conditional residency period. This can be challenging, particularly in industries with significant market fluctuations.

3. Leveraging Legal Expertise For A Seamless EB-5 Application

• Navigating Complex Regulations : The EB-5 application process involves intricate legal procedures. Engaging experienced immigration attorneys helps entrepreneurs understand and comply with the regulatory requirements.
• Mitigating Potential Issues : Attorneys with expertise in EB-5 applications can proactively address potential issues, such as source of funds, business plan viability, and compliance with USCIS criteria. This proactive approach enhances the chances of a successful petition.
• Ensuring Timely Submission : Meeting deadlines is crucial in the EB-5 application process. Experienced legal counsel can help entrepreneurs stay organized and ensure all necessary documentation is submitted within stipulated timeframes.

G. Conclusion & Next Steps For Success With EB-5 Green Card

1. Assessing Entrepreneurial Eligibility And Investment Readiness

• Self-Evaluation For Eligibility : Entrepreneurs should conduct a comprehensive self-assessment to determine if they meet the eligibility criteria for the EB-5 program. This includes evaluating their financial capacity, business acumen, and willingness to take the associated risks.
• Investment Readiness : Before embarking on the EB-5 journey, entrepreneurs must ensure that they have the financial resources available for investment. This may involve liquidating assets, securing loans, or obtaining funds from legitimate sources.
• Understanding TEAs : If entrepreneurs aim to invest in a Targeted Employment Area (TEA), they must thoroughly research and validate the TEA designation to ensure it aligns with USCIS requirements.

2. Formulating A Tailored Strategy For A Successful EB-5 Entrepreneurial Petition

• Business Plan Development : Crafting a robust business plan is pivotal. It should outline the proposed venture, including its objectives, job creation projections, and financial forecasts. Engaging professionals with experience in EB-5 business plan development is highly advisable.
• Selecting the Right Project : Entrepreneurs must carefully select an investment project that aligns with their business goals, risk tolerance, and expertise. This entails conducting due diligence on potential projects and assessing their viability.
• Navigating Direct vs. Regional Center Investments : Entrepreneurs need to make an informed decision between a direct investment or utilizing a USCIS-designated Regional Center. Each option has distinct advantages and considerations, which should be evaluated in light of the entrepreneur’s specific circumstances.

3. Seeking Expert Guidance In Navigating The EB-5 Application Process

• Engaging Immigration Attorneys : Partnering with experienced immigration attorneys who specialize in EB-5 is crucial. They can provide tailored advice, ensure compliance with USCIS regulations, and help entrepreneurs navigate potential complexities.
• Consulting Financial Advisors : Engaging financial advisors who are well-versed in EB-5 investments can be invaluable. They can assist in structuring the investment, ensuring compliance with financial requirements, and optimizing the overall financial strategy.
• Utilizing Due Diligence Firms : Entrepreneurs may benefit from employing due diligence firms to conduct thorough assessments of potential investment projects. These firms can help verify the legitimacy and viability of the chosen venture.

Empowering entrepreneurial dreams with the EB-5 Green Card involves a strategic and well-informed approach. Entrepreneurs must meticulously assess their eligibility, formulate a tailored investment strategy, and seek expert guidance from immigration attorneys, financial advisors, and due diligence firms. This comprehensive approach enhances the likelihood of a successful EB-5 entrepreneurial petition.

Embarking on the U.S. entrepreneurial journey through the EB-5 Green Card is an exciting opportunity filled with promise and potential. Whether you are planning to invest in a direct business venture or through a regional center, navigating the complexities of the EB-5 process can be challenging, but you don’t have to do it alone.

We are here to empower your dreams by guiding you through every step—from understanding the investment requirements and job creation criteria to choosing the right path that aligns with your business goals. Our dedicated team of immigration attorneys specializes in EB-5 applications, ensuring that your journey is smooth and successful.

The success stories of EB-5 entrepreneurs who have made significant economic impacts and achieved their American dream inspire us daily. Let’s turn your vision into reality. Take the first step. Schedule A FREE Assessment with our seasoned Immigration Attorneys today, and let’s build something extraordinary!

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Related Fundamentals

Uscis: the agency, eb-5 filing process, u.s. immigration-by-investment program, concurrent filing, form i-526e & i-526, eb-5 compliant business plan.

A complaint business plan is key element used in an investor’s I-526 or I-526E petition. USCIS will review the investment project business plan to determine whether the investor is likely to meet EB-5 eligibility requirements. 

A business plan is critical to Offering Documents

While USCIS will simply review an EB-5 business plan from an immigration compliance perspective, investors should review the business plan with regard to the likelihood of immigration success and financial success.

The business plan can help in this regard by detailing the business concept and management group, revising the current market, and by offering projections for development and operations and financial potential.

The business plan will predict that a specific amount of EB-5 investment will be used at specified time for a specified purpose, and create a specific number of jobs by a certain time. The business plan predictions must be supported by industry standard metrics and market research. 

Matter of Ho

A business plan must also meet the standard defined as “Matter of Ho compliant.” This refers to the EB-5 precedent decision Matter of Ho, which offers the following direction:

“A comprehensive business plan as contemplated by the regulations should contain, at a minimum, a description of the business, its products and/or services, and its objectives. The plan should contain a market analysis, including the names of competing businesses and their relative strengths and weaknesses, a comparison of the competition’s products and pricing structures, and a description of the target market/prospective customers of the new commercial enterprise. The plan should list the required permits and licenses obtained. If applicable, it should describe the manufacturing or production process, the materials required, and the supply sources. The plan should detail any contracts executed for the supply of materials and/or the distribution of products. It should discuss the marketing strategy of the business, including pricing, advertising, and servicing. The plan should set forth the business’s organizational structure and its personnel’s experience. It should explain the business’s staffing requirements and contain a timetable for hiring, as well as job descriptions for all positions. It should contain sales, cost, and income projections and detail the bases therefor.” 

Best Practices

Best practices also advise that a business plan should avoid excessive length, and excessive precision that precludes the flexibility to change in the future.

Objective claims in a business plan (land ownership, permits received, contracts signed, etc.)  must be verifiable with documented evidence. Projections in a business plan must also be supported by independent evidence that make those projections reasonable. 

Who creates the business plan?

The NCE will hire a consultant to create the EB-5 compliant business plan. In a direct investment, the investor generally finds a consultant and must pay for the plan. 

What Should an EB-5 Business Plan Include

The essential components of a EB-5 business plan are:

Executive Summary: This section provides an overview of the entire business plan and should include the project's primary objectives, a description of the business, and a summary of the investment opportunity.

Company Description: This section outlines the history and structure of the company, including the legal structure, ownership, and management structure.

Market Analysis: This section describes the industry and market in which the business will operate, including market size, growth trends, and target market segments.

Marketing and Sales Plan: This section outlines the marketing and sales strategy for the business, including the promotional tactics and the pricing strategy.

Financial Plan: This section provides a detailed analysis of the project's financials, including revenue projections, cost estimates, and a break-even analysis.

Organizational Plan: This section outlines the organizational structure of the business and the roles and responsibilities of the key personnel.

Risk Assessment: This section identifies and assesses potential risks to the business, including market risks, operational risks, and financial risks.

Exit Strategy: This section outlines the exit strategy for the EB-5 investors, including the proposed timeline and method of repayment.

It is recommended to seek the assistance of an experienced immigration attorney and a professional business plan writer to ensure that the business plan meets the USCIS's standards.

Matter of Ho concludes with this point

“Most importantly, the business plan must be credible.”

USCIS will judge credibility based on independent evidence. 

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EB5 Business Plan

Does an eb5 application require a business plan.

Yes. In addition to the traditional immigration forms and documents, the EB5 Direct Investment Visa requires a thorough “Matter of Ho” compliant business plan.

Why should I hire JDC Consultancy?

In 2015 and 2016, the USCIS (US Citizen and Immigration Services) issued its maximum quota of 10,000 EB5 Visas, up from just 1,360 in 2008. In the 2016 fiscal year, EB5 Visa petitions were extremely popular and USCIS received 14,147 applications. The number of applications has grown tremendously over the past 10 years, of the EB-5 applications adjudicated by USCIS 54% were approved in the 2016 fiscal year.

The EB-5 is essential to the U.S. economy and has provided over $20 billion in EB-5 investment capital since 2008. The program has become more diverse in recent years with citizens from South Korea and Brazil applying for more EB-5 visas, and other countries such as Germany , Argentina, Great Britain, Singapore, and Italy forming a higher percentage of EB-5 filed by nationals of those countries than in previous years.

Since our inception in 2006, JDC Consultancy has written numerous successful business plans specifically for those targeted toward direct-investment EB5 visa applications. Company founder and principal, Jason Coles , has more than two decades of business expertise helping others cultivate and grow their enterprises and is considered an expert in the EB5 Immigration Business Plan industry.

With a detailed and specialized business plan created by JDC Consultancy, your overall application will provide evidence that your commercial endeavor will create 10 U.S-based jobs over the next two years, preserve and maintain those jobs and provide the capital needed to stimulate the U.S. economy.

What is included in my EB5 Direct Investment Business plan?

5 Year Financial Projections (including Profit & Loss, Balance Sheet & Detailed Investment Summary)

Executive Summary

Personnel/Employee Plan (including job titles, expected salaries, detailed job descriptions, and educational requirements)

Organizational Chart (showing the relationship between positions within the company and the proposed reporting structure)

Detailed Market and Industry Analysis using information from IBISWorld

Marketing, Website & Social Media Strategy

Milestones Table

Licenses & Permits Required/Received

Competition Overview

Fully Matter of Ho compliant

35+ pages in length

Of course, the aforementioned list is only a sampling of what’s included in our EB5 Business Plans. Your plan will be fully tailored to meet not only your business’s specifications but also those required by immigration.

What is an EB5 Direct Investment Visa?

For investors seeking relocation to the United States, the EB-5 Visa is an excellent option. With the Immigration Act of 1990 came the creation of employment-based immigration, or EB5. This program is an option for individuals who have invested, or are in the process of investing; at least $1,050,000 in a new business endeavor employing at least ten full-time employees within a two-year period. It also applies to those who invest in what is known as a “TEA”, or “targeted employment area,” and are obliged to invest a minimum of $800,000 in U.S.-based geographic locations that are outside major metropolitan areas—an unquestionably more common option for EB5 investors.

These investors must show that at least 10 direct full-time jobs will be generated within two years. So, what are the benefits of the EB5 Visa? Lawful permanent U.S. residency for the principal EB-5 visa applicant, their spouse, and any dependent children under the age of 21, U.S. job growth , and economic stimulation.

What is Matter of Ho Requirements?

Four precedent decisions were issued in 1998 regarding the requirements for a comprehensive business plan, now part of the EB5 (I-526) immigrant application. To gain application approval, the investor must define the purpose of their business, how the money will be spent, and the timetable in determining the creation of the 10 full-time jobs. Contrary to normal business plans, the EB5 is unique in that it mandates business plans to include elements such as identification of the target market, market analysis (comparing and contrasting competitors’ strengths and weaknesses), the structure of the business’s current and future personnel, and the growth plans and sustainability of the business, and its ability to maintain the jobs it has created for U.S. workers.

Fortunately, the experts at JDC Consultancy understand the uneasiness immigration generates and the complexities the Matter of Ho requirements demand. Hiring JDC Consultancy to create your personalized EB5 business plan alleviates the headache writing such a plan can create.

Why is the EB5 Direct Investment so popular?

Investors are time and again selecting the EB5 direct investment option over regional centers as it ultimately allows for more direct control over their investment. This option caters to investors who are actively involved in the day-to-day operations of their enterprise as well as others who tend to be more hands-off and let a CEO and/or Operations Manager run the business for them.

For many individuals, the investment is the driving force behind their interest in coming to the U.S., which culminates in a green card and permanent residency. Further, this option also permits investors to be more “geographically mobile” while maximizing profits from his or her investment.

JDC Consultancy maintains relationships with a plethora of immigration attorneys around the United States and overseas and has written over 1,370 immigration business plans since 2006. With their opinions and expert guidance, JDC Consultancy produces EB5 Visa Business Plans that meet and exceed the standards set forth by immigration.

A Message From Jason Coles

Welcome to JDC Consultancy

People around the world dream of living in America, the land of opportunity. Parents dream of giving their children a better life here. I play an integral part in them achieving their lifelong ambitions by writing their immigration business plan.

Hello! My name is Jason Coles and I have been writing detailed, concise, and results-driven immigration business plans for over 18 years. I look forward to working with you...

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Invest in U.S. Through EB-5: Secure Your Green Card

The eb-5 immigrant investor program grants u.s. permanent residency for a minimum investment of $800,000 in teas. it requires job creation and proof of lawful funds. recent reforms raised investment thresholds and improved integrity. the program significantly benefits the u.s. economy despite long processing times and financial risks. critics debate its ethical implications..

Key Takeaways

• EB-5 requires foreign investors to create/preserve 10 full-time jobs with investments starting from $800,000 in the U.S.
• The 2022 Reform Act increased investment limits, added integrity measures, and reauthorized the Regional Center Program until 2027.
• EB-5 offers U.S. residency for investors, spouse, and children, independent of U.S. sponsors, with economic impact benefits.

The EB-5 Immigrant Investor Program presents a strategic avenue for foreign investors aiming to secure U.S. permanent residency. As we enter 2024, the program stipulates investment thresholds that include a minimum of $800,000 in targeted employment areas (TEAs) and $1,050,000 in non-TEA locations. These thresholds reflect an ambitious requirement aligned with economic stimulation objectives in the U.S.

Investment Requirements and Job Creation

To be eligible for the EB-5 visa, investors are required to make strides in existing or new commercial enterprises or assist a troubled business in retaining its workforce. The cornerstone of the program is job creation—an investor must facilitate the creation or preservation of at least 10 full-time jobs for U.S. workers within a two-year period. Additionally, those participating must verify that their investment capital is obtained through lawful means. Options exist for direct investments into qualifying businesses or through regional centers—entities sanctioned by the USCIS to sponsor and manage capital investment projects.

Recent Program Changes

The landscape of the EB-5 Program has evolved significantly with the implementation of the EB-5 Reform and Integrity Act of 2022. Primary changes include increased minimum investment amounts and added integrity measures aimed at mitigating fraud. Notably, the act introduced visa set-asides for investments specifically directed at rural zones, high unemployment areas, and infrastructure projects. A pivotal development was the reauthorization of the Regional Center Program, extended through September 30, 2027, thereby ensuring continued participation incentives and benefits for broader economic revitalization efforts.

Also of Interest:

Understanding the impact of annual visa quota on i-485 processing times and immigration delays., avoid these common errors in i-140 petitions: immigration petition mistakes to watch out for.

Benefits for Investors

One of the standout facets of the EB-5 Program is its promise of permanent residency, not just for the principal investor, but also for their spouse and unmarried children under 21. Unlike other visa types, this program operates independent of sponsorship from U.S. employers or family members. Participants enjoy the liberty to reside and work anywhere in the U.S. Moreover, access to public education at resident tuition rates and the myriad professional opportunities further bolster the program’s allure.

Economic Impact

The EB-5 Program significantly influences the U.S. economy by channeling billions in foreign direct investment, which, in turn, fosters the creation of hundreds of thousands of jobs. Importantly, this influx of investment funds has proven crucial in financing infrastructure and growth projects, specifically in underserved regions. The implications of these investments stretch beyond immediate economic gains, enhancing long-term community development prospects.

Challenges and Considerations

Prospective participants should approach the EB-5 program with an understanding of potential hurdles. Extended processing times, often exceeding 24 months, require patience and strategic timing. The inherent financial risk posed by business ventures may lead to investment loss if projects underperform. Furthermore, intricate documentation requirements demand thorough records to substantiate the source of investment funds. Anticipating potential program amendments due to political climates is essential to mitigating uncertainties.

Global Context

Globally, the EB-5 Program stands amidst competitive investment migration schemes offered by countries such as Portugal 🇵🇹, Malta 🇲🇹, and Greece 🇬🇷, each with relatively lower investment requisites through their “golden visa” initiatives. Meanwhile, programs like Canada’s 🇨🇦 Start-up Visa cater to innovative entrepreneurs, diversifying the landscape of residency opportunities for affluent individuals.

Ethical Considerations

Discussions surrounding the ethical dimensions of the EB-5 Program raise concerns over its implications—some view it as a pathway for affluent individuals to expedite U.S. citizenship, potentially eclipsing less financially empowered migrants. Supporters counter these critiques by underscoring the tangible economic benefits derived from job creation and regional development in deprived areas.

Future Outlook

The trajectory of the EB-5 Program will likely continue to be influenced by a nexus of political and economic factors. Recent reforms signal a commitment to uphold the program’s integrity and steer investments toward areas requiring economic upliftment. As global mobility trends shift, ongoing assessment and modification of the program will be vital for the U.S. to retain its competitive edge in enticing foreign investment while addressing national economic objectives.

The EB-5 Program is a formidable opportunity for investors aspiring to attain a U.S. Green Card, offering extensive benefits while coupling with specific investment requirements. However, the path is fraught with challenges that warrant careful consideration of financial risk, legal intricacies, and the broader geopolitical context. It is advisable for potential applicants to seek the counsel of experienced immigration attorneys and financial experts to deftly navigate the process and optimize outcomes. For further details, the U.S. Citizenship and Immigration Services provides comprehensive guidance on the EB-5 Program here .

In-depth analysis from VisaVerge.com suggests that thorough preparation and strategic planning can significantly enhance the likelihood of a successful application, underlining the importance of informed decision-making in this complex undertaking.

Learn Today

EB-5 Immigrant Investor Program: A U.S. visa program offering permanent residency to foreign investors meeting specific investment and job creation criteria. Targeted Employment Areas (TEAs): Designated regions with high unemployment or rural status, requiring lower investment amounts for EB-5 eligibility. Regional Centers: USCIS-sanctioned entities that manage EB-5 investment projects, facilitating indirect job creation and economic growth. EB-5 Reform and Integrity Act of 2022: Legislation enhancing EB-5 Program investment requirements and integrity measures to prevent fraud. Visa Set-Asides: Reserved visas in the EB-5 Program for investments in rural areas, high unemployment zones, and infrastructure projects.

This Article in a Nutshell

The EB-5 Immigrant Investor Program is a gateway for foreign investors to gain U.S. permanent residency by investing at least $800,000 in targeted areas, or $1,050,000 elsewhere. By creating 10 full-time U.S. jobs within two years, investors and their families can enjoy residency benefits and economic engagement. — By VisaVerge.com

Read more: • EB-5 Visa 2024 Availability Ends: Key Details • Indians Opt for EB-5 Amid H1B Visa Delays • EB-5 Visa: U.S. Citizenship Pathway for Indian Nationals • EB-5 Visa: U.S. Citizenship Pathway for Students & Families • EB-5 Visa Issuance Statistics: Over 5,000 Granted in First Half of FY2024

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Update on EB-5 Visas for FY 2024: All Unreserved Visas Issued

The EB-5 program, officially known as the Employment-Based Fifth Preference Immigrant Investor Program, offers a compelling pathway for foreign investors to gain lawful permanent residency in the United States by investing in the U.S. economy. The EB-5 program is particularly attractive to individuals looking to immigrate to the U.S. and willing to make a substantial financial investment that benefits the U.S. economy by creating jobs.

In a recent announcement, the U.S. Department of State (DOS) confirmed that all legally available visas in the unreserved Employment-Based Fifth Preference (EB-5) categories for the fiscal year 2024 have been issued. The Immigration and Nationality Act (INA) sets the annual limit for employment-based immigrant visas, with 7.1 percent of the worldwide employment limit allocated to EB-5 visas. This development marks a significant milestone as DOS, in collaboration with U.S. Citizenship and Immigration Services (USCIS), continues its efforts to address the EB-5 backlog and enhance processing times.

What This Means for EB-5 Applicants

Despite the issuance of all available visas, DOS will continue to schedule interview appointments for EB-5 applicants throughout August and September. However, it's important to note that no new visa numbers will be available for issuance in these unreserved categories until the new fiscal year begins on October 1, 2024 and there is a possibility that these interviews may be subject to cancelations. This also means that if you have filed for adjustment of status (AOS) based on an EB-5 petition, no green cards will be issued until visa numbers become available in the new fiscal year.

This announcement underscores the importance of the EB-5 program in facilitating investment-driven immigration that fosters job creation across the United States. The swift allocation of these visas reflects the high demand and the government's commitment to processing applications efficiently.

Next Steps for EB-5 Stakeholders

EB-5 investors and stakeholders should be mindful of the current situation and use this time to strategically plan their next steps. With the issuance of all unreserved EB-5 visas for FY 2024, it's crucial to prepare for the upcoming fiscal year when visa issuance will resume.

During this period, investors are encouraged to consult with experienced immigration attorneys to discuss the best course of action for their specific circumstances. These consultations can provide valuable guidance on navigating the next steps in the EB-5 process, ensuring that all necessary documentation and filings are in order for the new fiscal year.

Additionally, this is an ideal time to engage in pre-immigration tax planning. By consulting with tax professionals, investors can optimize their financial situation and minimize tax liabilities before making a move to the United States. Proper tax planning can help investors understand the implications of their investments, structure their finances in a tax-efficient manner, and comply with U.S. tax laws.

Overall, this preparatory phase offers a valuable opportunity for EB-5 stakeholders to position themselves advantageously for the new fiscal year, ensuring a smoother transition and increasing the likelihood of success in their immigration journey.

Stay informed and plan your EB-5 journey with these developments in mind as we move towards the start of FY 2025.

EB-5 Visa Cost and Fee Structure

The EB-5 Program is a U.S. immigration initiative that allows foreign investors to obtain a visa by making a qualifying investment in a U.S. business. This investment must meet specified capital requirements and generate a minimum of 10 jobs per investor.

The qualifying amount for an EB-5 investment depends on the project location. If an EB-5 Project is located in a Targeted Employment Area (TEA), the required investment amount is $800,000. Outside of a TEA, investors must contribute $1,050,000 to secure a Green Card.

Additionally, investors are obliged to cover fees associated with Regional Center assistance, immigration attorney services*, and the overall processing of their application by USCIS.

Table of Contents

Minimum EB-5 Visa Investment Cost Requirement for 2024

The minimum qualifying amount for an EB-5 investment is contingent upon the project location. In cases where the EB-5 project is situated within a Targeted Employment Area (TEA), the requisite investment amount is $800,000. Conversely, for projects outside of a TEA, investors are obligated to contribute $1,050,000 to secure a Green Card.

Project Investment

(As of May 2024)

Additionally, here are six key aspects that every investor must know about their investment:

• Every investment is required to be an ‘At-Risk’ investment in a U.S. commercial enterprise.

What this means:

There can be no guarantee on the return of capital invested as it would disqualify the investor from obtaining a permanent Green Card.

What this does not mean :

This does not imply that the EB-5 investment must be unnecessarily risky. At EB5 United, our philosophy revolves around being a Fiduciary for our investors. We prefer using a first position loan structure along with high-equity from well-capitalized developers that is subordinate to the EB-5 Loan to ensure security for our investors.For more information about our deal structuring, please feel free to contact us .

• One EB-5 investment allows the main applicant, their spouse, and any unmarried children under age 21 to obtain permanent Green Cards.
• Applying for an EB-5 Visa does not affect other ongoing forms of U.S. legal status (e.g., H1-B, F-1, B-1, etc.).
• The investor does not receive any immediate immigration benefits after filing their I-526E Application. They are allowed to immigrate to the U.S only after receiving the approval of their I-526E Petition.

With EB5 United, you can benefit from faster processing depending on which EB5 United Project you invest in. We’ve received 100+ Approvals as of April 2024, averaging less than 6 months per approval. One of our recently closed Rural Projects (One&Only) secured I-526E Approvals in a record-breaking 30 days. Please feel free to reach out to us to know more about our Rural Projects.

• The first EB-5 immigration benefit may come in the form of:
• If the investor is outside of the US when investing, a Conditional Green Card received approximately one to three years from the moment of application (application means filing an I-526E petition), OR
• An Employment Authorization Document (EAD) and Advanced Parole (AP) Travel Permit that can be obtained within months of application if the investor is in the US when applying, has a valid U.S. visa, and concurrently files an I-485 change of status along with their I-526E petition.
• The timelines for obtaining a Conditional Green Card, EAD, and AP tend to vary and depend on two essential factors:
• Investor’s country of birth
• Investor’s current visa status in the U.S.

Details of EB-5 Visa Cost + Additional costs

Here’s a Breakdown of the USCIS fees and additional costs for your reference. The fees and costs are explained in more detail below.

EB-5 Fee Charged by USCIS

Additional EB-5 Costs #

• Fee for filing Form I-526E | Immigrant Petition One-time fee for filing Form I-526E is $11,160 plus an additional $1,000 RIA fee for investors that file after October 1, 2022. This fee is only required to be paid for the Primary Applicant.
• Fee for filing Form I-485 | Adjustment of Status EB-5 Green Card processing fee for filing Form I-485, which is the application to Register Permanent Residence or to Adjust Status, is $1,140.
• Fee for filing Form I-829 | Removal of Conditions on Status The fee for filing Form I-829, a Petition filed by the Investor to Remove Conditions on Permanent Resident Status for the primary applicant is $9,525.
• Fee for filing Form DS-260 | For investors outside U.S. Individuals outside of the U.S. must pay a per-person fee of $325 for filing Form DS-260, the electronic application for an Immigrant Visa. This excludes medical examination costs.
• Individual Biometrics fee Individual Biometrics fee for Regional Center investors is $85.
• Regional Center Admin fee The administrative fee charged by Regional Centers is $80,000. The cost may vary depending on the Project.
• EB-5 Visa Immigration Attorney’s fee * An EB-5 Visa Immigration Attorney can charge $25,000 to $35,000 for helping investors:
• File the Immigrant Petition
• File the Green Card Application
• Organize the Source of Funds Report (essential for I-526/I-526E Approvals)

Reduced Investment in Rural Targeted Employment Areas (TEAs)

What are the benefits of investing in a rural tea.

Investing in a Rural TEA provides the following benefits to EB-5 investors:

• Z Reduced Investment Amount: Investors become eligible for a lower investment threshold of $800,000, compared to $1,050,000 which is required for non-TEA projects.
• Z Set-Aside Visa Qualification: Investors also become eligible for obtaining Set-Aside Visas, that are specifically reserved or set aside for investors in TEA designated Projects. Set-Aside Visas allow Chinese, Indian, and Vietnamese investors to bypass the backlog and reduce the time it takes to obtain Conditional Permanent Residency.
• Z Rural Project Visa Allocation: For the 2024 fiscal year a total of 5,085 Set-Aside Visas have been earmarked for investors in Rural EB-5 Projects. Half of that number, or 2,543 Set-Aside Visas, have been earmarked for Urban High Unemployment EB-5 Projects.
• Z Expedited Processing: Expedited Processing is only available in Rural EB-5 Projects and speeds up the processing of investor I-526E Petitions. Rural projects have been averaging less than 6-month I-526E Processing once the project’s I-956F has been approved.

EB-5 Cost FAQs

Can eb-5 investors receive their capital back.

• Reduce investment risk as much as possible.
• Create well over 10 jobs per investor to ensure each investor obtains a Green Card.

What are the Capital Requirements for an EB-5 Investment?

• $800,000 principal investment ($1,050,000 in a Non-TEA Project)
• Administrative Fee (Typically 10% or $80,000)
• Attorney Fees (Typically $25,000-35,000 for the entire process)
• USCIS Fees ($12,160 for initial I-526E Petition, $9,525 for the I-829 Petition)

What sources of funds can be used to make the EB-5 Investment?

• Inheritance
• Property sale
• Loan against property
• Unsecured loans
• Accumulation of salary
• Earnings from business ownership
• Proceeds from sale/mortgage of real estate property

When will I get my EB-5 Investment money back?

The timing for the return of your EB-5 investment money depends on the specifics of the project and its success. Typically, in projects facilitated through regional centers, business plans outline an exit strategy, allowing investors to potentially receive their principal investment back with interest. However, repayment is subject to the success of the project, economic conditions, and the terms of the investment. While loan terms can vary, EB-5 investors generally anticipate repayment within a three-to-seven-year period. It’s crucial to note that the investment must be “at risk” in the project per the program rules, and there cannot be a guarantee of repayment. For more accurate and up-to-date information, consulting with the regional center or project manager overseeing your investment is advisable.

How does the EB-5 Repayment Process work?

When investing in an EB-5 Project, the method of repayment depends on the agreement between the Project Developer and the NCE (New Commercial Enterprise or “EB-5 Fund”). When it comes to repayment, the Developer will typically use cash profits, unit sales, a sale of a portion or all of the Project, or a refinance of a portion or all of the Project. Often times the Developer has the flexibility of using multiple of these options or a combination of them to repay the EB-5 Investors. The repayment is paid to the NCE and then distributed back to the EB-5 Investors.

Choosing an NCE Manager that is separate from the Developer is a crucial step to avoid conflicts of interest. In situations where the Developer defaults on the loan, having an independent NCE Manager becomes particularly valuable. In such cases, the NCE Manager can intervene and take control of the Project, ensuring the protection of EB-5 Investors whose financial interests align with theirs.

When investing with a company like EB5 United, rest assured that we are committed to acting as your Fiduciary. This means our interests are aligned with yours, and our primary goal is to safeguard and protect your investment throughout the Immigration Process.

Is it necessary to hire an EB-5 immigration attorney to make my EB-5 investment?

It is necessary to hire a US EB-5 Immigration Attorney for your EB-5 investment due to the complexity of the process. Experienced attorneys provide crucial guidance, ensuring compliance with legal requirements and addressing potential challenges. They complete the Source of Funds (SOF) Documentation, review project documents from an immigration standpoint, and prepare United States Citizenship and Immigration Services (USCIS), immigration petitions for investors throughout the EB-5 process. Given the complexity of EB-5 law and the importance of supporting documents, engaging an experienced attorney is necessary for any investor in an EB5 United Project.

What’s the process of making an EB-5 Investment?

When making an investment into an EB-5 Project the first thing you must do before you can make that investment is hire a U.S. immigration attorney. He/she will source of all of your funds for your investment to make sure they were lawfully obtained. Once you’ve put together your source of funds, you’ll make the investment into the Project of your choice and your attorney will file what is called an I-526E Petition. If you’re in U.S. already with a valid Visa when you file your I-526E Petition, you can utilize what is called Concurrent Filing, which will allow you to obtain a work authorization and travel permit within a few months after you file your petition.

What is the total EB-5 Visa Investment & Cost in Indian Rupees (INR)?

Fee Charged by USCIS*

*Fees and costs are subject to change *Attorney’s fees are typically paid in stages and are negotiated directly with the attorney

What are the risks involved in an EB-5 investment?

EB-5 investments, while offering a pathway to a U.S. Green Card, come with inherent risks including potential capital loss due to project challenges and immigration risks tied to program criteria. Success relies on factors beyond an investor’s control, emphasizing the need for thorough research and understanding investment terms. Financial risk is notable as invested capital must stay “at risk” without guaranteed returns. Immigration success depends on Form I-526E Approval and detailed proof of job creation in Form I-829. Careful research and professional guidance are crucial for navigating these multifaceted risks in EB-5 investments.

EB-5 UPDATES 

Thank you, EB5 United, for making my dream come true. ~ Steve, EB-5 Investor

by EB5 United | Jul 2, 2024

We thank Steve and his family for placing their trust in our EB-5 Priority Processing Rural Project, the One&Only Hotel in Big Sky, Montana. We wish them the best as they begin to live their...

Yellowstone Club (YC) Phase II Project Receives Multiple I-526E Approvals

by EB5 United | Jun 28, 2024

We are delighted to share with EB-5 Investors worldwide that our Priority Processing Rural EB-5 Project, YC Phase II, has received Multiple I-526E Approvals.Prior to the RIA of 2022, the Approval...

EB5 United’s Lakefront Estates & Villas Project Receives Multiple I-526E Approvals

by EB5 United | Jun 8, 2024

We are delighted to share with EB-5 Investors worldwide that our Priority Processing Rural EB-5 Project, Lakefront Estates & Villas, has received Multiple I-526E Approvals. Prior to the RIA of...

Rural and Urban TEA Regional Center EB-5 Projects at $800K.

Adjust Status and Receive Work Permit (EAD) in as Fast as 60 Days and Receive Green Card Within 12 Months.

Direct Investment Becomes Central to the EB-5 Industry

Until June 2021, foreign nationals who wanted to participate in the EB-5 Immigrant Investor Program had two investment options : direct investment and investment through the regional center program. Although both investment models have their own advantages, regional center-sponsored projects were more popular mainly because they offered flexible job creation criteria.

Creating at least 10 full-time jobs is one of the essential criteria that investors need to satisfy to be eligible for an EB-5 investment visa. When a foreign national makes a direct EB-5 investment, they must ensure that these 10 jobs are created directly; at least 10 people must be employed on the EB-5 project’s payroll. However, for investments made through the regional center program, indirect and induced positions (a result of the project’s economic impact) also count. Due to this provision, regional center investors found it easier to fulfill the job creation criteria.

While the regional center program enjoyed more popularity, direct EB-5 investment also has some unique benefits. When a foreign national invests in a direct EB-5 project, they are usually involved in managing the organization’s daily operations. Thus, they receive more control over how the funds are used. Direct EB-5 projects are usually smaller and have fewer investors. This means that direct investors often earn more significant returns than their regional center counterparts.

In 2021, three major developments have changed the way foreign nationals can participate in the EB-5 industry, making direct investment projects more popular than ever.

The Suspension of Regional Center Investment

Direct investment is an integral part of the EB-5 program, meaning that it does not require reauthorization by the government. The regional center program, on the other hand, needs to be reauthorized by Congress periodically.

In 2021, Congress did not reauthorize the regional center program before its expiration on June 30, leaving direct EB-5 investment as the only route to an EB-5 visa. As of December 2021, the program has not yet been reauthorized.

The Invalidation of the EB-5 Modernization Rule

On June 22, 2021, a court order invalidated the EB-5 Modernization Rule, reducing the minimum EB-5 investment requirement to only $500,000 for projects located in targeted employment areas (TEAs). As the regional center program has not been in effect since June 2021, only direct investors can take advantage of this reduced minimum investment threshold.

Many experts believe that the minimum amount will be raised once again. United States Citizenship and Immigration Services (USCIS) has already filed an appeal to this effect. It is recommended that investors should start the process as soon as possible to take advantage of the lowered minimum threshold of $500,000.

“Current” Status for all Direct Investors

Due to the popularity of the EB5 investment program amongst investors from certain nationalities, including Vietnam, India, and China, USCIS has set cutoff dates for applicants from oversubscribed countries. Thus, investors from certain countries can only apply for and receive their visas within the specified cutoff dates. Investors from China, for example, have been facing restrictions since 2015 due to the high volume of EB-5 visa petitions from that country.

However, as of December 2021, anyone investing in a direct EB-5 project enjoys “Current” status , irrespective of their nationality. This means that all direct investors can apply for and receive their visas once their I-526 petitions have been approved by USCIS. Investors must remember that if the regional center program gets reauthorization from Congress, cutoff dates will again be applicable for regional center investors.

Investing in Direct EB-5 Projects

Due to these recent changes, the current situation is highly favorable for foreign nationals investing in direct EB-5 projects. Prospective EB-5 investors interested in taking advantage of the current situation should consult an immigration attorney and start the process before any further changes take place.

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Our offerings under Rule 506(c) of Regulation D are for only accredited investors who meet the definition of an accredited investor as described by SEC guidelines. The information on this website is solely educational and is not an offer for the sale of securities. Only a formal, privately distributed offering memorandum and appropriate securities documents (that contain important information about investment objectives, risks, fees, and expenses), fully executed by an accredited investor, will represent any offer or subsequent sale of investment. A person's indication of interest involves no obligation or commitment of any kind. Any offer may be withdrawn or revoked, without obligation or commitment of any kind, at any time before notice of its acceptance is given after the qualification date. Past performance does not guarantee or indicate future results. Any historical returns, expected returns, or probability projections may not reflect actual future performance. Investing involves risk, including loss of principal, and no assurance or representation is made by any person that any forecast or projection will be achieved. Therefore, nothing contained on this website should be relied upon as a promise, forecast, guarantee, or representation regarding the future. While the data we use from third parties is believed to be reliable, we cannot ensure the accuracy or completeness of data provided by investors or other third parties. Neither EB5AN, LLC, nor any of its affiliates provide tax advice and do not represent in any manner that the outcomes described herein will result in any specific tax consequence. Prospective investors should consult with their own legal and financial advisors before making any investment decisions.

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Who writes the business plan for an EB-5 direct investment?

What type of professional writes the business plan for EB-5 investments? What are the key items to include in a direct EB-5 business plan?

Charles Foster

There is a whole industry of business plan writers for EB-5 investments. Through Google or a recommendation, you need to find an experienced EB-5 business plan writer so that your EB-5 direct investment petition or petitions have a better chance of approval. The EB-5 business plan will describe all the facts that meet the requirements set forth in the pertinent statutory and regulatory provisions to show that the business plan complies with same.

The EB-5 program is a US Immigration category with immigration laws, regulations, and USCIS policies. The EB-5 Immigration attorney will take the lead and coordinate the team of professionals to prepare the required EB-5 documentation to be filed with the Investors I-526 petition. One of the legal requirements is that a Matter of Ho business plan is prepared and filed as part of the EB-5 documentation. The business plan writer should be experienced with the EB-5 legal requirements and clearly show how the personal investment funds will be used in the project and show through verifiable detail how the personal investment will lead to the hiring of ten full-time jobs.

Fredrick W Voigtmann

Most experienced EB-5 business plan writers can write business plans for either regional center projects or direct projects. The USCIS requirements for EB-5 business plans are the same; whether for regional center or direct investments, the plan must be compliant with the Administrative Appeals Office (AAO) precedent decision in Matter of Ho, which specifically lists the requirements for a business plan. A direct EB-5 business plan will project direct job creation, while a regional center business plan will focus on indirect job creation, along with an econometric analysis report.

Usually, it will be a third-party company that specializes in drafting EB-5 compliant business plans. These are more detailed than your normal business plan and typically includes all the Matter-of-Ho projections.

Barbara Suri

There are several individuals and agencies who write business plans for various businesses. Some of these are found in EB5 Investors Magazine issues, on LinkedIn, on the internet, etc.

Yazen Abdin

As part of an EB-5 team, there is usually a business plan writer.

Dale Schwartz

Most of the time, business plans are done by accountants. But there are some excellent business plan writing professionals you can hire.

Jinhee Wilde

There are several top EB-5 plan writers listed on this website. The plan should be comprehensive in what kind of business it is; how it is funded and when; how the funds will be utilized to create jobs; details of the jobs that will be created; and perhaps the timeframe of when they are expected to be created. The plan should also include a market analysis or study of why the market needs such business and how the business is expected to be successful enough to be maintained to create and sustain the requisite number of 10 direct jobs for the entire 2-year, conditional residency period.

Bernard P Wolfsdorf

The leading case is Matter of Ho that lays out the requirements for the business plan in detail. That being said, it is advisable to use an experienced business plan writer and there are several that have acquired considerable expertise in this arena.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.

EB-5 Business Plan Sample – Why Visa Success Depends On Demonstrating Your Intent

EB-5 business plan sample is something that a lot of people are looking for when it comes to applying for business immigration.  More important than obtaining a sample though is the ability to get your plan right. In order to ensure success, your business plan is crucial.

There are a number of important areas that you have to consider deeply and explain fully when it comes to applying for an EB5. Firstly, there are monetary requirements – you have to invest either $1m in a new commercial enterprise or $500,000 in a targeted employment area. Secondly, there are the job requirements: your commercial enterprise must create at least 10 full-time jobs, usually within two years. And thirdly, you have to prove the legality of your funds with the proper documentation. In all of these processes, there is no doubt that you will take your time in advance to ensure that the money is accounted for, the job roles are well-defined and that you have the proper documentation to support all this. But how do you demonstrate all of this? You do it via an  EB5 business plan . While your ideas may seem great on paper, it’s all about how you present them on paper. An  immigration business plan  requires a particular structure. Being fluent in the English language isn’t enough; you need to have the right business lingo too. The temptation to cut corners when it comes to writing a business plan can lead your plans for your business to falter at the last hurdle.

That’s why you need EB-5 business plan sample writers who have experience helping to get hundreds of  businesses , from various industries, a successful application. At Immigration Business Plan, we have this experience. To find out more about how we can help, simply head to our website,  https://www.immigrationbusinessplan.com/ .  

Nationwide:  +1 (888) 278 7775 International:  +1 (646) 612 7572 UK: +44 203 826 8445 [email protected]  

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I NEED HELP TO PREPARE MY VISA APPLICATION

Rural and Urban TEA Regional Center EB-5 Projects at $800K.

Adjust Status and Receive Work Permit (EAD) in as Fast as 60 Days and Receive Green Card Within 12 Months.

What kind of business is eligible for EB-5 investment?

Any for-profit enterprise engaged in lawful business activities can qualify for an EB-5 investment . The business must be able to create or, in the case of troubled businesses, save at least 10 full-time jobs for qualified U.S. workers. Additionally, the business must be classified as a new commercial enterprise (NCE), which typically means that it was created or restructured after November 29, 1990.

Even though many legitimate businesses from various industries could fulfill these basic criteria, projects that can easily create or save the required number of jobs are best suited for the EB-5 program. Generally, the ideal businesses for EB-5 investments are new construction projects that produce ongoing operations jobs and result in a net increase in local employment.

Why are such construction projects ideal for the EB-5 program ?

• Investing in a troubled business with the objective of saving at least 10 jobs can be impractical; it is usually difficult to show U.S. Citizenship and Immigration Services (USCIS) that the enterprise is genuinely distressed. Proving that the required number of jobs were saved can also be challenging. In contrast, creating jobs through new construction projects is more straightforward.
• Construction projects that produce operation jobs as well as construction jobs through business revenue can reach the employment creation requirements more easily.
• The primary requirement of the EB-5 program is employment creation , so the eligible projects must result in a net job increase for their areas. USCIS asks for an economic report proving that the EB-5 project will not cause other jobs in the area to be lost. For instance, a new shopping center built near an older mall could drive the stores at the mall out of business, causing workers to lose their jobs. Even though the shopping center created new jobs, the net increase in jobs could still be much lower than the requirement.

• EB-5 Investor Resource Center
• Rural and Urban EB-5 Projects by EB5AN

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