Questions & Answers

How can I invest in a real estate development project and qualify for EB-5 without working with a regional center?

My company in South Korea has a good relationship with an established developer in the U.S. I would like to personally invest in one of their ongoing projects and use this for my EB-5 application. I understand that most real estate-related EB-5 investments are done through a regional center. I am wondering if I can achieve the same goal without using a regional center.

Answers

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on November 22, 2019

  You can invest in such a real estate development project and not need to use a regional center only if the EB-5 new commercial enterprise ("NCE") or the "project" will directly create at least 10 full-time positions for qualified U.S. workers; the jobs must be permanent W-2 employees and should last at least two years. Construction jobs do not count. Only regional centers can take credit for indirect job creation, like construction jobs and expenditures.

• Salvatore Picataggio

  Immigration Attorney

  Answered on November 13, 2019

  You probably can, provided that you can calculate 10 full-time jobs for the development. Most construction jobs will not count, so you would need to look into operations.

• Charles Foster

  Immigration Attorney

  Answered on November 11, 2019

  You do not need to invest through a regional center, provided that your direct investment will create at least 10 full-time jobs for U.S workers.

• Phuong Le

  Immigration Attorney

  Answered on November 11, 2019

  It is fine to do so, but unless the real estate developer can create 10 full-time jobs through an affiliate or subsidiary, it would be hard to hit your employment numbers.

• BoBi Ahn

  Immigration Attorney

  Answered on November 11, 2019

  You are not required to work with a regional center in order to qualify for EB-5 processing involving real estate development. The only reason to use a regional center managed project for EB5 would be if you would have difficulty in creating requisite minimum jobs.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on November 11, 2019

  It is very rarely done but it is possible as a direct investment. You must provide all necessary documentation and ensure that the project is properly managed. At the same time, you must meet all the necessary EB-5 requirements, which includes the creation of at least 10 jobs, etc. Before you proceed, consult with an EB-5 attorney for proper planning.

• Lynne Feldman

  Immigration Attorney

  Answered on November 11, 2019

  Yes, this should be able to work but will need a business plan and the investment plus the creation of 10 new full-time jobs. The investment limits will increase after November 21, 2019.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on November 11, 2019

  You have to prove 10 full-time jobs and that is much more challenging but if, as a result of your investment, 10 jobs are created, then it might be possible.