EB-5 Visas

5 Key Regulatory and Substantive Differences:

1. Sponsorship Required. The Regional Center EB-5 Program requires that the New Commercial Enterprise receive sponsorship from a USCIS-approved EB-5 Regional Center. Sponsorship must be verified by a written agreement.  This requirement does not apply to EB-5 Direct Investments.
2. Project Approval Application Required. A New Commercial Enterprise sponsored by a EB-5 Regional Center cannot accept foreign investors until the sponsoring EB-5 Regional Center has filed a project approval application with USCIS (known as Form I-956F Application for an Investment by a Commercial Enterprise). This requirement does not apply to EB-5 Direct Investments.
3. Government Reporting Required. EB-5 Regional Centers must comply with strict government reporting regarding securities law compliance, money management and accounting of fees. Those requirements do not apply to EB-5 Direct Investments.
4. Indirect Job Creation. A New Commercial Enterprise sponsored by an EB-5 Regional Center is allowed to determine job-creation using both direct job creation as well as indirect job-creation based on reasonable statistical methodologies.  EB-5 Direct Investments can only use direct job creation and are prohibited from relying on indirect job-creation.
5. Grouping of Investors. A New Commercial Enterprise sponsored by an EB-5 Regional Center is allowed to group together several EB-5 investors as part owners of the company. EB-5 Direct Investments can only accept one foreign investor for each New Commercial Enterprise.