EB-5 Frequently Asked Questions

TEA projects: $800,000 USD Non-TEA projects: $1,050,000 USD

An EB-5 Regional Center is an economic unit designated by USCIS to participate in the EB-5 Regional Center Program and sponsor EB-5 projects. Regional Center investors may pool capital through a New Commercial Enterprise (NCE), and qualifying direct and indirect job creation may be counted under applicable EB-5 rules. ARCFE is a USCIS-designated EB-5 Regional Center. Investors can verify this information on the USCIS website using either of the following: Our name: American Regional Center for Entrepreneurs Inc. Our ID: RC2200000292 Approved Regional Center Search

NCE, or New Commercial Enterprise, is a term in EB-5 referring to a business entity created for investment purposes, often facilitating job creation and economic growth.

JCE, or Job-Creating Entity, in EB-5, refers to the business entity in which an investor's capital is invested to generate employment.

A Targeted Employment Area (TEA) is either a high-unemployment area or a qualifying rural area under EB-5 law. A high-unemployment area must meet the statutory unemployment threshold of at least 150% of the national average under the applicable census-tract rules. A rural area must be outside a metropolitan statistical area and outside the boundary of a city or town with a population of 20,000 or more, based on the most recent decennial census. TEA projects currently qualify for the $800,000 minimum investment amount; non-TEA projects require $1,050,000.

Direct EB-5 generally requires the investor’s New Commercial Enterprise to create qualifying direct jobs. Regional Center EB-5 allows investment through an NCE sponsored by a USCIS-designated Regional Center and may count qualifying indirect jobs under applicable rules. Regional Center investments are generally structured for a more passive investor role. USCIS still adjudicates each investor petition individually.

To ensure that the investment funds will be used for job creation, the capital invested by the EB-5 investors must qualify as an “at-risk” investment. This means that the capital invested could either produce a gain or a loss.

For investors filing under the EB-5 Reform and Integrity Act of 2022, USCIS currently interprets the law to require the qualifying investment to remain invested for at least two years, subject to applicable requirements. This immigration-law sustainment period is separate from a project’s contractual loan term and does not mean principal is automatically returned after two years. Actual repayment depends on the project documents, loan maturity, job creation, and other repayment conditions.

Returns vary by project structure and offering terms and are not guaranteed. EB-5 capital must remain at risk. Investors should evaluate expected returns together with the project’s capital structure, collateral position, job creation, repayment conditions, and immigration requirements.

An EB-5 principal investor may generally include a spouse and unmarried children under 21 as derivative beneficiaries. A child’s eligibility may also be affected by visa availability and the Child Status Protection Act (CSPA), so age should be evaluated based on the specific case rather than only the date of I-526E approval.

The CSPA Age Calculation formula is: Age at the time of visa availability - Pending time = CSPA Age

There are no age restrictions. However, individuals under 18 years old cannot sign a legally enforceable contract.

Each EB-5 investment must create at least 10 full-time jobs for U.S. workers, lawful permanent residents, or immigrants authorized to work in the U.S. Job creation must occur over a period of two years. By pooling funds with other investors in a Regional Center EB-5 project, investors receive the benefit of indirect job creation.

USCIS evaluates each petition individually. Issues may include insufficient evidence of the lawful source and path of funds, failure to meet applicable investment or eligibility requirements, or project-related deficiencies. Clear and consistent documentation is critical.

Simple and straightforward is the best option.

Under USCIS regulations, investors must demonstrate that investment assets were gained in a lawful manner such as income from a bonafide business, salary, investments, sale of a property, inheritance, gift, loan, or other lawful means.

Yes loans are an acceptable source of funds as long as the applicant can provide necessary documents.

Yes you should be able to as long as you can demonstrate how you legally earned the funds.

The priority date, also known as the receipt date or filing date, is the date on which the I-526 petition is received and filed by the USCIS. It is typically used to determine an applicant’s place in the visa queue.

The Final Action Dates (Chart A) charts indicate when an applicant may be scheduled for a consular interview and when their case may be processed to completion by DOS or USCIS. Immigrant visa numbers can be authorized for issuance only for an applicant whose priority date is earlier than the Final Action Date for their category and country of chargeability (or the category is Current). The Dates for Filing (Chart B) charts indicate when an application is within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the Date for Filing for their category and country of chargeability (or the category is Current) may assemble and submit required documents to the DOS National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. For noncitizens interested in pursuing adjustment of status, USCIS may allow them to apply for adjustment based on the Dates for Filing chart.