The required EB5 investment amount depends on the location of the investment enterprise. Projects situated within targeted employment areas (TEAs) require an investment of $800,000. In contrast, projects located outside of TEAs require a much higher $1,050,000.
There are two EB-5 investment options for applicants to choose from: direct or through a regional center. With direct investment, the investor has sole control over their capital and EB5 enterprise. Additionally, they are responsible for creating their own business plan. Due to its complex nature, many investors hire firms that specialize in EB5 business plans to create one for them. The price of this service varies depending on the company. In contrast, the affiliated regional center in regional center investments will provide a business plan, as well as handle the enterprise, job creation, and general management tasks. These administrative fees can range anywhere between $50,000 and $70,000 depending on the regional center.
After a prospective investor has conducted thorough due diligence and is ready to begin the EB5 process, the first step is to file the I-526 petition. Acting as the EB5 application, this form provides United States Citizenship and Immigration Services (USCIS) with information on the applicant and their investment. The I-526 petition costs $3,675 to file.
After an investor’s I-526 petition is approved, the next step is to apply for adjustment of status (AOS). This can be done in one of two ways depending on where the applicant is residing at the time of filing. Investors applying outside of the United States must go through consular processing, which costs $345. When applying inside the United States, investors file Form I-485. For most applicants, this petition costs $1,140 to file. Applicants under the age of 14 and filing with one of their parents’ I-485s will instead pay $750. Additionally, there is an $85 biometrics fee for the applicant and each dependent included in the petition. This fee is waived for individuals under 14 or ages 79 and up.
Within the last 90 days of the two-year conditional residency period, EB5 investors must file Form I-829 to demonstrate to USCIS their investment’s success. As the final step in the EB5 process, I-829 approval grants the investor and their dependents permanent U.S. resident status. Filing the I-829 petition costs $3,750, along with an $85 biometrics fee for the applicant and each dependent.
The EB5 investment process is complex and can be difficult to navigate. As such, it is highly recommended that EB5 investors retain an experienced immigration attorney to help ensure success. Legal fees vary depending on the firm, but typically range between $15,000 and $50,000.
