Does the type of project matter if it meets EB-5 requirements?

Two criteria, adequate job creation and whether you will get your money back, yet this is a highly complicated analysis, and we recommend using a licensed and registered EB-5 broker dealer.

There are companies you can retain to help you analyze the financial viability of various projects. The immigration attorney can’t steer you to a particular project but can advise on statistics relating to prior immigration approvals and connect you with project directors to get information on the project. Once the project is selected, we will work with you to complete the I-526, show the lawful source of your funding into the project and make sure the project documents are viable for the filing – project plans and expected creation of ten full time new jobs from your investment,

It's a two-prong inquiry: EB-5 requirements + job creation is one aspect, and the other is feasibility and return on and of investment funds. You'll need to dig deeper to make sure you're OK with other people's direct investments (i.e. the restaurant you mention) as these projects may have fewer protections for your EB-5process. The best advice, as usual, is to retain independent EB-5 immigration counsel who can advise you in this process.

The type of project you choose is important, but what's more critical is whether the project meets EB-5 requirements for job creation, investment structure, and other USCIS regulations. Generally, the EB-5 program is flexible in terms of the types of projects you can invest in, whether it's commercial real estate, hospitality, restaurants, or any other industry, as long as the project meets the core requirements.
Here are some key factors you should consider when evaluating EB-5 projects:

1. Job Creation: Every EB-5 investment must create at least 10 full-time jobs for U.S. workers. Look closely at the project's job creation estimates—does it provide a sufficient job cushion beyond the required minimum? Some industries, such as hospitality and large-scale construction, tend to have more predictable job creation through direct, indirect, and induced employment.

2. Project Viability: While the project type (residential, hotel, restaurant, etc.) may not be as important as its financial and operational feasibility, you should still evaluate how stable and viable the project is. Projects in sectors with proven demand (e.g., housing or hospitality in popular locations) might be less risky compared to niche markets or highly speculative ventures.

3. Timing of Job Creation: Projects that involve large-scale construction tend to generate jobs quickly, which is advantageous for meeting EB-5 requirements within the required timeframe. A restaurant relaunch, for example, might take longer to show job creation through revenue growth, which could be a risk if it depends heavily on future business success.

4. Capital Structure and Risk: It’s essential to review the capital stack and financing structure of the project. Does the project rely heavily on EB-5 funds, or is there strong backing from other investors or developers? The project's financial health is critical to its success and your investment’s security.

In short, while the nature of the project doesn't automatically make it more or less suited for EB-5, you’ll want to focus on its ability to create jobs, its viability, and its capital structure. Feel free to reach out if you’d like more specific guidance on evaluating these projects or their EB-5 suitability!

The nature of the project does not matter as long as you are investing in a for-profit organization formed in the U.S. for the ongoing conduct of lawful business and the Project meets the EB-5 program requirements. It is important to evaluate every specific project for compliance with the EB-5 regulations.