What are the categories of EB-5 visas?

These classifications are indicative of several divisions within the EB-5 classification, although in fact, from your point of view, the ability to qualify for an immigrant visa status through the EB-5 program is identical regardless of those classifications. This has more to do with visa number availability than any other matter. As a practical matter, visa availability is only an issue for EB-5 investors who were born in the People''s Republic of China.

The four categories are $500,000 regional center; $1 million regional center; $500,000 direct; $1 million direct. The 3,000 regional center set aside is not presently relevant.

There are 3,000 immigrant visa numbers reserved (or set aside) for regional center EB-5 cases, but in reality, the regional center cases take almost all of the available visa numbers. As for the immigrant visa categories, they are separately designed as to whether they are TEA, non-TEA, regional center, or direct.

The different visa types are based on whether the visa is being issued to a direct investor, regional center investor or a derivative of an investor (spouse or child). There are 3,000 visas reserved specifically for the regional center program. However, since almost 95 percent of all investors invest through the regional center program, more visas are actually being utilized by the regional centers. The only concern now for EB-5 investors is for those who come from mainland China. Citizens of every other country will not be affected by the visa availability for many years to come.

The EB-5 immigrant investor category has subdivisions of: C5 - direct investment outside of a Targeted Employment Area (TEA) (min. $1 million investment required); T5 - direct investment inside of the TEA (min. $500,000 investment required); R5 - regional center investment under the Investor Pilot Program not in a TEA (min. $1 million investment required); I5 - regional center investment under the Investor Pilot Program in a TEA (min. $500,000 investment required). There are 140,000 total employment-based immigrant visa numbers allotted each year. 7.1 percent of that is reserved for the EB-5 category - and no less than 3,000 of these are reserved for investors in a TEA and another 3,000 are set aside for investors investing through the regional centers.