Questions and Answers > EB-5 Regional Center Formation

What types of EB-5 projects get approved?

Which types of EB-5 projects are the easiest to obtain I-526s for? For example, which industries are preferred most by USCIS? Which types of business structuring? We don''t want to invest resources up front in the hopes of utilizing the EB-5 program if our chances of approval are diminished from the get-go.

Answers

• Mona Shah

  Immigration Attorney

  Answered on February 13, 2013

  There is no set criteria for the approval of EB5 projects. The projects must be in compliance with EB5 regulations. It is a good idea to take the advice of an experienced practitioner.

• Julia Roussinova

  Immigration Attorney

  Answered on January 28, 2013

  There are not such particular projects. USCIS has statistics of having approved a variety of projects in different industries, such as resorts, hotels, commercial real estate etc. As you are probably aware, the most important component in EB-5 program is to create at least 10 full-time jobs per investor. You should consult a business advisor or research industries that create jobs relatively easier than the others and make a decision in which industries you wish to invest.

• Larry J Behar, Esq

  Immigration Attorney

  Answered on January 25, 2013

  You have an excellent question. The key is not the industry but the job creating engine which is attached to the business plan as well as the simplicity in the understanding of how the jobs will be created. We have a list of over 200 different types of approved EB 5 projects but some are easier than others to understand for USCIS.

• Lei Jiang

  Immigration Attorney

  Answered on January 25, 2013

  USCIS has approved many types of EB-5 projects. Please just go to USCIS website. USCIS has not indicated any preference. Actually, too many of one type is not a good thing.

• Amir Farzaneh

  Immigration Attorney

  Answered on January 25, 2013

  You really need to look at each project individually before committing to invest in it. I am not aware of one industry being the easiest as opposed to others.

• Monika Sud-Devaraj

  Immigration Attorney

  Answered on January 25, 2013

  There is no specific industry which is better than the other.

• Jinhee Wilde

  Immigration Attorney

  Answered on January 25, 2013

  There is no particular projects that are favored by USCIS as they have approved many different projects, such as hotels, hospitals and infrastructure constructions. Since EB-5 investment program is designed to help those businesses that will create jobs here in the U.S., USCIS will review carefully how the projects will create jobs. Thus, the I-526 must articulate how the project will create jobs and at I-829 application, you must prove how those jobs were really created.

• Kamana Mathur

  Immigration Attorney

  Answered on January 25, 2013

  There are numerous projects for which our firm has secured approval. We would be happy to advise you but this would require a consultation.

• Philip H Teplen

  Immigration Attorney

  Answered on January 25, 2013

  Generally, realty based Regional Centers are the safest and most approvable statistically. However, there are many projects that have very good applicability. I will be happy to review individual investment strategies.

• Clem Turner

  Securities Attorney

  Answered on January 25, 2013

  Generally speaking, USCIS is primarily concerned with job creation. If you have an appropriate economic analysis detailing the job creation stemming from your project, you should be approved if there are no other grounds for rejecting your application. Be advised that there are certain projects that may be more popular with EB-5 Investors, therefore you should still consult with an EB-5 service provider to discuss the specifics of your project.

• Karen Weinstock

  Immigration Attorney

  Answered on January 25, 2013

  There is no really one specific type of cases or industry that works for EB-5 - as long as you can have the 10 full time jobs within 2 years really any business would be OK. Most business structures in EB-5s are limited partnerships but there are other business structures that work.

• Ed Beshara

  Immigration Attorney

  Answered on January 25, 2013

  Each EB-5 project is adjudicated and approved on its own merits. The EB-5 project has to be EB-5 compliant and prepared by an experienced EB-5 attorney and team of professionals who provide the knowledge of up-dated rules and new policies.The EB-5 projects that are approved are usually active and viable businesses where clearly the EB-5 funds are causing the required employment creation.Also,the EB-5 projects usually involve a real estate element in which the real estate is used as collateral for the repayment of the loans to the Fund.

• Roberto Ortiz

  Immigration Attorney

  Answered on January 25, 2013

  I hope all is well. The most important item for an EB-5 project is the creation of employment. You have to make sure that 10 full time jobs are created. Therefore, you need to look at a project that you know will create the employment. Thank you.

• Jeffrey E Campion

  Immigration Attorney

  Answered on January 25, 2013

  There''s not a "preferred" industry. That being said, some industries produce more jobs. Some avoid issues re job creation like tenant occupancy. The best approach is to look at the industry you do best and work in that area.

• Lana Kurilova-Rich

  Immigration Attorney

  Answered on January 25, 2013

  In my opinion, there is no such industry or industries that get you the approvals easier than others. It all depends on the project, and it is an investment, just like any other. So you need to do your own research, and it is advisable to even hire an independent business advisor or consultant who is specifically trained and qualified to give you this investment advice. Attorneys are not financial planners or advisors; we can assist with the EB-5 documentation, etc., but we cannot be giving you investment advice. You should do your own initial ''homework'' of which investments sound good to you, and from there, once you select two or three projects, you really need to investigate each one. It is similar to any investment. If you chose to invest this sum of money into a business in your own home country, for example, surely you would study the books and records, etc., and perhaps even hire a consultant to tell you more about feasibility of the business. Since any investment involves risk, in that a business venture can in theory fail, you should receive qualified investment advice before you choose your project. Again, an attorney is not a financial advisor, so I would not go as far as telling a client where to invest.

• Neville M Leslie

  Immigration Attorney

  Answered on January 25, 2013

  They run the gamut of all types of industries.

• Reza Rahbaran

  Immigration Attorney

  Answered on January 24, 2013

  USCIS doe not have a preference over regional centers or projects. Projects with approved I-526's provide more security against ones that do not, and may lead to a speedier approval if USCIS does not issue a RFE.