Last Reviewed/Updated: 12/2023
Investment amount
The current investment amount is $800,000 for projects in a TEA and $1,050,000 for other locations was implemented through the EB-5 Program RIA in March 2022. These amounts will be in place till September 2027. In 2027 the amounts will be reviewed and will be increased in accordance with the inflation level. To learn more about TEA – please check out our article.
Main requirements
The EB-5 program has a main requirement that the investment must create at least 10 new jobs for US residents.
Also, an investor must prove that the money to be used for this EB-5 investment is legally obtained. To show this investors must document both the initial source of funds and a trace of funds demonstrating, all the way through the process, how the money was moved from the moment it was initially received till the moment of the EB-5 investment.
For example, if you sold an apartment 3 years ago, you have to show where this money has been for the last 3 years and all the transactions have to be supported by documents confirming these movements and bank statements. In addition, you have to provide documentation showing how and when you bought this apartment and what was the source of funds for this purchase.
In the event that you have used dividends from your business as a source of funds, you have to document all the financial reports of your company and the source of funds for the initial investment to start your company.
The EB-5 program is accessible only to investors who have no past criminal record.
In addition to the main investment, there are some additional costs associated with the EB-5 program. These will depend on the option that investors choose for participating in the EB-5 program – through their own business or through a Regional Center.
Additional costs – Regional Center option
For the Regional Center option, the additional costs will be:
- Regional Center administrative fees of $50,000 – $90,000 (the exact amount will depend on the project)
- Immigration lawyer – $15,000 – $70,000, the exact fee will depend on the lawyer’s qualifications and the size of the firm
- Translation costs – $1000 – $5000
- Governmental fees for I-526, I-829 and I-485 or DS-260 – which will vary from $9,000 for a single applicant and depending on the number of family members in the application. Governmental fees are expected to increase by more than 150% in the second half of 2023.
Additional costs – Direct EB-5
For Direct EB-5 investors (investors investing in their own business), additional fees may vary significantly depending on the business model and the professionals involved. Investors should bear in mind that preparing documents required for the direct EB-5 process would be much longer and more costly, as all documentation such as business plans, subscription / operating agreements will have to be done separately for an intended business model. In some cases an immigration lawyer can put together a proposal including all necessary parts of the application, in some cases, the investor may work with economists and business plan writers directly to streamline the process. Governmental fees, and translation fees would be the same as for the Regional Center project.
Last Reviewed/Updated: 12/2023
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