$900,000 upfront investment in a new commercial enterprise
This includes proof that the investor (and, if applicable, their spouse and any unmarried children under the age of 21) is not a convicted criminal, has no history of financial fraud and has not previously violated U.S. immigration laws
Investor must clearly document that the required funds ($900K plus $50K Administration Fee) are from a lawful source. Acceptable options include: Gifts from family members Accumulation of Income/Savings Earnings/Dividends from business Profits made from sale of real estate property Loans, properly collateralized
The investment must be “at risk” (i.e. fully invested in the project) throughout the adjudication of the investor’s I-829 petition
Per U.S. law, the EB-5 investor cannot be offered any guaranteed return, on or of, capital nor possess any redemption rights on invested capital
At the I-526 application stage, LCR must present project documentation including PPM, business plan, and econometric report which is approved by the USCIS as EB-5 compliant.
At the I-829 application stage, LCR must present proof that at least ten full-time American jobs were created for each of the project’s EB-5 investors.
The EB-5 Program has lapsed. The US Congress is discussing the legislation that authorizes the program while USCIS reviews the regulations and policies for filing. Because of the recent court ruling that reversed the 2019 Modernization regulations, the investment level has shifted temporarily from $900,000 back to $500,000.
If the program is reauthorized before the regulations are updated, there may be another window of opportunity to file at $500,000.
LCR expects the program to be reauthorized before October 1, and continues to work with international families that want to explore alternative residency options.