The Cost of an EB-5 Petition -

The Cost of an EB-5 Petition

Kate Kalmykov

When considering the total cost of filing an EB-5 petition there are certain facts that are more well-known than others. For example, we all know about the granddaddy of all costs—the investment. However, it would be a mistake to think that the cost of filing an EB-5 petition begins and ends here. It is important for potential EB-5 investors to know about the additional charges and fees that they will encounter throughout the process of filing an EB-5 petition.

Depending on where the regional center, new commercial enterprise, or troubled business that one is investing in is located, the amount of capital required for a qualifying EB-5 investment will vary. If it is locating in a Targeted Employment Area (defined as a rural area of an area with an unemployment rate of at least 150 percent of the national average), then one must invest a minimum of $500,000. If it is not located in a Targeted Employment Area, the qualifying investment amount is at least $1,000,000. Additionally, all EB-5 investors must hire an immigration attorney to prepare and file the I-526 and I-829 petitions with U.S. Citizenship and Immigration Services. The costs for this can vary.

EB-5 investors will also incur government fees at all three stages of the EB-5 process. The filing of the I-526 petition is coupled with a filing fee of $1,500. During consular processing (or adjustment of status if in the United States) investors are assessed an immigrant visa processing fee of $405. Finally, the filing fee for the I-829 is $3,750.

In addition to these costs, there are others that investors will encounter depending on the type of project they choose to invest in. Regional center investors are required to pay an administrative fee directly to the regional center. These fees vary, but they can be anywhere from $40,000 to $65,000. Investors that elect to invest directly in their own business will also need to pay additional costs. They will need to hire a business plan writer to prepare a detailed account of their proposal. They will also need to pay for corporate advice from economists, marketing professionals, etc. The costs for this can vary, but investors who take this route should be aware of these added costs.

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