I am thinking about investing in a project in Guam. Though it is not a state of the United States, but rather a territory, how can I go about investing in an EB-5 program there?
You can invest in an EB-5 project in the territory the same way as investing in an EB-5 project located in a U.S. state. I would advise that you only invest through a broker dealer and complete due diligence on the project on the basis of immigration, and financial and business viability of the project.
EB-5 laws and regulations apply to U.S. states and territories. There are accredited regional centers in Guam. If you plan to invest in a regional center project, you should first conduct due diligence of a particular project and a particular center.
The U.S. immigration laws apply to the states and territories of the United States. Therefore, qualifying investments in Guam can be considered for EB-5 classification.
Please note that there is a regional center established and designated in Guam; thus, it is clearly EB-5 eligible territory. You may wish to consult with Lincoln Stone, who helps set up regional centers and other business sides of EB-5, and has set up the Guam Regional Center.
USCIS has recognized regional centers based in U.S. territories (including CNMI). A direct or regional center project should work there as long as the other aspects are in compliance with USCIS regulations.
Investments in Guam qualify for an EB-5 investment under the same rules as projects in the United States, as the EB-5 visa covers projects within the United States and its territories. In fact, there is a regional center in Guam, although investments may be made into your own business or any regional center within the United States.
I believe there is at least one regional center in Guam, so an investment there would count the same as a state.
You would have to follow the same process. If you are looking to establish a regional center, you follow the same process and similarly, the same applies for a direct investment.
