EB-5 Investments No Longer One Size Fits All: Faster Green Card VS Higher Return VS Shorter Investment

Every EB-5 investor’s situation is unique. If you could choose between an EB-5 project that fit your specific case and a one-size-fits-all option, which would you choose?

You would choose the project that fits your situation.

For a long time, the EB-5 market has been dominated by one-size-fits-all projects. That has begun to change, and EB5AN believes that every investor should have a range of options.

If you are considering an EB-5 investment, we want to help you find a project that fits your individual investment goals. You deserve more than a one-size-fits-all approach that fails to treat you as unique.

Generally, EB-5 investors are interested in two primary goals:
1. living and working in the United States
2. getting their invested money back in a reasonable, predictable timeframe

Beyond these two core objectives, EB-5 investors have a variety of investment goals. Some EB-5 investors are interested in living and working in the United States as quickly as possible. Others may be more interested in a strong rate of return.

With the recent changes to the EB-5 program brought about by the EB-5 Reform and Integrity Act of 2022 (RIA), a larger variety of EB-5 investment features is possible. Now, you can and should consider what you want out of an EB-5 investment and look for the project that best fits your goals. If you take the time to do this, you are far more likely to achieve a positive outcome.

In this article, we start by providing some context for the EB-5 program and the RIA. We then describe the key changes that the RIA made to the EB-5 program and the implications of these changes. Next, we provide a framework for making strategic EB-5 investment decisions. Finally, we apply this framework to EB5AN’s current projects and offer example cases.

How EB-5 Investment Worked Before the RIA

The RIA was passed in March 2022. Prior to that, one type of project dominated the market: mezzanine debt for large real estate developments. These projects were typically in urban targeted employment areas (TEAs) that had high rates of unemployment.

Good projects were fully capitalized and had significant job creation. The best projects were being developed by companies with extensive track records of completing projects and repaying debts.

At that time, while many bad options were available, the good EB-5 investment choices were all very similar. The most attractive EB-5 projects were large real estate developments in urban TEAs being built by major developers.

But the calculation changed when Congress passed the RIA.

Key Changes to the EB-5 Program through the RIA

The RIA made a number of changes to the EB-5 program. The changes that had the greatest impact on investment choice are as follows:

Reserved Visa Categories

The RIA created new EB-5 visa categories that are distinct from the standard EB-5 visa category. These set-aside EB-5 visas are for certain types of investments. The largest reserved category makes up 20% of all EB-5 visas and is reserved for investments in rural TEA projects. The next category makes up 10% of all EB-5 visas and is reserved for investments in high unemployment urban TEA projects. Finally, investments in certain infrastructure projects qualify for the smallest EB-5 visa category, which makes up 2% of all EB-5 visas.

These reserved visas are particularly important for investors from countries with historically high demand for EB-5 visas. When demand for EB-5 visas in a particular country is greater than the number of available visas, EB-5 investors from that country face a visa backlog, also known as retrogression. When a country has this type of backlog, EB-5 investors from that country face significant delays. But no country currently has a backlog in any of the reserved EB-5 visa categories.

Right now, on the other hand, EB-5 investors from China and India who invested prior to the RIA face long delays due to visa backlogs. By investing in a post-RIA set-aside visa category—rural or urban TEA or infrastructure projects—investors can avoid these backlogs.

Concurrent Adjustment of Status

Some EB-5 investors are already in the United States on another valid visa. The RIA allows such investors to concurrently file Form I-485 applications to adjust their immigration status alongside their Form I-526E immigrant petitions. By adjusting their status concurrently with their immigrant petitions, EB-5 investors can remain in the United States as immigrant investors while waiting for USCIS to approve their Form I-526E applications.

These EB-5 investors can also apply for employment authorization documents (EAD) and travel permits. USCIS has recently approved EAD and travel permits in as little as 60 days for EB-5 investors who concurrently file.

Rural TEA Priority Processing

In most cases, USCIS takes several years to process an EB-5 investor’s Form I-526E. But EB-5 investors in rural TEA projects are given priority processing for these applications. This means that USCIS will give preference to these investors and process their immigrant applications ahead of those from other investors. With priority processing, EB-5 investors may receive approved I-526E applications in less than a year.

Policy Clarification of the Two-Year Investment Period

The RIA states that an EB-5 investment must remain invested for at least two years. USCIS recently released a policy update that interprets this period as beginning when an investor’s EB-5 funds have been invested in the job-creating entity. This means that an investor can, in most cases, be repaid much sooner than before while remaining eligible for a permanent Green Card.

How to Find an EB-5 Project That Fits Your Individual Case

Due to how the RIA has changed the EB-5 program, investors now have many factors to consider when choosing an EB-5 project. With reserved visas, concurrent filing, priority processing, and potentially shorter investment durations, the project selection process involves more nuance.

Project Location: Urban versus Rural TEAs

One of the first considerations for choosing an EB-5 project is whether the project is in an urban or rural TEA. The main concern here is whether or not the investor is already in the United States. If an investor is already in the United States on a different visa and can concurrently file, either an urban or a rural TEA project would be a fine choice.

But for investors living outside the United States, rural TEA projects are often the better choice. Rural TEA projects offer EB-5 investors priority processing of Form I-526E, meaning they can be approved for Green Cards more quickly. This makes rural TEA investments the fastest way for EB-5 investors living outside the United States to immigrate.

For EB-5 investors from a country with a visa backlog, a rural project may be the best choice. While all TEA projects qualify investors for reserved visas, rural EB-5 projects are likely to remain current the longest. Recently published USCIS data revealed that urban TEA projects attracted more EB-5 investment in the first 12 months of the RIA than rural TEA projects. But urban TEAs have only half the amount of reserved visas. This consideration is particularly important for EB-5 investors from China and India, where EB-5 visa availability is subject to retrogression.

Project Structure: Loan versus Equity

One of the next factors to consider when choosing an EB-5 project is whether the project is structured as a loan or as equity. This structure will impact two key project factors: financial return and financial security.

Both loan and equity projects can offer EB-5 investors low risk and high quality. But these structures have different features, which are outlined below:

EB-5 Loans

EB-5 loan projects are those that lend EB-5 funds to a borrower. EB-5 loans tend to have more predictable repayment timelines. The loan has a specified term, meaning it matures by a certain date. Even if the loan can be extended, such extensions are typically limited to one or two years.

Also, good EB-5 loan projects tend to have additional safety features, like mortgages or third-party repayment guaranties. These features can provide a higher degree of financial safety to EB-5 investors since the EB-5 loan is secured by some kind of collateral. If the borrower fails to repay the loan, the EB-5 lender can enforce their rights, which helps ensure EB-5 investors get repaid.

But just because an EB-5 project has some kind of loan security does not necessarily mean it is lower risk. If a project has a mortgage but the value of the property is less than the loan principal, the mortgage does not increase the project’s safety. In the same way, if a project has a loan repayment guaranty but the company providing the guaranty does not have the finances to repay the loan, the guaranty does not increase the project’s safety.

The best EB-5 loan offerings, however, will have mortgages or repayment guaranties. These projects will be happy to show EB-5 investors the strength of their loan security through financial documents.

With loan offerings, EB-5 investors tend to earn a lower annual return rate. For some EB-5 investors, the amount they earn on their investment is less important. What they want is a more predictable repayment timeline and additional financial security. For those who want higher returns, EB-5 equity may be the better option.

EB-5 Equity

EB-5 equity investments tend to offer EB-5 investors stronger rates of return. In some cases, this higher return rate can result in significant earnings over the investment period.

While the best EB-5 equity projects are low risk, the timing of repayment is more flexible. Unlike an EB-5 loan, the length of an equity investment is not tied to a maturity date. Equity is repaid when the developer sells or refinances the project. Experienced developers can offer estimates of when EB-5 investors can be repaid, but these estimates are subject to change based on project performance.

A developer’s track record is key. If a project’s developer does not have a record of completing many projects and successfully repaying all of its investors, the risk to EB-5 investors is high.

Project Duration: Short versus Standard

With the new USCIS policy allowing for a shorter investment period, EB-5 investors also have more choice when it comes to project duration. Historically, the length of EB-5 investments has been five or more years, but shorter durations of three to four years are now possible.

Shorter duration projects may be structured as a loan or as equity, but they are more likely to be in urban than rural TEAs.

It is important, however, to note that the USCIS policy that allows for shorter investment periods is new and subject to change. USCIS can change the policy at will, or it could be challenged in court or changed by Congress. Investments structured around this policy should include mechanisms that allow it to adapt to any future changes or refinements.

All other facts being the same, a shorter duration investment is better than a longer one. Shorter investment periods mean the money is at risk for less time. And a shorter length investment means having that money back to use for other purposes more quickly. But EB-5 investors should carefully weigh the value of a shorter project and its other benefits against a standard-length project and its benefits.

EB5AN’s Approach: Best-in-Class Projects to Fit Every Investor

EB5AN has worked to provide EB-5 investors with a range of high-quality, low-risk projects with diverse profiles. We offer both urban and rural TEA projects structured as loans and equity with standard and shorter durations. We recognize that every EB-5 investor is different, and features that appeal to one investor may not be as important to another.

We strive for transparency. We want investors to have all the information needed to make an informed choice. We want to help each EB-5 investor understand the pros and cons of each type of project and then choose the project that fits his or her financial and immigration goals.

Whether you are a Chinese businessman living in China, an Indian national in the United States on an H-1B visa, or a Canadian student on an F-1 visa, EB5AN has a project that will fit your goals. Below, we provide brief descriptions of our projects and example investment scenarios.

Rural Projects for EB-5 Investors Outside of the United States

EB5AN is currently offering three best-in-class rural EB-5 projects: Wohali Utah (Loan), Kindred Resort at Keystone (Loan), and Twin Lakes Georgia (Loan).

Fictional Example:

Mr. Zhang, a Chinese businessman, wants to move his family to the United States. The fastest way to get an EB-5 visa is to invest in a rural TEA project. He begins looking into projects and finds the Kindred Resort at Keystone, a rural TEA project. This project has low immigration risk since all EB-5 jobs have already been created. Financial risk is also low since it features a 100% equity pledge, future mortgage, and strong existing sales. Zhang likes this project because it is a luxury ski resort hotel and condominium, and he has always loved skiing. He makes his investment, and in 11 months he is approved for Green Cards for himself and his family.

Urban Projects for EB-5 Investors in the United States

EB5AN is currently offering two top-tier urban EB-5 projects that feature shorter investment durations: Boynton Beach (Equity) and Boynton Beach (Loan).

Fictional Example:

Ms. Patel from India is currently living and working in the United States on an H-1B visa. She wants to adjust her status and concurrently apply for work authorization and a travel permit. Ms. Patel has worked hard and is ready to make an EB-5 investment, but she wants to make sure her hard-earned money is as safe as possible and returned to her soon. Boynton Beach (Loan) appeals to her since it features an EB-5 loan repayment guaranty from a financially strong guarantor. The loan term is about four years, which means she will have her money much sooner than with other EB-5 loan projects. Ms. Patel invests her $800,000 and files her immigrant petition and her adjustment of status application. Six months later, she has work authorization and her travel permit.

Equity for EB-5 Investors Seeking Maximum Returns

EB5AN is currently offering one higher-yield equity project: Boynton Beach (Equity).

Fictional Example:

Mr. Horton is a Canadian in the United States on a student visa but is about to graduate. He wants to remain in the United States and would like to start his own business some day. He believes an EB-5 investment is his best choice for immigrating, but he wants to earn strong returns on his investment to help him start a business. After some investigation, Mr. Horton finds the Boynton Beach (Equity) project, which offers a 5.0% annual return and expected repayment after 3.75 years. He figures he could earn more than $100,000 in returns by the time he is repaid, giving him the money he needs to start his business while also helping him attain his Green Card.

Contact EB5AN for More Information

We believe every investor should be treated as an individual, and our record speaks for itself. While the above examples are illustrative, EB5AN has helped hundreds of real investors find projects that fit their individual goals. We would be honored to help you find the right project for your unique situation.

For more information on our EB-5 projects, schedule a one-on-one call today. We would be happy to help you find the project that best fits your financial and immigration goals.