EB5 INVESTMENT PETITION

EB5 PROGRAMA PARA INVERSIONISTAS

Requirements

The EB-5 Regional Center Program is a popular pathway for investors who prefer a more passive investment structure while still fulfilling U.S. immigration goals. A Regional Center is an economic entity, designated by USCIS, that sponsors capital investment projects for EB-5 investors. These centers pool investor funds to finance large-scale projects, such as infrastructure, real estate development, or manufacturing, within a specific geographic area.

Key Features of Regional Center Investments:

1. Indirect Job Creation Allowed:

Unlike the direct EB-5 program, where the investor must directly create 10 full-time jobs, Regional Center investments allow for indirect and induced job creation to count toward the requirement. This is calculated using economic modeling.

2. Passive Investment Structure:

Investors are not required to be involved in day-to-day management. Instead, they often take on a limited partner role, fulfilling the “active involvement” requirement by participating in policy decisions.

3. Pre-Approved Projects:

Regional Centers typically offer investment opportunities in projects that have undergone prior scrutiny, reducing some of the upfront burdens on the investor.

4. Targeted Employment Area (TEA) Advantage:

Many Regional Centers operate in TEAs, which qualify investors for the reduced minimum investment of $800,000.

Requirements to Invest in a Regional Center:

1. Invest $800,000 USD (if the project is located in a TEA) or $1,050,000 USD (if outside a TEA).

2. Demonstrate Lawful Source and Path of Funds:

Provide evidence such as tax returns, bank statements, business ownership records, loan documents, or gift affidavits—proving the funds were obtained legally.

3. Subscribe to a USCIS-Designated Project:

The project must be part of an approved Regional Center. Investors must enter into offering documents such as a Private Placement Memorandum (PPM), Limited Partnership Agreement, and a Subscription Agreement.

4. File Form I-526E:

Investors must file Form I-526E (the Immigrant Petition by Regional Center Investor) to initiate their application. This form includes evidence of the investment, source of funds, and job creation projections.

5. Capital Must Be At Risk:

USCIS requires that the investment be subject to potential loss, meaning there can be no guarantees of return or redemption agreements.

6. Remain Invested for the Required Period:

Investors must maintain the investment through the conditional residency period (typically at least 2 years).

7. Job Creation Evidence at I-829 Stage:

To remove the conditions on residency, investors must prove that the project has resulted in the creation of at least 10 qualifying jobs, as projected.

Forms and processing time

IV. Immigration Forms and Support

1. Form I-526E (Regional Center) or I-526 (Standalone) – Immigrant Petition

2. G-28 Notice of Appearance by Attorney

3. Form I-485 (if adjusting status in the U.S.) or DS-260 (for consular processing)

4. Form I-829 – Petition to Remove Conditions (filed after 2 years)

Documents

Required Documents for EB-5 Visa Applications

(Standalone or Regional Center)

I. Personal and Civil Documentation (Both Standalone and Regional Center)

1. Valid passport (copies of all pages for applicant and dependents)

2. Birth certificates (applicant and all dependents)

3. Marriage certificate (if applicable)

4. Divorce or death certificates for any prior marriages (if applicable)

5. Government-issued identity cards (if applicable)

6. Police clearance certificates from all countries lived in for 6+ months since age 16

7. Immigration history, prior visas, or petitions filed (if any)

8. Six passport-style photographs per applicant

 II. Financial Documentation – Source and Path of Funds (Required for Both)

1. Tax returns for the last 5 years

2. Bank statements for the last 12–24 months

3. Business ownership documents (articles of incorporation, financial statements)

4. Evidence of lawful income (salary, dividends, rental income, etc.)

5. Loan agreements (if funds were borrowed), including security or collateral documents

6. Gift letters and donor source of funds (if investment capital is a gift)

7. Sale agreements (if investment funds came from property or asset sales)

8. Foreign exchange and wire transfer records showing path of funds to the U.S.

III. Investment Documentation

A. For Standalone (Direct) EB-5 Investment:

1. Business Plan (compliant with Matter of Ho)

2. Corporate formation documents (LLC, LP, or corporation filings)

3. Articles of incorporation, bylaws, operating agreements

4. Organizational chart and ownership structure

5. Job creation analysis and hiring plan

6. Lease agreements or property documents for the business site

7. Evidence of actual business activity (contracts, invoices, employee records)

B. For Regional Center Investment:

1. USCIS-approved Regional Center designation letter

2. Private Placement Memorandum (PPM)

3. Limited Partnership or LLC Agreement

4. Subscription Agreement

5. Escrow Agreement (if applicable)

6. Economic impact analysis showing indirect job creation

7. Offering documents (investment overview, use of funds, exit strategy)

Dependents and Other Important Aspects

Who Benefits from an EB-5 Petition?

1. Principal Applicant (Investor):

• The person who makes the qualifying investment and files Form I-526 or I-526E.

2. Spouse:

• Legally married spouse of the principal investor at the time of filing or during the process. The marriage must be valid under the laws where it was celebrated.

3. Unmarried Children Under 21:

• Includes biological children, stepchildren (if the stepchild relationship was established before age 18), or legally adopted children (if adopted before age 16 and living with the parents for two years).