How the EB-5 Process Works

The EB-5 process involves several important steps. While each investor’s circumstances are different, the process generally follows this path:

Explore an EB-5 Project

Review our current projects, investment structure, business plan, job-creation plan, and other offering materials to determine whether a project is appropriate for you.

Complete Due Diligence

Work with our immigration attorneys and financial professionals to review the project, investment documents, and the lawful source and path of your investment funds.

Make the Investment & File Your EB-5 Petition

Once the investment requirements are satisfied, our team prepares and files the appropriate EB-5 petition with USCIS.

USCIS Review

USCIS reviews the petition and supporting documentation, including the investor’s eligibility, source and path of funds, investment, and applicable job-creation requirements.

Obtain Conditional Permanent Residence

If approved and an immigrant visa is available, the investor and qualifying family members may obtain conditional permanent resident status, subject to applicable immigration procedures.

Remove Conditions

At the appropriate time, the investor files the required petition to remove the conditions on permanent residence and demonstrates that the applicable EB-5 requirements have been satisfied.

Permanent Residence

Upon approval, the conditions are removed and the investor and qualifying family members may continue as lawful permanent residents of the United States.

U.S. Citizenship

After obtaining lawful permanent residence, an EB-5 investor may generally be eligible to apply for U.S. citizenship after 5 years of permanent resident status, provided they meet all applicable naturalization requirements.
Citizenship is a separate process from EB-5 and requires the investor to satisfy USCIS requirements for naturalization.

*EB-5 requirements and processing times may vary depending on individual circumstances and applicable regulations. Our team provides professional guidance on the immigration and financial aspects of the EB-5 process, helping investors understand the requirements, evaluate investment opportunities, and navigate the process from initial investment through completion.

Why Invest Through a Regional Center?

With a Regional Center investment, EB-5 investors can focus on their investment and immigration objectives without the responsibility of running a business or living near the project.

Passive Investment — No Day-to-Day Management Required

Regional Center investors are generally passive investors. They are not required to manage the project, make day-to-day business decisions, or take on the responsibilities of company leadership.

Unlike Direct EB-5 investors, who typically have a more active role in managing their business, Regional Center investors can satisfy the EB-5 management requirement through a limited policy-making role, such as the rights provided to a limited partner or LLC member.

This allows investors to pursue their immigration goals without having to operate a business or relocate to the project location.

Live Where You Choose

Regional Center investors are not required to live near their investment project. Investors do not need to be physically present to oversee the project’s daily operations.

After obtaining permanent resident status, investors are generally free to live, work, study, and travel throughout the United States, regardless of where their EB-5 investment project is located.

Greater Flexibility in Meeting Job-Creation Requirements

One of the key features of the Regional Center model is the ability to count qualifying direct, indirect, and induced jobs toward the EB-5 job-creation requirement.

Regional Center projects are often large-scale developments that generate substantial economic activity and employment. Depending on the project and applicable EB-5 requirements, qualifying job creation may include construction employment, jobs created through project-related economic activity, and jobs resulting from increased local spending.

These jobs are calculated using accepted economic methodologies and project-specific economic analyses, rather than requiring the investor to personally create and document 10 direct employees in the underlying business.

For investors, this structure can provide greater flexibility in satisfying the EB-5 job-creation requirement while allowing them to participate in projects without managing the underlying business.