How would a business apply for EB-5 exemplar status?

Only a regional center EB-5 project can file an application for an exemplar preapproval of the EB-5 project. The exemplar preapproval covers the approval of the EB-5 project documentation and the hypothetical I-526 petition example.

A comprehensive business plan showing realistic job creation with EB-5 investment will be required. Each investor must create at least 10 full-time jobs if it is direct investment. You file the I-526 and I-924 with USCIS, but processing times are significant these days.

Generally, regional centers file EB-5 exemplar petitions for their investors. At times the filing is project-dependent, meaning there may be projects where exemplar petitions may not be filed. As a result, you should search for a regional center that is willing and ready to file an exemplar petition for you. Consulting an EB-5 attorney may help in finding an appropriate regional center for your needs.

Applying for an exemplar status may, as indicated, help attract EB-5 investors, although the adjudication of the applications is taking a significant amount of time - thus making it less attractive. An approved exemplar would give prospective investors greater certainty that the project itself meets the basic legal requirements for an EB-5 investment. Applying for an exemplar can be a complex process involving experienced immigration counsel, corporation counsel and in some cases, economists and/or business plan writers. The best thing to do would be to hire an immigration attorney that has significant experience in establishing EB-5 regional centers and representing the job creating entities.

You would need to prepare all the documentation the same as if you were preparing to file for an actual application, e.g. business plan, job evaluation, operation agreements, subscription agreements, limited partnership agreement, etc.

You need to submit an I-924 and an I-526, and will need to have a viable project where you can show investment results in job creation.

You can apply for your own regional center designation with an exemplar project or affiliate with an existing regional center and work with them to amend their designation to include your exemplar project. You should work with a local EB-5 lawyer to prepare all of the petitions and supporting documentation you will need.