EB-5 Visa Cost and
Fee Structure

The EB-5 Program is a U.S. immigration initiative that allows foreign investors to obtain a visa by making a qualifying investment in a U.S. business. This investment must meet specified capital requirements and generate a minimum of 10 jobs per investor.

The qualifying amount for an EB-5 investment depends on the project location. If an EB-5 Project is located in a Targeted Employment Area (TEA), the required investment amount is $800,000. Outside of a TEA, investors must contribute $1,050,000 to secure a Green Card.

Additionally, investors are obliged to cover fees associated with Regional Center assistance, immigration attorney services*, and the overall processing of their application by USCIS.

Minimum EB-5 Visa Investment
Cost Requirement for 2024

The minimum qualifying amount for an EB-5 investment is contingent upon the project location. In cases where the EB-5 project is situated within a Targeted Employment Area (TEA), the requisite investment amount is $800,000. Conversely, for projects outside of a TEA, investors are obligated to contribute $1,050,000 to secure a Green Card.

Project Investment

US Dollar / USD ($) Indian Rupee / INR (₹) Mexican Peso / MXN ($) Brazilian Real / BRL (R$)
1 Project located in Targeted Employment Area (TEA) EB-5 Investment Amount $800,000 INR 6.67 CR MXN 13,496,720 R$ 1.612.116,80
2 Project located outside of a Targeted Employment Area (Non-TEA) EB-5 Investment Amount $1,050,000 INR 87.67 CR MXN 17,711,085 R$ 2.115.903,30

(As of May 2024)

Additionally, here are six key aspects that every investor must know about their investment:

  1. Every investment is required to be an ‘At-Risk’ investment in a U.S. commercial enterprise.

What this means:

There can be no guarantee on the return of capital invested as it would disqualify the investor from obtaining a permanent Green Card.

What this does not mean:

This does not imply that the EB-5 investment must be unnecessarily risky. At EB5 United, our philosophy revolves around being a Fiduciary for our investors. We prefer using a first position loan structure along with high-equity from well-capitalized developers that is subordinate to the EB-5 Loan to ensure security for our investors.For more information about our deal structuring, please feel free to contact us.

  1. One EB-5 investment allows the main applicant, their spouse, and any unmarried children under age 21 to obtain permanent Green Cards.
  2. Applying for an EB-5 Visa does not affect other ongoing forms of U.S. legal status (e.g., H1-B, F-1, B-1, etc.).
  3. The investor does not receive any immediate immigration benefits after filing their I-526E Application. They are allowed to immigrate to the U.S only after receiving the approval of their I-526E Petition.

With EB5 United, you can benefit from faster processing depending on which EB5 United Project you invest in. We’ve received 100+ Approvals as of April 2024, averaging less than 6 months per approval. One of our recently closed Rural Projects (One&Only) secured I-526E Approvals in a record-breaking 30 days. Please feel free to reach out to us to know more about our Rural Projects.

  1. The first EB-5 immigration benefit may come in the form of:
  • If the investor is outside of the US when investing, a Conditional Green Card received approximately one to three years from the moment of application (application means filing an I-526E petition), OR
  • An Employment Authorization Document (EAD) and Advanced Parole (AP) Travel Permit that can be obtained within months of application if the investor is in the US when applying, has a valid U.S. visa, and concurrently files an I-485 change of status along with their I-526E petition.
  1. The timelines for obtaining a Conditional Green Card, EAD, and AP tend to vary and depend on two essential factors:
  • Investor’s country of birth
  • Investor’s current visa status in the U.S.

Details of EB-5 Visa Cost + Additional costs

Here’s a Breakdown of the USCIS fees and additional costs for your reference. The fees and costs are explained in more detail below.

EB-5 Fee Charged by USCIS

US Dollar / USD ($) Indian Rupee / INR (₹) Mexican Peso / MXN ($) Brazilian Real / BRL (R$)
1 Filing Form I-526E fee | Immigrant Petition $3,675 + $1,000 RIA Fee INR 3.68 Lac + INR 83.5K RIA Fee MXN 62,031.06 + MXN 16,879.20 RIA Fee R$ 7.408,91 + R$ 2.016,03 RIA Fee
2 Filing Form I-485 fee | Adjustment of Status $1,140 INR 95,000 MXN 19,221.27 R$ 5.787,32
3 Filing Form I-829 fee | Removal of Conditions on Status $3,750 INR 3.13 Lac MXN 63,227.85 R$ 19.037,25
4 Filing Form DS-260 fee | For investors outside U.S. $325 INR 27,000 MXN 5,479.73 R$ 1.649,89
5 Individual Biometrics fee $85 INR 7,000 MXN 1,433.16 R$ 431,51

Additional EB-5 Costs #

US Dollar / USD ($) Indian Rupee / INR (₹) Mexican Peso / MXN ($) Brazilian Real / BRL (R$)
1 Regional Center Admin fee $80,000 INR 6.67 CR MXN 1,349,804 R$ 4.061.28
2 EB-5 Visa Immigration Attorney’s fees $25,000 to $35,000 INR 20.87 Lac to INR 29.22 Lac MXN 421,855 to MXN 590,597 R$ 1.269.15 to R$ 1.776.81
# Note: Above figures as of April 2024. Fees and costs are subject to change. Attorney’s fees are typically paid in stages and are negotiated directly with the attorney.
  1. Fee for filing Form I-526E | Immigrant Petition
    One-time fee for filing Form I-526E is $3,675 plus an additional $1,000 RIA fee for investors that file after October 1, 2022. This fee is only required to be paid for the Primary Applicant.
  1. Fee for filing Form I-485 | Adjustment of Status
    EB-5 Green Card processing fee for filing Form I-485, which is the application to Register Permanent Residence or to Adjust Status, is $1,140.
  1. Fee for filing Form I-829 | Removal of Conditions on Status
    The fee for filing Form I-829, a Petition filed by the Investor to Remove Conditions on Permanent Resident Status for the primary applicant is $3,750.
  1. Fee for filing Form DS-260 | For investors outside U.S.
    Individuals outside of the U.S. must pay a per-person fee of $325 for filing Form DS-260, the electronic application for an Immigrant Visa. This excludes medical examination costs.
  1. Individual Biometrics fee
    Individual Biometrics fee for Regional Center investors is $85.
  1. Regional Center Admin fee
    The administrative fee charged by Regional Centers is $80,000. The cost may vary depending on the Project.
  1. EB-5 Visa Immigration Attorney’s fee*
    An EB-5 Visa Immigration Attorney can charge $25,000 to $35,000 for helping investors:
  • File the Immigrant Petition
  • File the Green Card Application
  • Organize the Source of Funds Report (essential for I-526/I-526E Approvals)

*Attorney’s fees are typically paid in stages and are negotiated directly with the attorney

Reduced Investment in Rural Targeted
Employment Areas (TEAs)

What are the benefits of investing in a Rural TEA?

Investing in a Rural TEA provides the following benefits to EB-5 investors:

EB 5 Visa Process Step 4 Invest in a Project
  • ZReduced Investment Amount: Investors become eligible for a lower investment threshold of $800,000, compared to $1,050,000 which is required for non-TEA projects.
  • ZSet-Aside Visa Qualification: Investors also become eligible for obtaining Set-Aside Visas, that are specifically reserved or set aside for investors in TEA designated Projects. Set-Aside Visas allow Chinese, Indian, and Vietnamese investors to bypass the backlog and reduce the time it takes to obtain Conditional Permanent Residency.
  • ZRural Project Visa Allocation: For the 2024 fiscal year a total of 5,085 Set-Aside Visas have been earmarked for investors in Rural EB-5 Projects. Half of that number, or 2,543 Set-Aside Visas, have been earmarked for Urban High Unemployment EB-5 Projects.
  • ZExpedited Processing: Expedited Processing is only available in Rural EB-5 Projects and speeds up the processing of investor I-526E Petitions. Rural projects have been averaging less than 6-month I-526E Processing once the project’s I-956F has been approved.

EB-5 Cost FAQs

Can EB-5 investors receive their capital back?

The goal of a typical EB-5 investor is to obtain a Green Card and receive their investment principal back. Well-structured EB-5 offerings have a structured exit strategy in which the EB-5 investors are repaid in-full plus interest. The capital must remain invested or “at-risk” until the investor has completed their Conditional Residency, if they fail to do so their Green Card will not become permanent. Even though EB-5 investments need to be “at-risk” that does not mean that the investment needs to be inherently “risky”. EB5 United structures all deals with two primary objectives:

  1. Reduce investment risk as much as possible.
  2. Create well over 10 jobs per investor to ensure each investor obtains a Green Card.

What are the Capital Requirements for an EB-5 Investment?

The total costs for an EB-5 investment include:

  • $800,000 principal investment ($1,050,000 in a Non-TEA Project)
  • Administrative Fee (Typically 10% or $80,000)
  • Attorney Fees (Typically $25,000-35,000 for the entire process)
  • USCIS Fees ($4,675 for initial I-526E Petition, $3,750 for the I-829 Petition)

What sources of funds can be used to make the EB-5 Investment?

Proper documentation showing the source of funds for the entire $800,000 investment and Administrative Fee is critical. The funds to make an EB-5 Investment can come from anywhere in the world (including the US) as long as they legally sourced where the paper trail can be traced to its origin. Funds required for the investment may include, but are not limited to:

  • Gifts
  • Inheritance
  • Property sale
  • Loan against property
  • Unsecured loans
  • Accumulation of salary
  • Earnings from business ownership
  • Proceeds from sale/mortgage of real estate property

When will I get my EB-5 Investment money back?

The timing for the return of your EB-5 investment money depends on the specifics of the project and its success. Typically, in projects facilitated through regional centers, business plans outline an exit strategy, allowing investors to potentially receive their principal investment back with interest. However, repayment is subject to the success of the project, economic conditions, and the terms of the investment. While loan terms can vary, EB-5 investors generally anticipate repayment within a three-to-seven-year period. It’s crucial to note that the investment must be “at risk” in the project per the program rules, and there cannot be a guarantee of repayment. For more accurate and up-to-date information, consulting with the regional center or project manager overseeing your investment is advisable.

How does the EB-5 Repayment Process work?

When investing in an EB-5 Project, the method of repayment depends on the agreement between the Project Developer and the NCE (New Commercial Enterprise or “EB-5 Fund”). When it comes to repayment, the Developer will typically use cash profits, unit sales, a sale of a portion or all of the Project, or a refinance of a portion or all of the Project. Often times the Developer has the flexibility of using multiple of these options or a combination of them to repay the EB-5 Investors. The repayment is paid to the NCE and then distributed back to the EB-5 Investors.

Choosing an NCE Manager that is separate from the Developer is a crucial step to avoid conflicts of interest. In situations where the Developer defaults on the loan, having an independent NCE Manager becomes particularly valuable. In such cases, the NCE Manager can intervene and take control of the Project, ensuring the protection of EB-5 Investors whose financial interests align with theirs.

When investing with a company like EB5 United, rest assured that we are committed to acting as your Fiduciary. This means our interests are aligned with yours, and our primary goal is to safeguard and protect your investment throughout the Immigration Process.

How does the EB-5 Repayment Process work?

Is it necessary to hire an EB-5 immigration attorney to make my EB-5 investment?

It is necessary to hire a US EB-5 Immigration Attorney for your EB-5 investment due to the complexity of the process. Experienced attorneys provide crucial guidance, ensuring compliance with legal requirements and addressing potential challenges. They complete the Source of Funds (SOF) Documentation, review project documents from an immigration standpoint, and prepare United States Citizenship and Immigration Services (USCIS), immigration petitions for investors throughout the EB-5 process. Given the complexity of EB-5 law and the importance of supporting documents, engaging an experienced attorney is necessary for any investor in an EB5 United Project.

What’s the process of making an EB-5 Investment?

When making an investment into an EB-5 Project the first thing you must do before you can make that investment is hire a U.S. immigration attorney. He/she will source of all of your funds for your investment to make sure they were lawfully obtained. Once you’ve put together your source of funds, you’ll make the investment into the Project of your choice and your attorney will file what is called an I-526E Petition. If you’re in U.S. already with a valid Visa when you file your I-526E Petition, you can utilize what is called Concurrent Filing, which will allow you to obtain a work authorization and travel permit within a few months after you file your petition.

What is the total EB-5 Visa Investment & Cost in Indian Rupees (INR)?

Project Investment

1 Project located in Targeted Employment Area (TEA) EB-5 Investment Amount $800,000 6.66 CR
2 Project located in Targeted Employment Area (Non-TEA) EB-5 Investment Amount $1,050,000 8.74 CR

Fee Charged by USCIS*

1 Filing Form I-526E fee (Immigrant Petition) $3,675 + $ 1,000 3 lac + 83k
2 Filing Form I-485 fee (Adjustment of Status) $1,140 94k
3 Filing Form I-829 fee (Removal of Conditions on Status) $3,750 3.12lac
4 Filing Form DS-260 fee (For investors outside U.S.) $325 27k
5 Individual Biometrics fee $85 7k

Project Investment

1 Regional Center Admin fee $80,000 83k
1 EB-5 Visa Immigration Attorney’s fee^ $25,000 to $35,000 20.82lac to 29.15 lac

*Fees and costs are subject to change
*Attorney’s fees are typically paid in stages and are negotiated directly with the attorney

What are the risks involved in an EB-5 investment?

EB-5 investments, while offering a pathway to a U.S. Green Card, come with inherent risks including potential capital loss due to project challenges and immigration risks tied to program criteria. Success relies on factors beyond an investor’s control, emphasizing the need for thorough research and understanding investment terms. Financial risk is notable as invested capital must stay “at risk” without guaranteed returns. Immigration success depends on Form I-526E Approval and detailed proof of job creation in Form I-829. Careful research and professional guidance are crucial for navigating these multifaceted risks in EB-5 investments.

EB-5 UPDATES

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