One of the most alluring routes for foreigners, particularly Indian investors, looking to obtain a US Green Card through investment is the EB-5 Investor Visa Program USA. Making an EB-5 investment, however, is a big financial and immigration choice that needs careful consideration. Your finances and your immigration objectives may be jeopardized if you select the incorrect project or regional center.

These are the most crucial questions that any EB-5 investor should ask before investing money in a project in order to make a secure and knowledgeable choice.

What is the Regional Center’s Ownership Structure?

Inquire about the ownership or rental status of the regional center. Operating under rental licenses can make compliance and supervision more difficult for certain regional centers. Better accountability and long-term stability are frequently offered when working with a regional center that is directly owned and approved by USCIS.

Is the Regional Center Compliant with the New EB-5 Rules?

The United States implemented new rules for the EB-5 program in March 2022. Verifying that the regional center complies with these revised regulations is crucial to preventing legal or immigration-related issues.

Has USCIS Approved the Regional Center Under the New Rules?

In accordance with the updated EB-5 standards, always inquire as to whether the regional center has official USCIS approval. This guarantees authenticity and gives you peace of mind that your investment satisfies US government requirements.

Has USCIS Approved the Project?

If not, ask for information about the petition’s filing date and anticipated approval period. Keep in mind that your EB-5 petition cannot be filed if a project has not received USCIS approval yet, which could cause your green card application process to take longer.

What Is the Regional Center’s Track Record?

Examine the past accomplishments and success rate of the regional center’s projects. Verify whether prior investors have been approved for a Green Card and got financial returns; this shows dependability.

Who Are the Project Promoters and What Is Their Background?

Promoters are essential to the management of EB-5 initiatives. Make sure they possess the following:

• A thorough understanding of EB-5 laws and compliance.
• A solid background in the EB-5 sector;
• A track record of completed projects that have been successful;

How Is the Project Financed?

Request an unambiguous percentage breakdown of the funding sources, such as

• Bank loans
• Promoter equity
• EB-5 investor funds

A balanced financial plan lowers risks and shows how confident the promoter is in their own idea.

How Many Jobs Will Be Created per Investor?

To be eligible for a Green Card, each EB-5 investor must generate a minimum of ten employment. Make sure the project satisfies or surpasses this need with a strong and clear employment creation plan.

Who Is the Immigration Lawyer Handling the Project?

The proficiency of the immigration attorney frequently determines the outcome of your EB-5 petition. Verify that the project is being handled by a skilled lawyer with EB-5 filing experience.

Who Is the Economist for the EB-5 Project?

A skilled EB-5 economist guarantees that the project satisfies the criteria for creating jobs and offers precise economic effect analyses. Verify if the expert is well-regarded in the EB-5 sector.

Who Is the Securities Lawyer?

A securities lawyer must be involved to ensure compliance and safeguard your investment from any legal difficulties because EB-5 investments are subject to US securities law.

Who Will Manage the Escrow Account?

Your investment money is kept in the escrow account until certain project requirements are fulfilled, such USCIS permission or confirmed job creation. For optimal security and transparency, make sure this account is managed by a reputable third-party organization.

What Is the Refund Policy for Investors?

It’s important to know:

• If the petition is rejected, when will the investment be returned?
• Will there be a full or partial refund?
• Are there fees or penalties associated with refunds?

In the event that the project fails or your EB-5 petition is denied, a clear refund mechanism safeguards your financial interests.

Final Thoughts

Securing a Green Card is not the only goal of making an EB-5 investment in the USA; long-term success and capital protection are also important considerations. Investors can lower risks, increase trust in their selected project, and make well-informed judgments by posing these important questions.

It is strongly advised that Indian investors looking for a secure and open route to US immigration deal with a reputable regional center and an experienced US immigration attorney in India.

For individualized advice, contact our experts right now if you’re prepared to learn more about the EB-5 program and move closer to realizing your American Dream.