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Can you attract EB-5 investors outside of a Targeted Employment Area?

I have a new healthcare project opportunity in Texas that will offer investors guaranteed 10+ direct jobs creation within 6 months, good returns and a solvency guarantee of 2 1/2 yrs or enough time to let the investor get his green card. I only need $500K per each of my opportunities. However my opportunities are in a non-TEA area. Looking through 2012 USCIS data looks like the majority of the applications approved were for pilot TEA I5 visas. So, is it really feasible to expect I can get someone to invest $1M in my project when they can just invest $500K in a pilot program?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    You should contact an attorney regarding the TEA for your project as there may be ways to include the project within a wider net TEA. For further information please contact Rahbaran & Associates.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    If your project does not qualify for $500k treatment then the minimum investment must be 1 million.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should ensure your opportunity is outside TEA first. I have previously commented on how to determine if an opportunity is within TEA on this website. If the opportunity is not within TEA, the required minimum investment is $1 million. Overall, it depends on the viability of your project, rate of return, exit strategy and similar factors which may be attractive to potential EB-5 investors even if the required minimum investment is not $500,000. Some well-established regional centers have implemented projects with the minimum of $1 million in investment funds. Feel free to contact our office should you have further questions.

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    Taher Kameli

    Immigration Attorney
    Answered on

    Many of the EB5 investments are within the TEA. It is sometimes difficult to attract $1 Mil investors.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    If the project is outside of a TEA and you want to use the EB-5 program, each investor will have to invest $1 million dollars. If you have any other questions, please do not hesitate to contact me.

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    Larry J Behar, Esq

    Immigration Attorney
    Answered on

    From a market perspective, you are correct that it is unlikely that you will be able to attract one million dollar investors unless you are a brand name or are known internationally.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It will be difficult to attract investors for your project because the market (mostly in China) is geared toward $500K investments. There is no immigration law or regulation that would prevent what you suggest, but it is a function of marketing to the right potential investors.

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    Lei Jiang

    Immigration Attorney
    Answered on

    If you require 1M, then nobody will be interested in your project for immigration purpose.

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    Daniel P Hanlon

    Immigration Attorney
    Answered on

    The investment minimum is $1.0 Million US if the job opportunity lies outside of a TEA. Feasibility of securing foreign investors probably depends more on the viability of the project than the amount of the investment.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    The EB5 investors may come from any jurisdiction. They do not have to necessarily being from the Target Employment Area.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    EB-5 investment eligibility is quite clear: you must invest $ 1 million or more unless the project or business is located within the TEA. This is true also for the Regional Center Pilot program. If a project of RC is not located within a TEA, their investor also must invest $ 1 million, not $500K.

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    Anthony Korda

    Immigration Attorney
    Answered on

    There is no reason why investors cannot be attracted at the $1 million level outside a TEA. However, since most Regional Center projects are located in TEA?s it may be difficult to find investors willing to invest at that level. The success of such a project will no doubt depend on a number of factors such as the efficacy of the business plan, anticipated rate of return, exit strategy and whether this is a ?real business? or a low quality investment such as often offered under the EB-5 program. How such a project is marketed (and where) will no doubt be an important contributor to the success or failure to attract investors.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    We are doing 4 projects right now for Chinese clients that are investing $1 million each. The Chinese investment advisors that brought this investors to us seem to have a lot of clients that can invest $1 million each. Contact me directly for more info.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    It''s challenging. But, how do you know it''s not a TEA? Many times it can be a TEA.

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    Mark Urbanski

    Immigration Attorney
    Answered on

    It is certainly possible to attract investors willing to invest $1 million in non-TEA projects, but it is relatively difficult to do so since there are so many other competing TEA projects out there competing for EB-5 investors. I would focus on how to distinguish your project from the perspective of potential profit or pursue investors which have a vested interest or connection of some kind already in your type of project.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    No, it is difficult to do.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You may want to seek expert opinion as to how you may analyze and calculate the geographical area of business activity as a TEA. Definitely more difficult to find USD $1,000,000.00 than $500,000.00.

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    Steven Anapoell

    Securities Attorney
    Answered on

    Yes, if outside it''s a $1million investment. Very hard to find $1million investors.

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    Clem Turner

    Securities Attorney
    Answered on

    It is doubtful that an investor would spend $1 million for your project when there are numerous $500,000 investments available, but you never know. Since workers from TEA areas commute into non-TEA areas for work, it is possible that you might be able to make a claim that TEA census tracts that are contiguous to your Project should be included in your TEA analysis. This could raise the unemployment figures associated with your Project enough for you to qualify for a TEA. You should reach out to an EB-5 Service Provider on this list for assistance or a referral.

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    Hans Burgos

    Immigration Attorney
    Answered on

    EB-5 programs which allow for $500 thousand investments require investment be made in a commercial project located in a TEA.

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    Neville M Leslie

    Immigration Attorney
    Answered on

    It depends how and who you market to.

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    Jor Law

    RC Creator
    Answered on

    It is possible, but you have two concerns: 1) You have to convince the investor that they should invest $1M for a green card when they could get the same green card for $500k. This is difficult, but not impossible. Some investors have fallen in love with a project and don''t mind committing more to it. 2) You need to show that the investment creates the job. If only a portion of the investment creates the jobs and the rest of it does not, that might create approval issues from USCIS. Note, there *may* be ways to structure around this TEA issue.

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    Emre Ozgu

    Immigration Attorney
    Answered on

    No. Very difficult competing for investors.

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