Questions and Answers > EB-5 Investments

What sector can an EB-5 investment be in?

I am confused about the field of investment required to qualify for the EB-5 visa. I have heard from several sources that my investment should only be in government-listed companies to qualify for an EB-5 visa, whereas USCIS lists that the investment can be in any sector. Which is correct?

Answers

• Barbara Suri

  Immigration Attorney

  Answered on May 23, 2016

  USCIS is correct. The investment can be in any sector, as long as it meets USCIS criteria.

• Robert Lee

  Immigration Attorney

  Answered on May 20, 2016

  If you decide to make your own business, it can be in whatever industry you want as long as it creates 10 full time jobs. If you want to be more of a passive investor, then you have to select an investment project through a government-approved regional center.

• John J Downey

  Immigration Attorney

  Answered on May 19, 2016

  The USCIS definition is correct.

• Jinhee Wilde

  Immigration Attorney

  Answered on May 19, 2016

  EB-5 investment could be in any sector of business where the business could create 10+ permanent, full time jobs per investor. As USCIS will be the adjudicator of your immigrant petition, what they tell you is more pertinent than anyone else telling you otherwise.

• Louis M Piscopo

  Immigration Attorney

  Answered on May 19, 2016

  You may be confused between investing in a regional center and a direct investment EB-5 petition. An EB-5 regional center is where you are investing in a project that has been certified by USCIS as a regional center. They are located in a specific location or area as approved by USCIS. In this situation, you are in effect investing in someone else's business. Alternatively, you can invest in your own business, which is referred to as a direct investment. A business (the investment) in the direct investment EB-5 petition process can be located anywhere.

• Richard A Gump, Jr

  Immigration Attorney

  Answered on May 19, 2016

  Thank you for your inquiry. The investment can be in any sector.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on May 19, 2016

  A qualifying investment in any active and legal business, regardless of the sector or industry, is permissible for EB-5.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on May 19, 2016

  EB-5 investments vary between many industries, including those that are a government-backed entity or not. Get a set of good discussions with an EB-5 attorney to sort things out.

• Xiaosheng Huang

  Immigration Attorney

  Answered on May 19, 2016

  USCIS is correct.

• BoBi Ahn

  Immigration Attorney

  Answered on May 19, 2016

  For EB-5 immigrant investor purposes, as long as the investment is made in a new commercial enterprise, there is no restriction on whether the investment is made in certain types of business or whether it is a government-listed or endorsed business.

• Salvatore Picataggio

  Immigration Attorney

  Answered on May 19, 2016

  EB-5 projects can be in any industry (residential, retail, commercial, health, infrastructure, education, you name it) as long as the project will create the required jobs. You may be hearing that the project should be affiliated with a regional center, which is an entity that obtained a license from the government (USCIS) to sponsor EB-5 projects. However, non-regional center projects, known as "direct" EB-5 projects are also viable investments opportunities, but are not affiliated with any regional center (and also has to create its jobs directly rather than indirectly.

• Melanie Yang

  Immigration Attorney

  Answered on May 19, 2016

  You can invest in any field or business sector that will create new jobs.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on May 19, 2016

  To my knowledge, there are no government-listed projects. There may be some public-private partnerships, but the investment has to be at risk. The fact that USCIS approves regional centers does not make them government-listed.