FINANCE

Understanding the Costs of the EB-5 Visa Program

Whether you’ve decided that the EB-5 Program is the best option for your immigration goals or you’re simply assessing the associated costs, you’ve come to the right place. Here’s a comprehensive overview of the expenses involved:

Investment Amounts

Under the recent Reform and Integrity Act (RIA), the minimum investment amounts are:

• $800,000 USD for projects within a Targeted Employment Area (TEA)
• $1,050,000 USD for projects outside of TEA

TEAs are designated areas in the U.S. with high unemployment or rural characteristics, aimed at encouraging economic growth and job creation in these regions.

Additional Fees

In addition to the investment amount, there are several other fees that you need to consider:

• Regional Center Fees: Approximately $80,000 USD. This one-time upfront fee is paid to the regional center, which uses it to structure the project and cover costs associated with deal sourcing and investor management. This fee can sometimes be negotiated, so don’t hesitate to ask for a discount.
• Immigration Attorney Fees: Typically $25,000 to $35,000 USD. These fees cover the attorney’s services in preparing and filing your petition with USCIS. This fee is generally paid in stages, with a significant portion allocated to preparing the I-526E petition and compiling the source of funds documentation.
• USCIS Filing Fees: As of April 2024:
  • I-526E Petition Fee: $11,160 USD
  • I-829 Petition Fee: $9,525 USD
  • I-485 (if filing concurrently while in the U.S.): $1,440 USD

These fees may vary depending on the number of dependents included in the petition and could be subject to changes. However, with the recent fee increase on April 1, 2024, it’s expected that these fees will remain stable for the next 1-2 years.

Investment Funding

The EB-5 investment must ultimately be paid in cash to the new commercial enterprise (NCE) and used by the job-creating entity to meet the EB-5 job creation requirements. Some projects may allow partial funding initially, enabling you to start the process with a smaller amount while showing that your funds are “in transit.” However, the full investment amount must be committed by the time USCIS adjudicates the I-526E petition, or the petition will be denied.

Example Fee Breakdown

For a Rural TEA or HUA TEA project, here’s a general example of the costs you may incur:

• Investment Amount: $800,000 USD
• Regional Center Fee: ~$80,000 USD
• Immigration Attorney Fee: $25,000 to $35,000 USD
• USCIS Filing Fees: $20,000+ USD

Total Estimated Costs: $925,000 to $1,035,000+ USD

Understanding these costs and planning accordingly will help you navigate the EB-5 program more effectively. Always consult with an immigration attorney to get a precise breakdown based on your specific situation.

Investment Amount:	$800,000
Regional Center Fees:	$80,000
Attorney Fees:	$25,000-35,000
Filing Fees (I-526E)I-829	$11,160$9,525
Total	$900,000-$960,000

While these fees are a good rule of thumb to begin the process, it is important to understand that they will likely go up over time. You may incur additional fees depending on the number of dependents and whether you are concurrently filing.

If you have any specific questions about how to meet these requirements, feel free to contact us.