Questions and Answers > EB-5 Requirements

How can a non-accredited investor use the EB-5 program?

How is it still possible to invest in a regional center even when you do not have "the accredited investor status?" An accredited investor has a net worth which exceeds one million or has a certain degree of annual salary. I currently have the required funds, which just about exceed the $500,000 USD needed to invest, and also the money required to hire lawyers and pay any fees requested, but do not fit in the definition of an accredited investor.

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on April 24, 2014

  The accredited investor status is a Securities and Exchange Commission (SEC) legal requirement. It has nothing to do with immigration law which is under the control of the U.S. Citizenship and Immigration Services. Based on your facts, the potential investor can proceed with EB-5 application. Advisably, talk to an EB-5 attorney for better understanding and guidance on this matter as it appears you are comparing securities law with immigration law.

• Reza Rahbaran

  Immigration Attorney

  Answered on April 22, 2014

  USCIS does not require accredited investor status. However, SEC regulations require investors in regional centers to have accredited investor status. Please note that there are other EB-5 options available for a foreign investor who does not have accredited investor status. Another alternative is a direct EB-5 investment.

• Ying Lu

  Immigration Attorney

  Answered on March 25, 2014

  Being an accredited investor is a requirement under the SEC regulations, but not the immigration laws. I would suggest you consult a security attorney regarding this issue.

• Michael A Harris, Esq

  Immigration Attorney

  Answered on March 13, 2014

  It depends on the regional center or direct project that you would select. USCIS does not require investors to be accredited, but it will be a requirement under the SEC''s regulations if accredited investor status is needed in order to maintain the project''s registration exemption.

• BoBi Ahn

  Immigration Attorney

  Answered on March 13, 2014

  You would need to consult a securities attorney regarding how the investment offering is properly packaged in accordance with the securities regulation. You can work with an immigration attorney for the EB-5 immigrant investor processing, who most likely can recommend a securities attorney familiar with the EB-5 processing.

• Kyle Barella

  Immigration Attorney

  Answered on March 13, 2014

  It may be possible, depending on the structuring of the offering.

• Robert Abedi

  Immigration Attorney

  Answered on March 13, 2014

  You must meet all of the criteria, or you will not obtain your U.S. green card. Please remember that USCIS is very strict and will not give you a pass for not meeting the requirements.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 12, 2014

  Yes; a non-accredited investor still might be eligible to apply for EB-5 classification. You should consult with an experienced EB-5 immigration attorney for details.

• Ed Beshara

  Immigration Attorney

  Answered on March 12, 2014

  The advice of a securities attorney will be able to assist you. The securities offering may be either through a Regulation D or Regulation S offering, and the choice will determine whether you need to be an accredited investor.

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 12, 2014

  Most regional centers require accredited investors, but some do not, and a direct EB-5 investment doesn''t require such a status either. Such a status is not an EB-5 requirement, but an SEC requirement. There would still be options for you.