EB-5 VISA Cost

Before applying for an EB-5 visa, many prospective applicants often ask the question, “How much does an EB-5 visa cost?” While some may think it’s a straightforward question, the answer is actually quite complex. While many answers may only cover the filing fees, immigration fees, and minimum investment, there are numerous other costs associated with the EB-5 visa that need to be taken into consideration.

The first cost consideration is determining whether the investment is located in a targeted employment area (TEA) or not. If the investment is located in a TEA, the minimum investment amount is $800,000, while if it is not located in a TEA, the minimum investment amount is $1.05 million. There are three broad categories of EB-5 investments: direct EB-5 investment, off-the-shelf EB-5 investment, and regional center EB-5 investment. Each type of investment has its own set of costs associated with it, and it is up to the investor to do their due diligence and research while being equipped with the right questions to ask about costs and knowledge of EB-5 requirements.

Direct EB-5 Investment Cost

A direct EB-5 investment is a business investment created entirely by the investor, where they have a business idea and intend to implement it themselves. The investor is the sole person seeking a green card from the EB-5 program. In this scenario, there is no administrative fee, but the investor is responsible for all professional fees to ensure the investment is EB-5 compliant. These fees can include legal fees, business plan writer fees, economist fees, and third-party reporting fees, among others.

The investor in a direct EB-5 scenario is also responsible for obtaining their own TEA (Targeted Employment Area) report, which can cost approximately $500 – $1,000, and an EB-5 compliant business plan, which can range from $2,500 to $10,000 or more. Additionally, the investor must obtain the legal advice of a competent immigration attorney to ensure all aspects of their chosen investment are EB-5 compliant. This type of immigration counsel is separate and apart from the immigration attorney’s advice regarding the source of funds. The immigration attorney’s fee for the I-526 petition can range from up to and more than $50,000. In some cases, the direct EB-5 investor may also require the legal advice of other attorneys, such as a corporate attorney or real estate attorney, and any additional legal fees will be borne by the investor.

Overall, the cost of an EB-5 visa is complex and depends on various factors such as the type of investment and the location of the investment. Therefore, it is important to do thorough research and obtain legal advice from qualified professionals before making any investment decisions.

Regional Centers

A public or private economic organization in the United States that fosters economic growth and economic development is known as EB 5 regional center. Although EB-5 investors can establish their own New Commercial Enterprises, most EB-5 visa applicants typically invest through a Regional Center.

A project must accompany every application to the USCIS for regional center approval. USCIS chooses regional centers to take part in the Immigrant Investor Pilot Program.

Direct Investments

Any investment not made through a regional center program is considered an EB5 direct investment. Direct investments include things like creating your own company, buying an existing company, and making investments in an existing company.

Direct investments usually require a higher minimum investment amount than indirect investments and more hands-on involvement from the investor.

Off-the-shelf Direct EB-5 Investment Fees

An off-the-shelf direct EB-5 investment refers to a non-regional center investment that is pre-structured for investment purposes. This investment scenario is similar to a regional center EB-5 investment in that a business opportunity is presented to an investor with a ready-made structure that necessitates little or no changes. Typically, the investor will be able to make the investment and allow another party to manage the investment, with the investor taking on a passive role. However, there may be opportunities for a more active investor to participate in the management of the investment.

One of the fees associated with an off-the-shelf direct EB-5 investment is the administrative fee. This fee is generally the cost of structuring the investment to be compliant with EB-5 regulations. In an off-the-shelf direct EB-5 investment, the degree of structuring completed by the parties who have structured the investment may vary. An investor can typically expect a lower administrative fee if the investment is well-structured.

Another fee associated with off-the-shelf direct EB-5 investment is the legal fee. Similar to a regional center EB-5 investment, and unlike a direct EB-5 investment, the immigration attorney will not have to do much work to ensure that the structure is EB-5 compliant. However, the immigration attorney should still review the off-the-shelf direct EB-5 structure to ensure that it complies with immigration regulations. The immigration attorney’s primary focus will typically be on ensuring that the investor’s source of funds is compliant. Therefore, the immigration legal fee for the I-526 petition will generally be lower than that of a direct EB-5 investment immigration legal fee. You must need to file a Form I-526 to USCIS in order to get green card or USA citizenships.

Regional Center EB-5 investment Cost

In a regional center EB-5 investment, an investor puts their money into a pre-prepared investment structure, which is usually established by a regional center or developer who has created a new commercial enterprise that is ready to accept investors. This enterprise typically makes a loan or equity investment in a job-creating entity, which is intended to stimulate economic growth.

One of the costs that an investor will need to consider when investing in a regional center EB-5 project is the administrative fee. Like an off-the-shelf direct EB-5 investment, a regional center EB-5 investment is pre-structured and therefore requires an administrative fee. However, the structuring costs for regional center investments are typically higher than those for off-the-shelf direct EB-5 investments due to their greater complexity. The administrative fees for regional center EB-5 investments can range from around $20,000 to $90,000, depending on the specifics of the investment.

Another cost to consider is the legal fees associated with the investment. As with an off-the-shelf direct EB-5 investment, the immigration attorney for a regional center EB-5 investment has less work to do to ensure that the investment structure is EB-5 compliant compared to a direct EB-5 investment. The focus of the attorney’s work is typically on ensuring that the investor’s source of funds is compliant with immigration laws. As a result, the legal fees for the I-526 petition are generally less for a regional center EB-5 investment than for a direct EB-5 investment.

In addition to these costs, investors in a regional center EB-5 project must also pay government fees as part of the immigration process. The fees associated with each step of the process can vary and are subject to change by the U.S. government at any time.

The first step in the EB-5 process is filing an I-526 petition, which costs $3,675 for the investor and any dependents. The second step is obtaining a conditional green card after approval of the I-526 petition, which requires an adjustment of status or immigrant visa processing fee of $345 per person. If the investor is outside the U.S., they must process through the National Visa Center and an embassy or consulate abroad. After receiving the immigrant visa, the investor can enter the U.S. and USCIS will produce and mail their green cards to their U.S. address for a fee of $220.

If the investor is already in the U.S. in a certain status when the visa number becomes available, they will need to file an I-485 application to adjust their status in the U.S. The filing fee for an I-485 is likely to be $1,140 for the investor, not including the required $85 biometrics fee. However, these fees may be reduced for children under 14 and applicants over 79.

Finally, to remove the conditions on their residence, investors must file an I-829 petition, which costs $3,750 and applies to the investor and all dependents who file with the investor. If a dependent enters the U.S. or adjusts status later than the investor, they may need to file their own I-829 petition and pay another filing fee.

EB-5 Immigration Fees Post-I-526 Petition

The EB-5 immigration fees that come into play after the I-526 petition largely depend on the investor’s source of funds and the proper structure of their EB-5 investment. These fees are typically more predictable than the fees associated with the initial petition, and tend to vary based on the number of family members involved. At the second step of the EB-5 process, which involves obtaining an immigrant visa or adjusting status, legal fees can add up to $5,000 per applicant. These fees are usually determined by the number of dependents, as each individual is required to file their own application.

During the third and final step of the EB-5 process, the I-829 petition must be filed to remove conditions on residence. This petition can be filed for the investor and all eligible dependents, and the cost of preparing the petition can range up to $10,000. It’s important to note that in a direct EB-5 investment, an immigration attorney is required to handle all the preparation, assembling, and drafting of the necessary documents to demonstrate the removal of conditions. As a result, the immigration legal fee for an I-829 petition in a direct EB-5 investment will typically be much higher than the fee for an off-the-shelf direct EB-5 or regional center EB-5 investment, which generally involve a pre-structured investment that requires less legal work.

When considering the expenses of obtaining an EB-5 visa, investors should also take into account any travel and relocation costs that may apply. While a minimum of one trip to the U.S. is necessary to obtain a conditional green card, investors may need to factor in multiple trips. These expenses can vary widely and should be considered when making investment decisions.

In addition to travel and relocation expenses, investors should also consider tax implications. It is recommended that investors consult with tax attorneys to determine the tax consequences of obtaining a green card and spending more than half of the year physically present in the U.S. This includes not only the tax costs, but also any professional fees associated with obtaining this information.

It is also important for investors to be aware of all the costs associated with the EB-5 visa. Doing proper research and asking the right questions about the fees and requirements of the program is essential. The three different investment models available each have their own unique differences and costs, so it is important to fully understand each one before making a decision. Seeking the advice of legal professionals experienced in immigration law is also strongly recommended before embarking on the application process.

Benefits of the EB5 Visa Program for the US and Its Citizens

The EB-5 Visa Program proved to be a great benefit for the US and its citizens. This program allows foreign investors to live and work in the country, investing in new businesses and creating jobs for the local communities.

In short;

Economic expansion.
Creation of jobs.
Developing in less-served regions.

By doing so, these entrepreneurs help stimulate local economies, boost revenues, and strengthen industries. As their investments expand, they bring experienced workers to their projects while helping existing American workers increase their wages and benefits.

Furthermore, the EB-5 visa holders have the freedom to engage in any investment activity of their choice as long as it adheres to the laws lay down by the US government.

In that way, EB-5 visas provide many of invaluable economic opportunities for both foreign investors and US citizens alike.

EB-5 Immigrant Investor Program- Free EB-5 Visa Consultation

The EB-5 Immigrant Investor Program provides a unique avenue for individuals and families to receive their permanent residency in the United States.

It allows qualified foreign investors to obtain a Green Card by investing $900,000 in an approved project that creates jobs in the U.S., such as regional centers.

As this program is highly specialized, it is important to consult with an EB-5 migration specialist who can help you navigate the process smoothly.

At EB 5 River Oak, we provide free EB-5 visa consultation, which makes it easier and more accessible for those interested in joining this program. Our experienced team of experts helps guide you through the documentation process quickly and efficiently so you can enter the country sooner.