Table of Contents
1. Minimum EB-5 Visa Investment Cost Requirement for 2024
2. Details of EB-5 Visa Cost + Additional costs
3. Reduced Investment in Rural Targeted Employment Areas (TEAs)
4. EB-5 Cost FAQs
5. EB-5 UPDATES
EB-5 Visa Cost and Fee Structure
The EB-5 Program is a U.S. immigration initiative that enables foreign investors to obtain a visa by making a qualifying investment in a U.S. business. This investment must meet specific capital requirements and generate a minimum of 10 jobs per investor to qualify for a Green Card.
The required investment amount for an EB-5 visa varies based on the project's location. If the EB-5 project is situated in a Targeted Employment Area (TEA), which includes rural areas or regions with high unemployment, the required investment amount is $800,000. For projects located outside of a TEA, investors must contribute $1,050,000.
In addition to the capital investment, investors are required to cover various fees. These fees include costs for Regional Center assistance, immigration attorney services, and the overall processing of their application by USCIS. Meeting these financial and procedural requirements is essential for successfully obtaining a Green Card through the EB-5 Program.
Minimum EB-5 Visa Investment
Cost Requirement for 2024 The minimum qualifying amount for an EB-5 investment depends on the project's location. For EB-5 projects situated within a Targeted Employment Area (TEA), the required investment amount is $800,000. Conversely, for projects outside of a TEA, investors must contribute $1,050,000 to secure a Green Card.
Cost Requirement for 2024 The minimum qualifying amount for an EB-5 investment depends on the project's location. For EB-5 projects situated within a Targeted Employment Area (TEA), the required investment amount is $800,000. Conversely, for projects outside of a TEA, investors must contribute $1,050,000 to secure a Green Card.
Project Investment
Additional EB-5 Costs #
| US Dollar / USD ($) | Indian Rupee / INR (₹) | Mexican Peso / MXN ($) | Brazilian Real / BRL (R$) | ||
|---|---|---|---|---|---|
| 1 | Project located in Targeted Employment Area (TEA) EB-5 Investment Amount | $800,000 | INR 6.67 CR | MXN 13,496,720 | R$ 1.612.116,80 |
| 1 | Project located outside of a Targeted Employment Area (Non-TEA) EB-5 Investment Amount | $1,050,000 | INR 87.67 CR | MXN 17,711,085 | R$ 2.115.903,30 |
(As of May 2024)
Additionally, here are six key aspects that every investor must know about their investment:
1.Every investment is required to be an ‘At-Risk’ investment in a U.S. commercial enterprise.
What this means:
There can be no guarantee on the return of capital invested as it would disqualify the investor from obtaining a permanent Green Card.
What this does not mean:
This does not imply that the EB-5 investment must be unnecessarily risky. At YDY CAPITAL, our philosophy revolves around being a Fiduciary for our investors. We prefer using a first position loan structure along with high-equity from well-capitalized developers that is subordinate to the EB-5 Loan to ensure security for our investors.For more information about our deal structuring, please feel free to contact us.
2. One EB-5 investment allows the main applicant, their spouse, and any unmarried children under age 21 to obtain permanent Green Cards.
3. Applying for an EB-5 Visa does not affect other ongoing forms of U.S. legal status (e.g., H1-B, F-1, B-1, etc.).
4. The investor does not receive any immediate immigration benefits after filing their I-526E Application. They are allowed to immigrate to the U.S only after receiving the approval of their I-526E Petition.
With YDY CAPITAL, you can benefit from faster processing depending on which YDY CAPITAL Project you invest in. We’ve received 100+ Approvals as of April 2024, averaging less than 6 months per approval. One of our recently closed Rural Projects (One&Only) secured I-526E Approvals in a record-breaking 30 days. Please feel free to reach out to us to know more about our Rural Projects.
5. The first EB-5 immigration benefit may come in the form of:
- If the investor is outside of the US when investing, a Conditional Green Card received approximately one to three years from the moment of application (application means filing an I-526E petition), OR
- An Employment Authorization Document (EAD) and Advanced Parole (AP) Travel Permit that can be obtained within months of application if the investor is in the US when applying, has a valid U.S. visa, and concurrently files an I-485 change of status along with their I-526E petition.
The timelines for obtaining a Conditional Green Card, EAD, and AP tend to vary and depend on two essential factors:
- Investor’s country of birth
- Investor’s current visa status in the U.S.
Details of EB-5 Visa Cost + Additional costs
Here’s a Breakdown of the USCIS fees and additional costs for your reference. The fees and costs are explained in more detail below.
EB-5 Fee Charged by USCIS
| US Dollar / USD ($) | Indian Rupee / INR (₹) | Mexican Peso / MXN ($) | Brazilian Real / BRL (R$) | ||
|---|---|---|---|---|---|
| 1 | Filing Form I-526E fee | Immigrant Petition | $3,675 + $1,000 RIA Fee | INR 3.68 Lac + INR 83.5K RIA Fee | MXN 62,031.06 + MXN 16,879.20 RIA Fee | R$ 7.408,91 + R$ 2.016,03 RIA Fee |
| 2 | Filing Form I-485 fee | Adjustment of Status | $1,140 | INR 95,000 | MXN 19,221.27 | R$ 5.787,32 |
| 3 | Filing Form I-829 fee | Removal of Conditions on Status | $3,750 | INR 3.13 Lac | MXN 63,227.85 | R$ 19.037,25 |
| 4 | Filing Form DS-260 fee | For investors outside U.S. | $325 | INR 27,000 | MXN 5,479.73 | R$ 1.649,89 |
| 5 | Individual Biometrics fee | $85 | INR 7,000 | MXN 1,433.16 | R$ 431,51 |
| US Dollar / USD ($) | Indian Rupee / INR (₹) | Mexican Peso / MXN ($) | Brazilian Real / BRL (R$) | ||
|---|---|---|---|---|---|
| 1 | Regional Center Admin fee | $80,000 | INR 6.67 CR | MXN 1,349,804 | R$ 4.061.28 |
| 2 | EB-5 Visa Immigration Attorney’s fees | $25,000 to $35,0000 | INR 20.87 Lac to INR 29.22 Lac | MXN 421,855 to MXN 590,597 | R$ 1.269.15 to R$ 1.776.81 |
# Note: Above figures as of April 2024. Fees and costs are subject to change. Attorney’s fees are typically paid in stages and are negotiated directly with the attorney.
1. Fee for filing Form I-526E | Immigrant Petition
1. Fee for filing Form I-526E | Immigrant Petition
2. Fee for filing Form I-485 | Adjustment of Status
EB-5 Green Card processing fee for filing Form I-485, which is the application to Register Permanent Residence or to Adjust Status, is $1,140.
3. Fee for filing Form I-829 | Removal of Conditions on Status
The fee for filing Form I-829, a Petition filed by the Investor to Remove Conditions on Permanent Resident Status for the primary applicant is $3,750.
4. Fee for filing Form DS-260 | For investors outside U.S.
Individuals outside of the U.S. must pay a per-person fee of $325 for filing Form DS-260, the electronic application for an Immigrant Visa. This excludes medical examination costs.
5. Individual Biometrics fee
Individual Biometrics fee for Regional Center investors is $85.
6. Regional Center Admin fee
The administrative fee charged by Regional Centers is $80,000. The cost may vary depending on the Project.
7. EB-5 Visa Immigration Attorney’s fee*
An EB-5 Visa Immigration Attorney can charge $25,000 to $35,000 for helping investors:
- File the Immigrant Petition:
- File the Green Card Application
- Organize the Source of Funds Report (essential for I-526/I-526E Approvals)
*Attorney’s fees are typically paid in stages and are negotiated directly with the attorney
EB-5 COST FAQS
Can EB-5 investors receive their capital back?
The primary goal of a typical EB-5 investor is to obtain a Green Card and eventually receive their investment principal back. Well-structured EB-5 offerings include a defined exit strategy, ensuring that investors are repaid in full, often with interest. The investment capital must remain invested, or 'at-risk', until the investor has completed their conditional residency. Failure to maintain the at-risk status can result in the Green Card not becoming permanent. However, 'at-risk' does not imply that the investment must be inherently risky.
1.Reduce investment risk as much as possible.
2.Create well over 10 jobs per investor to ensure each investor obtains a Green Card.
1.Reduce investment risk as much as possible.
2.Create well over 10 jobs per investor to ensure each investor obtains a Green Card.
What are the Capital Requirements for an EB-5 Investment?
The total costs for an EB-5 investment include:
- $800,000 principal investment ($1,050,000 in a Non-TEA Project)
- Administrative Fee (Typically 10% or $80,000)
- Attorney Fees (Typically $25,000-35,000 for the entire process)
- USCIS Fees ($4,675 for initial I-526E Petition, $3,750 for the I-829 Petition)
What sources of funds can be used to make the EB-5 Investment?
Proper documentation showing the source of funds for the entire $800,000 investment and administrative fee is critical. The funds for an EB-5 investment can come from anywhere in the world (including the U.S.) as long as they are legally sourced and can be traced back to their origin. Funds required for the investment may include, but are not limited to:
- Gifts
- Inheritance
- Property sale
- Loan against property
- Unsecured loans
- Accumulation of salary
- Earnings from business ownership
- Proceeds from sale/mortgage of real estate property
When will I get my EB-5 Investment money back?
The timing for the return of your EB-5 investment money depends on the specifics of the project and its success. Typically, in projects facilitated through regional centers, business plans include an exit strategy that outlines when and how investors might receive their principal investment back, potentially with interest. However, repayment is contingent on the project's success, economic conditions, and the specific terms of the investment.
While loan terms can vary, EB-5 investors generally anticipate repayment within a three-to-seven-year period. It’s important to note that, according to program rules, the investment must remain “at risk” in the project, and there can be no guarantee of repayment.
For more accurate and up-to-date information, it is advisable to consult with the regional center or project manager overseeing your investment.
How does the EB-5 Repayment Process work?
When investing in an EB-5 project, the method of repayment is determined by the agreement between the Project Developer and the New Commercial Enterprise (NCE), also known as the EB-5 Fund. The Developer typically repays the investment using various methods, including:
Cash Profits: Using the project's operating income to repay the investment.
Unit Sales: Selling units or properties within the project to generate repayment funds.
Sale of the Project: Selling a portion or the entirety of the project to repay investors.
Refinancing: Refinancing a portion or all of the project to generate the necessary funds for repayment.
Developers often have the flexibility to use one or a combination of these methods to ensure the repayment of EB-5 investors. The repayment is made to the NCE, which then distributes the funds back to the investors.
Choosing an NCE Manager separate from the Developer is crucial to avoid conflicts of interest. In cases where the Developer defaults on the loan, an independent NCE Manager can intervene and take control of the project, ensuring the protection of the EB-5 investors' financial interests.
When investing with a company like YDY CAPITAL, you can be assured that we are committed to acting as your fiduciary. This means our interests are aligned with yours, and our primary goal is to safeguard and protect your investment throughout the immigration process.
Cash Profits: Using the project's operating income to repay the investment.
Unit Sales: Selling units or properties within the project to generate repayment funds.
Sale of the Project: Selling a portion or the entirety of the project to repay investors.
Refinancing: Refinancing a portion or all of the project to generate the necessary funds for repayment.
Developers often have the flexibility to use one or a combination of these methods to ensure the repayment of EB-5 investors. The repayment is made to the NCE, which then distributes the funds back to the investors.
Choosing an NCE Manager separate from the Developer is crucial to avoid conflicts of interest. In cases where the Developer defaults on the loan, an independent NCE Manager can intervene and take control of the project, ensuring the protection of the EB-5 investors' financial interests.
When investing with a company like YDY CAPITAL, you can be assured that we are committed to acting as your fiduciary. This means our interests are aligned with yours, and our primary goal is to safeguard and protect your investment throughout the immigration process.
Is it necessary to hire an EB-5 immigration attorney to make my EB-5 investment?
Yes, it is necessary to hire a U.S. EB-5 immigration attorney for your EB-5 investment due to the complexity of the process. Experienced attorneys provide essential guidance, ensuring compliance with legal requirements and addressing potential challenges that may arise. They assist in completing the necessary Source of Funds (SOF) documentation to verify the legal origin of your investment funds. Additionally, they review project documents from an immigration perspective to ensure they meet all legal standards and requirements. Attorneys also prepare and submit the necessary immigration petitions to the United States Citizenship and Immigration Services (USCIS) on behalf of investors throughout the EB-5 process.
Given the intricacies of EB-5 law and the critical nature of supporting documents, engaging an experienced attorney is crucial for any investor, including those involved in a YDY CAPITAL project. Their expertise helps navigate the complexities and enhances the likelihood of a successful investment and immigration outcome.
What’s the process of making an EB-5 Investment?
When making an investment into an EB-5 project, the first step is to hire a U.S. immigration attorney. This attorney will verify the source of all your funds to ensure they were lawfully obtained. After compiling the necessary documentation for your source of funds, you will make the investment into the project of your choice. Your attorney will then file an I-526E Petition on your behalf.
If you are already in the U.S. with a valid visa at the time of filing your I-526E Petition, you can take advantage of Concurrent Filing. This allows you to obtain work authorization and a travel permit within a few months of filing your petition. This process ensures that your investment complies with all legal requirements and sets you on the path to obtaining your EB-5 visa.
What are the risks involved in an EB-5 investment?
What are the risks involved in an EB-5 investment?
EB-5 investments, while offering a pathway to a U.S. Green Card, come with inherent risks including potential capital loss due to project challenges and immigration risks tied to program criteria. Success relies on factors beyond an investor’s control, emphasizing the need for thorough research and understanding investment terms. Financial risk is notable as invested capital must stay “at risk” without guaranteed returns. Immigration success depends on Form I-526E Approval and detailed proof of job creation in Form I-829. Careful research and professional guidance are crucial for navigating these multifaceted risks in EB-5 investments.
