Immigration for investors

Regional center or direct investment

EB-5 capital can go through a regional center or directly into a business the investor helps run. The choice changes how jobs are counted, how much control the investor has and what the petition must show.

What we handle

Advice on the choice itself, then the petition that follows.

  • Project document review

    Offering documents, business plans and economic reports, read for the immigration requirements.

  • Regional center checks

    Whether the center is designated and whether the project has filed its application with USCIS.

  • Direct investment structures

    Forming or buying the business, and the investor’s management role in it.

  • Targeted employment areas

    Whether a location qualifies for the lower investment amount.

  • Set-aside categories

    Rural, high-unemployment and infrastructure projects, and what they mean for visa availability.

  • The petition

    Form I-526E or Form I-526, depending on the choice.

How we help you choose

Five questions, in this order. The answers usually make the choice clear.

  1. What role do you want?

    A direct investor takes part in managing the business. A regional center investor is usually a limited partner with a policy role.

    Who: the investor

  2. How will the jobs be counted?

    Regional center projects can count indirect and induced jobs, using an economic model. A direct investment counts only its own full-time employees.

    Who: the firm, with the project’s economist

  3. Is the location a targeted area?

    Rural areas and areas of high unemployment qualify for the lower investment amount, as do infrastructure projects.

    Who: the firm

  4. What does the project disclose?

    We read the offering documents for risk, escrow, use of funds and the plan for returning capital. We flag what an immigration petition will need.

    Who: the firm; financial review stays with your advisors

  5. Decide and invest

    Once the choice is made, we document the source of funds and file the petition.

    Who: the investor and the firm

The choice side by side

Two main structures, and one variation many investors ask about.

  • Regional center

    Pooled investment in a designated project

    Indirect jobs count, so one project can support many investors. Less control, and more reliance on the developer.

  • Direct

    A business you run

    Only direct employees count, so the business must grow to at least 10 full-time positions per investor. More control, more work.

  • Set-aside

    Rural, high-unemployment or infrastructure

    A share of EB-5 visas is reserved for these projects, which can matter for investors from countries with long waits.

Representative matters

A few recent matters, described without client names.

  • Review

    Advised an investor to decline a project whose economic report did not support jobs for all the investors offered.

  • Rural

    I-526E approval for an investor in a rural manufacturing project under the reserved visa category.

  • Direct

    I-526 approval for two investors in a restaurant group expanding to three new locations.

  • Switch

    Moved an investor’s plan from a direct investment to a regional center project when the business could not support 10 jobs.

Attorney advertising. Prior results do not guarantee a similar outcome. Every case turns on its own facts.

Weighing a project against a business of your own?

Bring the offering documents or business plan you are considering. In the first meeting we explain what each one requires of you.