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#uscis approved eb5 projects

"USCIS approved EB5 projects" are ready for investment vehicles of the EB5 Visa Program.

Learn benefits, the project approval process, and requirements. Browse already approved EB5 projects in Florida, California, or nationwide.
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Private Market Investment Opportunities

Benefits of EB5 approved projects

Investors seeking a path to permanent residency in the United States can use the EB-5 Visa Program. One way to do this is by investing in "EB-5 visa-approved projects." These projects offer a unique investment opportunity that provides potential returns and a chance to obtain a green card. Don't miss this chance to invest in your future and secure your place in the United States.

The initial visa petition for an EB-5 project involves an added layer of USCIS scrutiny focused on

  • the project's business plan and
  • economic impact report.

This extended adjudication process makes it advantageous for investors to join a project after this initial USCIS review. Investors can verify the project's status with the regional center.

Additionally, investors should ensure the project has obtained all necessary licenses and permits to prevent potential delays after committing funds.

EB5 Project approval process for direct investment

For a direct EB-5 project, there is no need to obtain pre-approval. The first step is to submit the I-526 immigrant petition, including all necessary components. This includes a Matter of Ho compliant business plan demonstrating the need for ten full-time employees and specifying the timeline to create those positions directly within the conditional period.

EB-5 Project approval process for regional center investment 

The USCIS categorizes projects as either hypothetical or actual - exemplar projects:

  • Hypothetical Projects PreApproval by Regional Centers
    A hypothetical project category includes broad proposals and forecasts and doesn't comply with a "Matter of Ho" business plan. However, the USCIS may still consider such a project evidence that the proposed regional center will likely promote economic development.
  • Actual - “Exemplar” Projects
    Documentation provided by an actual project is more detailed and conclusive. Such documentation demonstrates the proposed regional center's ability to promote economic development through verifiable economic or statistical evidence.
    An EB5 exemplar approval project includes the documents of the commercial entity seeking regional center designation, including organizational and transactional documents.
    Applications involving real projects must contain a comprehensive business plan rather than a sample one.
    Furthermore, the projects must include sample transactional documents, such as investor subscription agreements and private placement memorandums.
    To request approval for each investment offering through an associated new commercial enterprise, a designated regional center submits a project application in the form of an Application for Approval of an Investment in a Commercial Enterprise, specifically Form I-956F.

Required documentation for project approval

All EB-5 regional center applications require the following documents:

  • Sample project business plan
  • Comprehensive business plan

    The project application should provide a detailed and convincing business plan outlining the company, its offerings, and its goals. Additionally, the plan should specify the type of investment, such as a loan, equity investment, or other financial agreement.

    A comprehensive business plan should include:

    • market analysis,
    • market strategy,
    • permit and license requirements,
    • supply and distribution contracts, 
    • manufacturing process descriptions.

    The plan should include sales, expenses, income projections, and a comprehensive explanation of how these numbers were derived.

  • Corporate structure
  • Economic report

    An expert should be responsible for preparing the economic report. This document not only indicates if the project is in a TEA but also proves that it will generate the required number of jobs. Using accepted economic methodologies to demonstrate indirect and induced jobs is necessary. 

    • Direct job creation may seem simple, but regional centers can also count indirect and induced jobs when calculating overall job creation.

    • Indirect jobs refer to those that arise from the project's development and continuous operation, e.g., buying supplies, building materials, etc. In contrast, induced jobs are created by the project's economic impact, e.g., the money spent by the project's employees.

  • Legal securities documents
    Lawyers with relevant experience in EB-5 must prepare legal securities-related documents. To comply with the SEC, the investor subscription agreement and private placement memorandum should align with the USCIS requirements. Since the USCIS has complex regulations, it is essential to engage professionals who are experts in relevant areas to prepare these documents.
  • Legal immigration documents
  • Agreement between the regional center and the project.

NOTE

It is essential to work with an experienced EB-5 immigration attorney to maximize your chances of receiving USCIS approval.

Form I-526E. Immigrant Petition by Regional Center Investor.

I-526E, Immigrant Petition by Regional Center Investor

Form I-526E first-page sample

Form I-526. Immigrant Petition by Standalone Investor

I-526, Immigrant Petition by Standalone Investor

Form I-526 first-page sample

Form I-956F. Application for Approval of an Investment in a Commercial Enterprise

I-956F, Application for Approval of an Investment in a Commercial Enterprise

Form I-956F first-page sample

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