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EB-5 Global Ventures Blog articles

Issues that an investor should consider when deciding to invest through direct investment or through a Regional Center

Regional Centers are institutions that allow immigrant-investors to invest through a fund that is used to sponsor an EB-5 project. In contrast, a direct investment requires the immigrant-investor to directly invest in his or her own business In both cases, it is the immigrant-investor’s responsibility to ensure that investment is put towards a sound business or project.

Deciding between those two types of EB-5 investments can be confusing. The following questions and answers provide the immigrant-investor with initial guidance:

What is the future of EB-5 Immigrant Visa?

EB-5 stakeholders have been waiting with baited breath for what lies ahead for the EB-5 Regional Center Visa Program after it was set to terminate on December 11, 2015. After actively discussing the EB5 visa program for the last six months, Congress, surprisingly, passed an Omnibus bill on December 15, 2015 to extend the program to September 30, 2016 without making any significant changes to the program.

EB-5 money should be “at risk” – what does it mean?

One of the main requirements of the EB-5 Visa Investor Program is that an investor’s capital should be invested in an enterprise wherein the capital is “at risk.”  As per program regulations, an investor has to present evidence that his capital is, or is in the process of being, placed “at risk,” not that he or she is planning to do it at some point in the future.  Prospective plans to place capital at risk will not be sufficient.

How Can an Investor Avoid EB-5 Fraud?

The EB-5 Regional Center program has helped foreign investors to immigrate to the United States, created work places for local residents, and helped US economy grow.  Unfortunately, however, not all project developers are acting in a “good faith.”  There have been many documented cases in which EB-5 investors have received false information and unfounded promises from managers of Regional Centers (RCs), and there are virtually no remedies available to investors who are victimized by these fraudulent enterprises. 

How the changes planned for EB5 Investor Visa Program will affect investors

Ever since Congress passed a temporary extension of the EB5 Investor Visa Program on September 30, 2015 allowing the program to continue to run until December 11, 2015, there has been speculation regarding the possibility of significant reforms to the program.  Since its first implementation in early 1990’s, the program has been reauthorized six times, each time without any major changes.  What should we expect this time?