FAQs

Regional Centers

  • An EB-5 Regional Center is an economic unit—either public or private—designated by U.S. Citizenship and Immigration Services (USCIS) to promote economic growth and job creation. Regional Centers play a key role in the EB-5 Immigrant Investor Program by connecting foreign investors with qualifying U.S. investment projects. These entities serve as intermediaries, managing EB-5 funds and overseeing job creation requirements in line with USCIS regulations.

  • Choosing to invest through a USCIS-designated Regional Center offers several advantages for EB-5 investors. One major benefit is the ability to count direct, indirect, and induced jobs toward the EB-5 job creation requirement. In contrast, direct EB-5 investments (outside of Regional Centers) can only count direct jobs.

    Another advantage is the passive investment structure. Investors in Regional Center projects typically have limited involvement in the day-to-day operations of the business. This makes the Regional Center route ideal for individuals seeking a Green Card through EB-5 without needing to actively manage a business in the United States.

  • The EB-5 Immigrant Investor Program is open to individuals from all countries, including those in Asia, Europe, Africa, North America, South America, and Australia. There are no country-based restrictions for participating in the program.

  • A Regional Center in the EB-5 Investor Program is a public or private economic entity designated by U.S. Citizenship and Immigration Services (USCIS) to promote job creation and economic growth within a specific geographic area. These centers play a critical role in facilitating EB-5 investments by managing investor capital and ensuring projects meet program requirements. Regional Centers enable EB-5 projects to count direct, indirect, and induced jobs, increasing the likelihood of meeting USCIS job creation thresholds.

  • EB-5 investors typically receive their capital back after the completion of the investment project and once job creation requirements have been fulfilled. The return of funds is contingent on the success of the project and the terms outlined in the investment agreement. While Regional Centers oversee fund deployment and project management, the timeline for return of capital can vary depending on the structure and progress of the specific investment.

  • Yes, the EB-5 visa can ultimately lead to U.S. citizenship. Investors become eligible to apply for naturalization after holding lawful permanent resident (LPR) status for five years and meeting all other requirements set by U.S. Citizenship and Immigration Services (USCIS). This five-year period includes the initial two years of conditional permanent residency, meaning the countdown to U.S. citizenship begins as soon as EB-5 investors receive their Green Cards.

  • The current filing fee for Form I-526E, the EB-5 immigrant petition for regional center investors, is $12,160. This includes a $1,000 contribution to the EB-5 Integrity Fund, required only for regional center applicants.

    The fee for Form I-829, the petition to remove conditions on permanent residency, is $9,525. Filing this form is a critical step in the EB-5 process, as it demonstrates that the investor has met USCIS requirements for job creation and sustained investment.

    Filing fees are subject to change. Always refer to the official USCIS fee schedule for the most current information.

  • Repayment of an EB-5 investor's capital generally occurs after the investment project—facilitated through a USCIS-designated Regional Center—has been successfully completed and has met the EB-5 program requirements, including job creation. The timing and conditions of repayment depend on the terms outlined in the investment agreement and the specific structure of the project.

  • EB-5 Regional Center projects play a key role in promoting economic development across designated areas of the United States. These projects help stimulate local economies by attracting foreign capital and creating jobs for U.S. workers. Key benefits of investing through a Regional Center include:

    1) No day-to-day management required: Investors are not obligated to participate in the daily operations of the EB-5 project. This passive role is ideal for those focused on immigration outcomes rather than managing a business.

    2) Indirect employment creation: Regional Center projects can count direct, indirect, and induced jobs toward the EB-5 job creation requirement. This expanded job calculation can increase the likelihood of meeting USCIS thresholds.

    3) Flexibility in residence: Investors are free to live and work anywhere in the United States, regardless of the location of the Regional Center project they invest in.

    4) Priority processing: Rural Targeted Employment Area (TEA) projects under the Regional Center program may qualify for priority processing, potentially resulting in faster petition adjudication.

  • While both options lead to permanent residency through the EB-5 Immigrant Investor Program, there are several key differences between investing through a Regional Center and making a direct EB-5 investment:

    1) Job creation methodology: Direct EB-5 investments can only count direct, full-time jobs created by the new commercial enterprise. In contrast, Regional Center investments can include direct, indirect, and induced jobs, offering more flexibility in meeting the job creation requirement.

    2) Level of control: Direct investors are typically involved in the day-to-day management and operations of the business. Regional Center investors, on the other hand, have a more passive role and are not required to actively manage the enterprise.

    3) Return on investment (ROI): Direct investments may offer the potential for higher returns but also come with greater operational risk and responsibility. Regional Center investments are often structured for stability and predictability rather than maximum profit.

    4) Administrative burden: Direct EB-5 investors generally face more administrative and legal responsibilities, including business planning, compliance, and immigration documentation. Regional Centers typically have experienced teams handling project oversight and EB-5 compliance, reducing the paperwork burden for investors.

Investment Costs

  • The minimum EB-5 investment amount is $800,000 for projects located in a targeted employment area (TEA), which includes rural or high-unemployment areas. For projects outside of TEAs, the minimum investment is $1,050,000. This applies whether investing directly or through a USCIS-designated Regional Center.

  • An investor’s total EB-5 capital outlay generally includes the minimum investment amount, Regional Center administrative fees (if applicable), USCIS petition filing fees, immigration attorney fees, and any third-party due diligence or escrow-related costs. These additional expenses vary based on the nature of the investment and service providers involved.

  • The filing fee for Form I-526E, used by Regional Center investors, is currently $12,160. This includes a $1,000 contribution to the EB-5 Integrity Fund. Investors pursuing direct investments use Form I-526 with a filing fee of $11,160. Always consult the official USCIS fee schedule to verify current amounts.

  • Yes, EB-5 investors become subject to U.S. taxation once they obtain conditional permanent residency. From that point, they are taxed on their worldwide income, including earnings from both U.S. and foreign sources. Before receiving their Green Cards, investors may be subject to withholding tax on U.S.-sourced distributions, depending on their residency status and applicable tax treaties.

  • Yes, USCIS permits loan use for EB-5 investments, provided the loan is secured by the investor’s own assets and not by the EB-5 enterprise itself. Unsecured loans are now also allowed, as long as the funds are lawfully sourced and the investor is personally liable for repayment. This was clarified following the Zhang case decision.

  • To successfully qualify for a U.S. Green Card through the EB-5 program, investors must meet two key requirements: they must make a qualifying investment that remains at risk throughout the investment period, and the investment must create at least 10 full-time jobs for U.S. workers.

  • Yes, the EB-5 program can be a successful path to U.S. permanent residency for investors who meet the program’s key requirements. Success largely depends on two core criteria:

    1) At-risk investment: The EB-5 investment must be placed at risk for the purpose of generating a return, with no guaranteed repayment. This ensures the capital is truly committed to a job-creating enterprise.

    2) Job creation: The investment must result in the creation of at least 10 full-time jobs for U.S. workers. These can be direct jobs (in a direct investment) or a combination of direct, indirect, and induced jobs (in a Regional Center project), depending on the project structure.

    Fulfilling these two requirements is essential to completing the EB-5 process and becoming eligible for a U.S. Green Card.

  • The average rate of return on EB-5 investments varies depending on the project, risk level, and broader economic conditions. Returns are typically modest, as the primary objective of the EB-5 program is to obtain U.S. permanent residency—not to generate significant financial gains.

    While some projects may offer limited returns, investors should prioritize compliance with EB-5 program requirements, particularly the at-risk nature of the investment and job creation. As with any investment decision, it's essential to evaluate both potential risks and rewards carefully. Working with financial and legal professionals experienced in the EB-5 program, like the Arcasia Advisors team, can help ensure a well-informed investment strategy.

  • Opening a U.S. bank account is not a formal requirement of the EB-5 program, but it is often a practical and beneficial step for many investors. A U.S.-based account can simplify the transfer of funds, ensure smoother compliance with banking regulations, and facilitate documentation of the lawful source and path of funds—an essential part of the EB-5 petition.

    Once funds are deposited into a U.S. bank account, they can be transferred to the designated EB-5 escrow account tied to the selected project. Escrow accounts help safeguard the investment capital until the investor meets certain conditions, such as petition approval or visa issuance.

Source of Funds

  • Proving the lawful source of investment funds is a critical part of the EB-5 petition process. USCIS requires clear documentation that establishes how the funds were earned or acquired and how they were transferred to the EB-5 investment. Below are common types of fund sources and the types of documentation typically used to verify them:

    1. Earned Income

    • Bank statements showing salary deposits from an employer

    • Employment contracts and income certificates

    • Capital source statements outlining savings history

    • Income documentation from a spouse, if relevant to the accumulation of funds

    2. Sale of Real Estate

    • Purchase and sale agreements

    • Bank statements showing the receipt of proceeds

    • Property ownership records and tax certificates

    • Documentation showing how the property was originally acquired

    • Capital source statements detailing the sale transaction

    3. Stock Market Proceeds

    • Sale and purchase contracts, share transfer agreements

    • Bank statements reflecting deposited proceeds

    • Capital source statements explaining the investment history

    • Additional proof of how the stock purchase was funded (e.g., salary, property sale)

    4. Loans

    • Signed loan agreements from financial institutions or private lenders

    • Capital source statements from both borrower and lender

    • Documentation proving lawful ownership of collateral (e.g., property deeds, appraisals)

    • Bank statements showing loan disbursement and transfer of funds to the EB-5 account

    5. Gifts

    • Capital source statement confirming the gift

    • Identification and financial background of the gift provider

    • Gift letter stating the amount and confirming that no repayment is required

    • Bank statements confirming the transfer of funds from the donor to the investor

    6. Inheritance

    • Death certificate, will, or legal documentation confirming inheritance

    • Capital source declaration from the deceased, if available

    • Tax records or pay stubs indicating lawful earnings of the deceased

    • Bank statements tracking the transfer of inherited funds

    • Affidavits from reliable sources if formal documentation is limited

    Working with experienced EB-5 advisors ensures that all required documentation is properly prepared and submitted, and that you receive guidance throughout every step of the EB-5 source of funds process. Their expertise can help streamline compliance with USCIS requirements and minimize the risk of delays or denials.

  • Yes, EB-5 investors can use loan proceeds to fund their investment, but certain conditions must be met. The investor must be the primary borrower and personally liable for repayment. The loan should be secured by the investor’s own assets, such as real estate or other personal property, with a value equal to or greater than the loan amount.

    Under current USCIS policy, unsecured loans are also permitted, provided the funds are lawfully sourced and the investor bears full repayment responsibility. Importantly, assets belonging to the EB-5 new commercial enterprise (NCE) or any affiliated entity may not be used as collateral.

  • For many investors, loans can make the EB-5 investment more financially manageable. As long as the loan structure complies with USCIS guidelines, loan proceeds are an acceptable source of funds. Thorough documentation—such as the loan agreement, collateral proof, and capital source statements—is essential to demonstrate that the funds were lawfully acquired and that the investor is personally obligated to repay the loan.
    Whether the investment capital is sourced from income, asset sales, gifts, inheritance, or loans, proving the lawful source of funds is a vital part of the EB-5 process. Clear and complete documentation is required to satisfy USCIS standards and avoid delays or denials. Working with experienced EB-5 professionals can help ensure that all paperwork is properly prepared, organized, and submitted in line with regulatory expectations.