To qualify for the EB-5 program and satisfy United States Citizenship and Immigration Services (USCIS) regulations, all EB5 investors must prove their investment capital is lawful. This helps to ensure the United States is not promoting crime through the EB-5 Immigrant Investor Program. The minimum EB-5 investment amount is $1,050,000 or $800,000 depending on the project’s location.
However, EB-5 investors inevitably face more fees through involvement in the EB-5 program. This includes funds used for administrative fees, filing fees, and legal fees. While source of funds documentation is only required for investment capital, it is best practice to provide it for all money used in the EB-5 process.
Administrative fees are only incurred when investing in a project sponsored by a regional center. The purpose of administrative fees is to pay the expenses incurred from offering the project, such as marketing expenses, administration costs, and agent commissions. Administrative fees vary widely between regional centers and projects. However, most fall somewhere between $30,000 and $60,000.
Investors will submit multiple petitions throughout the EB-5 investment process. The first of these—often considered the EB-5 application—is Form I-526E, and has a filing fee of $11,160. Then, investors must file Form I-485, with a filing fee of $1,440 for applicants over the age of 14. For eligible applicants residing in the U.S., this form can be filed concurrently with Form I-526E.
Finally, at the end of the two-year investment period, EB5 investors submit Form I-829. This petition demonstrates compliance with USCIS regulations and has a filing fee of $9,525.
EB5 investors are strongly encouraged to consult with experienced EB-5 immigration attorneys to ensure a smooth and efficient investment process. An attorney can prepare the paperwork for EB-5 source of funds requirements and greatly reduce the risk of a request for evidence (RFE) or even denial. The legal fees of hiring an attorney vary depending on the firm, while typically ranging from $20,000 to $50,000.
There may also be other costs incurred throughout the application process, such as the translation of any documents, additional guidance from financial advisors, wire transfer expenses, etc.
Although there is no comprehensive list of requirements, USCIS adjudicators often ask for source of funds evidence for these administrative fees and additional costs, as well. This is why it is a good idea for investors to prepare source of funds evidence for both the capital investment and other costs including the regional center, legal, and filing fees.
