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Which option gives me a better chance of earning an EB-5 visa?

What option gives me the best chance of earning an EB-5 visa: investing in a regional center or creating my own business? Why?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It depends on your timelines, how active you wish to be in the business, how much you are willing to spend in professional fees, and many more options. A detailed consultation with an EB-5 immigration lawyer should help you reach a decision.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Either of the options is appropriate and EB-5 visas are regularly granted under both options.The issue that you may need to address is whether you want to manage your own business or not. Assuming you can and do want to manage your own business, you should go through direct investment, which allows you to set up your own business and manage it. Be on notice that direct investment means you have to live near the business and manage every day-to-day activity of the business. However, if you want to live anywhere you want in the United States without getting involved in the day-to-day management of the business, then by all means investment through the regional exchange is the only option that gives all investors such freedom.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    This simply depends on the circumstances of the investor. Investment is only part of the process. A major hurdle is creating and maintaining 10 new American jobs. If you can start a business that will create 10 jobs per EB-5 investor, then direct will work. However, commercial success may not lead to immigration success. If you do not think you can create and maintain 10 new jobs in your business, then investing in a regional center makes more sense.

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    Charles Foster

    Immigration Attorney
    Answered on

    In terms of which is the best option - either investing in an existing project through an existing EB-5 regional center or setting up a new regional center business - statistically speaking your best chance would be to invest through a good existing EB-5 project. The reason is quite simple. These projects have already been structured to meet all the legal EB-5 requirements. Secondly, you have the option of choosing among many EB-5 regional center projects and with good counsel you can pick a very reputable one that gives you a higher probability of recovering your investment. You would only want to set up your own business if that is what you were going to do anyway. In that case you should take advantage of same by utilizing your existing investment to qualify through the EB-5 direct program without having to make another investment.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There are advantages and disadvantages to both options, but the chance for approval depends on the quality of the documentation you provide to support your EB-5 petition - not on whether you process through a regional center or direct investment in your own business. Typically, an EB-5 investor chooses whether to proceed with the regional center or their own business depending on what they want to invest their money in, how involved they want to be in the day-to-day operation, how much control they want to have over their investment, how many jobs can be created in the direct investment versus do they need to take advantage of the indirect job creation provision of regional center investment, etc.

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    John J Downey

    Immigration Attorney
    Answered on

    It depends on your desires. If you only wish for a green card and do not want to be involved in the running of the business, then a regional center is probably best. They will have all the paperwork that you need. You can also inquire as to their track record and speak to investors in their projects for their opinions.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Over 95 percent chose regional centers last year. However, it depends on the business or project. The failure rate for small businesses is high, so if you have experience, that would be important. Some projects are run by experienced management.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    There is not a yes or no answer to this. It depends on which regional center and how business-savvy you are, do you want to run a business, are you willing to pay the administrative fees associated with investing in a regional center, have you done your due diligence on the investment whether your own project or a regional center project, etc.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    There are many considerations - this is not a question that lends itself to a short answer as it turns on the individual and your goals. This should be part of your conversation with a qualified investment immigration attorney.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    In a direct EB-5 case (your own business), you will generally be required to directly create at least 10 full-time jobs within the conditional residence period. Full-time jobs are generally jobs of at least 35 hours a week. Additionally, unless a business is located in a rural area or Targeted Employment Area, the minimum investment is currently $1 million for which you must demonstrate a lawful source of funds. In a regional center project EB-5 case, you are entitled to the benefit of indirect and induced job creation by the regional center project and a lower investment threshold currently of $500,000 for which you must demonstrate a lawful source of funds.

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    Matthew T Galati

    Immigration Attorney
    Answered on

    This is a very difficult to answer because there are so many variables. Every investor has his or her own strengths/weaknesses and preferences. Determining what is best for you and gauging your risk tolerance will likely require consultation with an immigration attorney.

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