05 May 2022

I am interested in applying for a green card through the EB5 program based on an investment in my own business. How do I determine if a location qualifies as a targeted employment area (TEA) based on its being an area of high unemployment?

Answer Trying to determine whether a particular location qualifies as a high unemployment area can be challenging. The requirement is that the business must be located in a census tract, or contiguous census tracts, experiencing unemployment of at least 150 percent of the national average. Sometimes,...

09 Dec 2021

Have there been any updates on the status of the EB5 program? Is it still possible to qualify for EB5 based on an investment of $500,000, or has the investment requirement changed?

Answer No, there have not been any recent changes. For now, we are still waiting to see what Congress will do regarding reauthorization of the EB5 regional center program. Congress passed a continuing resolution to keep the government funded through February 18, 2022. The hope is...

15 Jul 2021

I invested in a regional center and filed my EB5 case several years ago. It was approved a few months ago, so I filed my I-485 application, along with my EAD application. Will the USCIS continue to adjudicate my applications, even though the regional center program has expired?

Answer For now, the USCIS will not adjudicate any I-485 applications filed based on an I-526 petition, where the investment was made in a regional center. Assuming Congress renews the program, the USCIS is expected to resume processing these I-485 applications.As for the EAD application (form...

08 Jul 2021

Both of my brothers are U.S. citizens, and they are looking to build a new motel. If I invest $500,000 in this motel, and it creates 10 jobs, can I use that to apply for a green card through the EB5 program? Or, do we have to create more than 10 jobs, since there are multiple investors?

Answer Assuming the business is located in a targeted employment area (TEA), it may be possible to invest $500,000 in this business and apply through the EB5 program. If multiple people invest in a business, the business must create ten new jobs per EB5 investor. So,...

31 Jul 2019

I filed an EB5 case a few months ago and my I-526 petition is still pending. I just heard that there are new rules being issued that are raising the investment requirements. Will this impact my case?

Answer On November 21, 2019, a new regulation will go into effect that raises the minimum investment amount for EB5 cases to $1.8 million, or $900,000 if the investment is made in a targeted employment area (TEA). A TEA is a rural area or area of...