How much time should I budget for the entire EB-5 process?

Time forecast depends on what program you choose to pursue. Direct investment and regional center investments differ in time. The RC adjudication process can be lengthy. RC designation approvals are taking approximately 12 months. You must also take in account the necessary time to market your project, acquire investors and preparation of immigration documents.

You can set up an EB-5 regional center for this project or just do it as a direct investment. If you are so sure about the job creation, direct investment may be a good way for this project.

If you are looking to obtain a Regional Center designation this will take significant time and expense plus you will need to market your RC abroad and/or employ the services of migration agents overseas to attract prospective investors, such as in China. Direct investment route may be a better option and you do not need a Regional Center designation. If your business is in TEA, you can qualify for reduced investment $500,000 per investor; otherwise, $1M. You should consult an experienced immigration attorney.

The timing for funds being available to a project depends on a number of factors, the first one being whether this would be a direct investment project or a regional center based project. Based on the size of the raise at $2 million, it may be best suited for direct investment. With either option the other critical part impacting timing is when/how you are able to attract investors. Once investors are identified then the question becomes whether funds will be held in escrow pending approval of petitions or directly released to the projects. I would recommend spending time to discuss specifics and strategies with experienced EB-5 immigration counsel.

There are many factors to consider, first and foremost are you looking at a direct investment EB-5 or a RC- depending on which program the timeline is going to differ significantly. I would encourage you to contact a lawyer to discuss this in further depth.

It is currently taking up to two years for regional center designation approval. It takes at least another year to market your project to recruit foreign investors. The competition for investors are very fierce in the Chinese market, since Chinese investors make up the majority of all Eb-5 petitions. The I-526 petition usually takes about 8-10 months for approval. You will not get to use the funds until after I-526 petition is approved.