Ready to invest USD 800K or USD 1.05M and immigrate as an investor?

INA § 203(b)(5) establishes three cumulative requirements for the EB-5: (1) investment of capital in the minimum established amount ($1,050,000 standard or $800,000 TEA); (2) investment in a new commercial enterprise (NCE), a commercial entity established after November 29, 1990; and (3) creation of at least 10 full-time jobs for qualified U.S. workers (citizens, permanent residents, or other authorized immigrants).

“Capital” for EB-5 purposes includes: cash, equipment, inventory, tangible property, cash equivalents, and debt secured by the investor’s personal assets. The capital must be “at risk,” subject to partial or total loss. Guaranteed investments (with return of capital assured regardless of the project’s success) do not qualify. USCIS carefully examines the investment structure to verify that the risk is genuine.

The 10 jobs must be full-time (minimum 35 hours/week) and for qualified workers (not the investor, their spouse, or children). For direct investment, jobs must be direct (W-2). For Regional Center, they can be direct, indirect (created in supplier companies for the project), or induced (resulting from the spending of salaries of direct and indirect employees), calculated by economic models accepted by USCIS.

The concept of “new commercial enterprise” is broad: it includes LLCs, corporations, partnerships, joint ventures, sole proprietorships, holding companies, and business trusts. It also includes the restructuring or expansion of an existing business, provided it results in at least a 40% increase in net worth or number of employees. The enterprise must be “for-profit,” as nonprofit organizations do not qualify for the EB-5.

Form I-526E (Immigrant Petition by Regional Center Investors) was created by the RIA of 2022 to replace the former I-526 in Regional Center cases. For direct EB-5, the original Form I-526 remains in use. The I-526E filing fee is $3,675 (2025). The form is submitted to USCIS with all supporting documentation, and there is no interview at this stage.

The I-526E documentation includes: (1) evidence that the investment is in a new commercial enterprise; (2) evidence that the minimum capital was invested or is in the process of being invested; (3) complete source of funds documentation; (4) a business plan or economic impact study demonstrating creation of 10 jobs; (5) the NCE operating agreement and subscription agreement; and (6) personal documentation for the investor and dependents.

I-526E processing takes 24-48 months in regular mode (2025). Premium processing is not available for the I-526E. USCIS may issue an RFE (Request for Evidence) if the documentation is insufficient, typically regarding source of funds, investment structure, or job projections. The RFE response must be submitted within 84 days with complete documentation.

An innovation of the RIA: USCIS can approve the “exemplar” or “template” of a Regional Center project (project approval), which simplifies the individual I-526E analysis for each investor in that project. If the project already has an approved exemplar, the investor’s I-526E focuses only on source of funds and personal admissibility, significantly reducing the scope of analysis and processing time.

The most serious EB-5 risk is loss of the investment. Unlike a bank deposit or government bond, EB-5 capital is genuinely at risk, subject to partial or total loss if the project fails. Real estate projects can be delayed, exceed budget, or encounter unfavorable market conditions. The investor may not recover the invested capital.

The risk of fraud decreased after the RIA of 2022 (audits, fund administrators, criminal penalties), but it was not eliminated. Notorious cases like Jay Peak (Vermont, 2016) and Paladin Realty (2019) demonstrated that even seemingly legitimate Regional Centers could misappropriate funds. The protection is rigorous due diligence: investigate the RC’s history, review documents with an independent attorney and financial consultant, and never invest under pressure.

Immigration risks: I-526E denial (insufficient source of funds, questionable investment structure), I-829 denial (jobs not created, investment not maintained), and retrogression (the queue increasing, unlikely in the short term for many nationalities, but possible). Each risk requires specific mitigation: robust documentation for I-526E, active monitoring for I-829, and strategic timing for retrogression.

Currency risk: investors converting foreign currency to dollars face exchange rate exposure. If the local currency depreciates during the investment period (5-7 years), the return in local currency will be greater; if it appreciates, the return will be smaller. For those planning to live permanently in the U.S., currency risk is less relevant, as the dollars invested return in dollars. For those considering returning abroad, the exchange rate is a significant factor.