EB-5 Regional Center Program

The House of Representative has passed S. 3235, a bill to extend by three years the authorization of the EB-5 Regional Center Program. 

The Immigration and Nationality Act, section 203(b)(5) established a class of immigrant visas (EB-5) for individuals who invest either $500,000 or $1 million (depending on whether the investment is in a targeted employment area or not) in a new commercial enterprise located within the U.S. and who will create full-time employment for not fewer than 10 qualified employees.  There are two distinct EB-5 pathways for an alien investor to gain lawful permanent residence:

(1)  Basic Program and 

(2) Immigrant Investor Pilot Program.

It is important to note that the EB-5 requirements for an investor under the pilot program are essentially the same as in the basic EB-5 investor program except the Pilot Program provides for investments that are affiliated with an economic unit known as a “regional center.” 

Investments made through regional centers can take advantage of a more expansive concept of job creation, including both “indirect” and “direct” jobs.

The S. 3235 bill is now pending the President's signature.