EB-5: Regional Center Redesignation “Not Required” Say Congressional Leaders in Letter to Mayorkas
USCIS last week shocked the EB5 market by saying all regional centers will need redesignation. That’s not the case, say congressional leaders.
Nearly 100,000 investors have obtained residence permits in the United States via the EB-5 program over the last decade, injecting close to US$40 billion into employment-creating projects.
Application and approval volumes have declined in recent years, owing to uncertainty about the future of the regional center program, minimum investment requirements, and excessive processing times for applications from nationals of certain countries.
Program Type | Golden Visa Program |
Time to citizenship | 7 years |
Time to permanent residency | 2 years |
Minimum investment | US$ 800,000 |
Physical presence requirement | No more than 180 days' consecutive absence |
Application processing time | 1-2 years (but much longer for countries in "retrogression") |
Citizenship grants visa-free travel to | 185 destinations, including Schengen countries |
Contribution types available | Business Investment |
General program requirements
There are two investment routes:
$800,000 in a Targeted Employment Area (TEA). This is typically a rural area which has a high rate of unemployment. The investment must be made in a government-approved program (Regional Centres).
$1.05 million outside a TEA. The applicant can invest in another company/enterprise of their choice or create a new company. The investment must show it has created at least 10 jobs, either directly or indirectly. The indirect jobs may be through a third party supply chain.
$3,675 per applicant administration fee. Dependents may be added to the application which can include a spouse, children under 21 and unmarried.
Program benefits
Requirements to qualify for citizenship
The initial conditional Green Card is issued for 2 years. After completed the 2 year period, the applicants may apply for an unconditional Green Card if they meet the criteria for the business. i.e. the investment has been retained and the employment criteria are being adhered to, if applicable.
After 5 years of physical presence (183 days per annum) on the unconditional Green Card, the applicant may apply for citizenship through naturalisation. Effectively, the process will take a minimum of 7 years to become a citizen through the EB-5 program.
There is a US Civics (history and government) test which needs to be completed in English. If an applicant passes, they will take an oath of allegiance to the United States of America.
Legislation upon which this program is based:
ALIENS AND NATIONALITY ACT CHAPTER 12: 1153: Allocation of immigrant visas (5) Employment creation
See more statistics on this program, and dozens of others, in the IMI Data Center.
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USCIS last week shocked the EB5 market by saying all regional centers will need redesignation. That’s not the case, say congressional leaders.
All Regional Center designations are now defunct and all entities seeking to recruit RC-based investors must file for designation again.
While the regional center program has been reauthorized, individual RCs need authorizations of their own through I-924s, Brian Ostar prompts.
“It’ll take a long time for this new program to be stable,” says Matt Galati. “I don’t know if that gets done before 2027, frankly.”
The EB-5 Reform will bring minimum investment levels to $800,000 and $1,050,000 and grandfather in existing regional center investors.
The more than 40,000 EB-5 investors left in the lurch by the closure of the Regional Center Program are not going down without a fight.
Programs that offer citizenship within months in exchange for investments or donations, with minor/no physical presence requirements.
Programs that offer citizenship in exchange for investments following a 1-2 year period, with minor/no physical presence requirements.
Bulgaria Investor Program (discontinued)
Malta MEIN
Programs that offer residence permits within months in exchange for passive investments, with limited physical presence requirements.
Andorra Residence Without Lucrative Activity
Anguilla Permanent Residency Program
Australia BIIP Investor Streams
Bahamas Economic Permanent Residence
Barbados SERP Program
Bermuda Economic Investment Certificate (EIC) Program
Brazil Investor Visa (VIPER)
Cambodia My 2nd Home
Cayman Islands Investor Visa
Colombia Investor Visas M and R
Costa Rica Investor Visa
Curaçao Investor Permit Program
Cyprus Golden Visa
Georgia Investor Visas
Greece Golden Visa
Guernsey Investor & Entrepreneur Residency
Ireland Immigrant Investor Program
Italy Investor Visa
Latvia Investor Visa
Luxembourg Investor Visa
Malaysia M2H Visa
Malta Permanent Residence Program
Mauritius Permanent Residency Program
Monaco Carte de Séjour
Netherlands Investor Visa
New Zealand Investor Visa
Nicaragua Investor Permanent Residency Program
Panama Qualified Investor Visa
Philippines Special Investor Residence Permit
Portugal Golden Visa
South Korea Investor Visa
Spain Golden Visa
Taiwan Golden Visa (APRC Plum Blossom Card)
Thailand Elite Residence Program
UK Investor Visa (discontinued)
United States EB-5
Programs that offer residence permits within months to those who can demonstrate income or personal wealth above a certain level, usually requiring that the holder not take up employment locally.
Argentina Rentista and Pensionado Residency
Austria Independent Means Visa
Barbados Welcome Stamp
Gibraltar Category 2 HNWI Residence
Greece FIP Visa
Indonesia Retirement Visa (KITAS)
Ireland Independent Means (Stamp 0)
Italy Elective Residency Visa
Jersey High Value Residency
Mexico Legal Residency Visa
Nicaragua Pensionado and Rentista Visas
Panama Rentista Retirado Visa
Paraguay Permanent Residency Program
Portugal D7 Visa
Spain Non-Lucrative Visa
Uruguay Independent Means Visa
Programs that offer residence permits within months to those who physically relocate to start and/or run a business. Startup and entrepreneur visas fall under this category.
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