EB-5 Immigrant Investor Program: Step 2 for International Students Applying for Investment Immigration – Selecting an Investment Project
Step 2 for International Students Applying for Investment Immigration: Selecting an Investment Project
Attorneys:Attorney Jeff Zhengquan Xie,Attorney Jiarui Yin,Attorney Qian Zhao,Attorney Haochun Ling, Xiang Xiao
As stated in our previous article Step 1 for International Students Applying for Investment Immigration: Proving the Source of Investment Funds, verifying the source of investment capital is the first step for EB-5 investors pursuing investment immigration.
Here, we discuss the second step for EB-5 investors: selecting an investment project.
EB-5 investment immigration projects fall into two categories: direct investment projects and regional center projects.
Direct investment projects are operated directly by the EB-5 investors themselves, hence the name "direct investment" projects.
Regional center projects refer to initiatives endorsed and approved by U.S. Citizenship and Immigration Services (USCIS)-designated regional centers, which qualify for EB-5 investment immigration applications.
Regional center projects are currently the most popular type of EB-5 investment immigration projects, accounting for an estimated over 95% of all projects available on the market.
These projects are managed by the regional centers, and EB-5 investors do not participate directly in their daily operation or management.
Currently, the mainstream regional center projects on the market can be further divided into three subtypes:
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High-unemployment area projects
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Rural area projects
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Infrastructure projects
Infrastructure projects have a very limited quota of only 200 investment slots, and ready-made projects are extremely rare. Additionally, USCIS is still deliberating on several key issues regarding this project type.
High-unemployment area projects are the most widely available on the market at present, but it is estimated that the remaining visa slots for such projects are dwindling.
The number of rural area projects currently available for investment is relatively small. However, thanks to their comparatively higher visa quota allocation, rural area projects are expected to become the mainstream option for EB-5 investment in the future.
International student EB-5 investors typically obtain information about investment projects through three main channels:
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Direct outreach to regional centers: Leveraging their residency in the U.S., investors contact regional centers directly to obtain first-hand project information.
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Referrals from EB-5-savvy immigration attorneys: Investors secure reliable project leads through immigration lawyers who specialize in EB-5 cases.
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Promotions by domestic immigration agencies: In many cases, it is the students’ parents who become interested in or decide to invest in a project after seeing its Chinese-language promotional materials.
From identifying potential projects to making a final investment decision, investors have a great deal of due diligence to conduct, as investment projects involve a host of complex factors. Key considerations include:
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Market prospects: Evaluate whether the project has the potential to sustain operations or thrive in the long run.
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Capital structure: Analyze the ratio of the project sponsor’s equity, loans, and EB-5 capital to assess the sponsor’s financial strength.
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Financing structure: Clarify whether the investment is structured as debt or equity. Debt investment functions as a loan, while equity investment represents ownership of company shares.
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For debt investments: Review the fixed interest rate, principal repayment schedule, and the project’s repayment capacity. Also, confirm the priority of EB-5 investors in the repayment hierarchy—i.e., whether EB-5 capital will be repaid first in the event of project liquidation.
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For equity investments: Verify the equity shareholding ratio, the timeline and potential for profit returns, and the investment’s appreciation potential. Additionally, understand the exit strategy and profit distribution plan upon project completion, including the projected returns on appreciation or the expected recovery rate in case of losses.
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Project sponsor background: Investigate the credentials of both the EB-5 project’s actual operator and supervisor.
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Regional center due diligence: As the indispensable supervisor of an EB-5 project, verify the regional center’s USCIS designation status, track record of past projects (including success and failure rates), conditional and permanent green card approval statistics, capital repayment history, and the professional background of the regional center’s leadership.
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Project operator due diligence: The project operator is typically the initiator, manager, and borrower of the EB-5 funds—the party that actually utilizes the investment capital. Their project experience and credit history are critical to the project’s success. If an operator has a history of bankruptcy, investors should exercise caution, as there is a risk of recurrence.
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Job creation methodology: Examine the calculation model used to demonstrate the creation of 10 full-time jobs per EB-5 investor, ensuring that the job count meets USCIS requirements.
And the list goes on.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
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