How can I raise funds and create an EB-5 fund to help EB-5 investors get a green card if they invest?

1) You could possibly handle the investments as part of some structured direct EB-5 investment program, but the direct EB-5 program is frankly used in less than 5% of the EB-5 deals out there because of its onerous requirements. But for those who retain counsel skilled in this niche area and who are prepared to handle the job creation and control issues direct investments present, then the direct EB-5 deal has some advantages. But you will have to demonstrate job creation very clearly, along with corporate governance of the business itself. 2) Expedited projects only deal with the I-526 stage, and in reality do not really accelerate much of anything other than approval of the I-526. The movement of the person from their country of origin to the USA is frankly something up to the person investing and their current immigration status (or lack thereof). And then, there is the concept of whether direct vs. Regional Center actually goes faster in the end, which frankly is again dependent on the country of origin. 3) This will depend on the type of EB-5 project in which you are involved. If it is a direct project, it would more likely than not need to be in the same TEA as the HQ. But if the company is building a branch office or something in another location that is a TEA, you might be able to do that. You cannot have the HQ in N. Miami and the warehouse on E. Las Olas on the beach in FTL and claim TEA status. If you are going the Regional Center route, all of this will depend on the geographic footprint that you are asking USCIS to approve.

You do not need to become a regional center (or be sponsored by one) to be able to establish a project for foreign EB-5 applicants. But a regional center project does allow you to count indirect jobs, so that by itself can result in more jobs. If the project is not affiliated with a regional center, then it will need to rely on direct jobs. One of the technicalities to consider is that if there is more than one company, then an EB-5 compliant corporate structure will be needed so you can have a portfolio of jobs. Currently, the petition process of an average individual investor is taking around 30 months. Expediting their petition is done on a case-by-case basis, subject to USCIS criteria. More information will be needed from you to understand the nature of the business and to discuss TEA eligibility.

The fund cases are more complicated because you have to prove how each investment directly creates the jobs. Over 95% of cases are regional center so it is best to focus on this area. Presently, most cases are taking about three years to process. Expedite has to meet current published expedite criteria, but this is a haphazard process. The jobs have to primarily be created in the TEA.