The Relevance Of U.S. Securities Laws To Immigrant Investors, EB-5 Regional Centers And Their Advisors

The EB-5 employment-creation immigrant visa category, especially its more popular regional center pilot program, is on the rise as a favored form of U.S. immigration for wealthy foreign nationals. The EB-5 regional center program requires no labor market test to prove the unavailability of U.S. workers; no anchor relative in the United States to petition on the immigrant’s behalf; no claim of extraordinary or exceptional ability; no fear of persecution in the homeland; no business to manage directly on a day-to-day basis; or job to perform for a sponsor. The category instead allows conditional and permanent resident status by investing lawfully acquired funds (at least $500,000 within a rural area or one of high unemployment, or $1 million anywhere else) in a regional center approved by U.S. Citizenship and Immigration Services (USCIS). To qualify, each investor must directly or indirectly through the regional center create ten full-time jobs in the United States.