Effect of EB-5 Regional Center Business Plan Approval and Amendment Procedures
Under the EB-5 Regional Center Program, once a business plan and investment offering have been approved, the approval not only affects the Regional Center itself but is also to the subsequent Form I-526E Petitions (“Petitions”) filed by EB-5 investors participating in the same offering. The RIA addresses the binding effect of such approvals, the circumstances […]
Business Plans for Regional Center Investments
Before an EB-5 immigrant investor files a Form I-526E Petition for classification based on an investment in a Regional Center sponsors investment, the Regional Center must first file an application with the Secretary of Homeland Security (Form I-956F) for each particular investment offering in an associated New Commercial Enterprise (“NCE”). The Form I-956F application must […]
Regional Center Amendments and Record Keeping
Regional Centers participating in the EB-5 Immigrant Investor program are subject to ongoing compliance requirements designed to maintain transparency and accountability. These requirements include notifying the Department of Homeland Security (“DHS”) of significant organizational changes, maintaining records for a specified period, and cooperating with government audits. Understanding these obligations is important for Regional Centers as […]
USCIS Proposes EB-5 Regulations to the EB-5 Reform and Integrity Act of 2022
The United States Citizenship and Immigration Services (“USCIS”) has published aNotice of Proposed Rulemaking that would formally implement regulations to the EB-5 Reform and Integrity Act of 2022 (“RIA”) governing the EB-5 Immigrant Investor Program and the EB-5 Regional Center Program. The proposed regulations represent the most significant regulatory update to the EB-5 program since […]
Protection from Regional Center Program Expiration – Grandfathering before September 30, 2026
The EB-5 Reform and Integrity Act of 2022 (“RIA”) introduced several important changes to the EB-5 Regional Center Program. One of the most important protections for investors is commonly referred to as the “grandfathering” provision found in Section 108 of the RIA, titled “Protection from Expired Legislation.” Since its creation in 1993, the EB-5 Regional […]
Regional Center Job Creation under the RIA
When evaluating whether an EB-5 investment meets the requirement that an investor create at least 10 jobs for qualified U.S. workers, there is now more guidance under the RIA than before. In general, an investment in a business sponsored by a Regional Center does not require all qualifying jobs come from employees hired directly by […]
Priority Processing for Investments Made In Rural Areas
The EB-5 Reform and Integrity Act of 2022 (“RIA”) establishes priority processing for rural areas, ensuring that Form I-526/I-526E Petitions (“Petitions”) filed for business or projects in these areas are expedited. Under this provision, Petitions for EB-5 investments in rural areas shall be prioritized in processing and adjudication, allowing investors and project developers in these […]
Age Determination For Children Of Alien Investors
Section 203(h) of the Immigration and Nationality Act (8 U.S.C. 1153(h)) was amended by the EB-5 Reform and Integrity Act of 2022 (“RIA”) to clarify how in some instances the age of children of investors is determined during participation in the EB-5 program. Under the RIA and the amendment to Section 203(h)(5), an investor’s “child” […]
Affiliated Job-Creating Entity From The RIA
The term “affiliated job-creating entity” is an important term of the EB-5 Reform and Integrity Act of 2022 (“RIA”). Under the EB-5 Immigrant Investor Program, foreign investors who participate make an investment in a new business that employs U.S. workers and can obtain lawful permanent residence in the United States. A company that is owned, […]
Infrastructure Project, Rural Area, And Targeted Employment Area In The RIA
In the EB-5 Reform and Integrity Act of 2022 (“RIA”), three important terms are Infrastructure Project, Rural Area, and Targeted Employment Area (“TEA”). Here’s a clear explanation of each: Infrastructure Project An infrastructure project refers to a capital investment project administered by a governmental entity, such as a federal, state, or local agency. It typically […]