The U.S. EB-5 investment immigration program is highly favored by domestic investors due to its lenient requirements and low investment threshold. However, the EB-5 project fraud cases that emerged in recent years have caused many prospective immigrants to have doubts. How high is the success rate of U.S. EB-5 investment immigration, and how can it be improved?
The EB-5 investment immigration application process is generally divided into three steps
1. The principal applicant submits an I-526 immigration petition to the California Service Center;
2. Once approved, the applicant may choose to apply for a two-year conditional green card or visa either by adjusting status within the United States (I-485: Adjustment of Status) or through the Consular Processing procedure abroad;
3. Before the two-year conditional green card expires, submit an I-829 petition to remove conditions and convert to a permanent green card.
Therefore, by paying close attention to the following aspects when selecting an EB-5 project, you can increase your success rate:
1. Whether there are sufficient employment opportunities
From the perspective of economic research, there are many economic models for calculating employment opportunities. In the field of EB-5, the most common are RIMS II and IMPLAN. Regardless of which employment model an EB-5 project uses, investors should confirm that the employment opportunities created by the project exceed the required number, as this is the only way to ensure the smooth approval of I-526 and I-829 petitions.
2. Regarding tenant-occupancy jobs
The employment analysis report can show the number of jobs created by a project, including how many are generated by construction expenditures, how many are generated by project operations, and how many are generated by subsequent tenant occupancy. If the 10 jobs required for each investor rely on tenant-occupancy jobs, it is necessary to understand clearly whether this employment report has been reviewed by the USCIS.
3. Project timeline and progress
When recruiting investors, EB-5 projects are at different stages and statuses of progress. Some projects have just started, some are already halfway through, and some may not have started at all. In general, projects that have already started have fewer uncertainties than those that have not. Large engineering projects, in particular, may be delayed for many reasons. An investor's conditional green card is only valid for two years, and the project must create employment opportunities within the validity period of the conditional green card to obtain I-829 approval. Projects that have already started have fewer uncertainties from this perspective at least.
4. Developer investment and background
The project developer, i.e., the borrower (taking loan-based projects as an example), and their investment in the project is also an important factor to consider. Generally speaking, if the developer also has a significant capital investment in the project, they are motivated to complete the project as soon as possible. Such projects feel much more reliable to investors than those where the developer relies entirely on EB-5 funds to complete the project.