How can my U.S. business attract EB-5 capital to expand?

You will need to define the target demographic of EB-5 investors and assess whether your business is located in a Targeted Employment Area (TEA), either rural or high-unemployment. For instance, due to visa retrogression, investors from mainland China must invest in TEA projects, whereas investors from countries with less risk of backlog may consider non-TEA investments. It is also important to evaluate the amount of EB-5 capital required to preserve or create at least 10 full-time jobs. While the statutory minimum investment is $800,000 for TEA projects and $1,050,000 for non-TEA, direct EB-5 projects often require greater capital to satisfy job creation requirements. Depending on the investor’s role in the business, the offering may constitute a securities offering. If so, proper offering documentation must be prepared, and the fundraising process must comply with applicable securities laws (e.g., Rule 506(b) exemption).

You need to create your own or associate with a USCIS-approved Regional Center. Also, you are required to file Form I-956F, Application for Approval of an Investment in a Commercial Enterprise, with USCIS before you start accepting EB-5 investments in your project. Such application requires an EB-5-compliant business plan, confidential private placement memorandum, economic study showing that the project will create the required jobs for the EB-5 investors, and other project documents.

If a private project, then only allows one EB-5 investor. Alternatively, you can also establish your own Regional Center or affiliate with an existing Regional Center.
Many companies or projects looking for investors retain agents in foreign countries.