+1-800-997-1228
Questions & Answers

What is the difference between EB-5 project types?

What is a hypothetical EB-5 project? What is an actual EB-5 project? As a prospective EB-5 investor, which one is better for me?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    An EB-5 investor can only invest their personal funds into an actual EB-5 project. An application for regional center designation can be based upon a hypothetical project with data and information on a potential business activity which does not exist.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    As an EB-5 investor, you would be investing in an actual project. One cannot invest in a hypothetical project. These terms are relevant only to regional centers that are seeking their initial designation from USCIS. Documents describing a hypothetical project would be submitted to USCIS and would allow the entity to receive its regional center designation prior to identifying an actual project and seeking EB-5 investors.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    As an investor, you will only invest in actual, shovel-ready projects. Regional centers use hypothetical projects to obtain their regional center designation, but will have a real project ready to go for the investor to review and invest in. If a regional center is offering investments into a hypothetical project, you may wish to reconsider.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    For a prospective EB-5 investor, you will need to invest in an actual project in a regional center to qualify for the EB-5 visa. Other differences in projects do not matter for you as an EB-5 investor.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    As an investor, you want an actual project. A hypothetical project is used as an example for an application for a regional center. You need an actual project so as to perform due diligence on the project.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    These questions relate to obtaining a regional center approval. As an investor, you must invest in an actual project to get a green card.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    By hypothetical EB-5 project, you may be referring to an "exemplar petition." An exemplar petition is filed by the regional center (not the individual EB-5 Investor). It is sort of a "sample" petition with all the project informaiton, etc., minus the specifics of the investor. Once USCIS approves such an exemplar petition, the project is deemed "pre-approved" by USCIS or at least "vetted" by USCIS for approvability of petitions to be filed by the EB-5 investors.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    A hypothetical project means just that; a regional center application or exemplar subsequently is filed describing a hypothetical project in general where the developer has not yet pinned down all the details, but gives a broad outline of the type of project that will be covered. As you would imagine, the actual EB-5 project can be described in great detail where the developer has gone far enough in the project to be able to describe it in all of its particulars.

  • Avatar

    Peter Zhang

    Immigration Attorney
    Answered on

    This goes to the way the project documents are submitted. As an investor, you should only consider actual projects, which means it is readily available for investment. The hypothetical project is a sample and not ready for investment.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.