EB-5 Regional Centers: What You Need to Know

The EB-5 Immigrant Investor Program offers foreign investors a pathway to U.S. permanent residency through strategic investments.

At the heart of this program are EB-5 regional centers. EB-5 regional centers serve as intermediaries between investors and projects, helping potential immigrants secure permanent residency through a qualifying investment. Today, more than 90% of EB-5 filings are done through EB-5 regional centers.

What Is an EB-5 Regional Center?

An EB-5 Regional Center is a USCIS-designated organization that sponsors capital investment projects for EB-5 investors. EB-5 regional centers are intermediaries between foreign investors and job-creating enterprises in the United States. They help facilitate and manage investments that qualify for the EB-5 Immigrant Investor Program.

Regional centers were introduced in 1992 as part of a pilot program to stimulate foreign investment in the U.S. economy. The legislative intent was to concentrate pooled investments in specific geographic areas to maximize their economic impact. This approach allows for more flexibility in the program job creation requirements, counting both direct and indirect jobs created by the investment.

The Role of EB-5 Regional Centers

A regional center can handle several key points of the application and investment process:

• Project development: EB-5 regional centers identify and develop EB-5-compliant projects. They conduct thorough due diligence to confirm that projects meet USCIS requirements for job creation and capital investment. This expertise significantly reduces the burden on individual investors and increases the likelihood of USCIS approval and project success.
• Fund management: EB-5 regional centers oversee the pooling and allocation of investor funds, providing professional management and reducing individual risk. They handle the hard parts of financing, such as fund disbursement, expense tracking, and financial reporting.
• Regulatory compliance: EB-5 regional centers help applicants confirm that they meet the complex EB-5 requirements, reducing the risk of application denials or delays.
• Investor support: EB-5 regional centers provide valuable assistance throughout the EB-5 process, from initial investment to obtaining permanent residence. They help with documentation, offer regular project updates, and act as a liaison between investors and USCIS.

Benefits of Investing Through an EB-5 Regional Center

Working with an EB-5 regional center can simplify the EB-5 application process and improve approval odds. Some of the biggest benefits are:

• Simplified management: EB-5 Regional centers’ passive investment options mean that investors don’t need to be involved in the day-to-day management of their investment. This is particularly helpful for those who may lack experience in U.S. business practices or specific industries.
• Indirect job creation: EB-5 Regional centers can count indirect and induced jobs towards the EB-5 program’s job creation requirement. Unlike direct investments, which must create 10 direct, full-time jobs, regional center projects can include jobs created indirectly as a result of the investment. This makes it considerably easier for investors to meet the job creation threshold.
• Diverse investment opportunities: EB-5 Regional centers offer all kinds of investment projects across different sectors. This diversity allows investors to choose projects that align with their interests and risk tolerance. Options may include real estate development, infrastructure projects, manufacturing facilities, technology startups, and more.

Choosing the Right EB-5 Regional Center

Choosing the right EB-5 regional center can make or break your EB-5 application. Here’s what you should consider:

• Track record: Look for EB-5 regional centers with a history of successful projects and satisfied investors. A proven track record of USCIS approvals and completed projects is a strong indicator of reliability.
• Management team: Evaluate the expertise and experience of the EB-5 regional center’s leadership. A team with diverse skills in real estate, finance, and immigration law can better navigate the complexities of EB-5 investments.
• Project success rate: Investigate the EB-5 regional center’s history of meeting job creation requirements and returning capital to investors.
• Transparency: Choose an EB-5 regional center that provides clear, regular communication about project progress and potential risks.

Risks Associated with EB-5 Regional Center Investments and How Behring Mitigates Them

While working with an EB-5 regional center offers numerous benefits, it’s essential to understand and prepare for potential risks. Here’s a breakdown of key risks and how Behring Regional Center addresses them:

Risk: Project Failure

Challenge: Economic downturns or mismanagement can lead to project failure, jeopardizing your investment and immigration status.

How Behring Mitigates Risk: Behring Regional Center employ rigorous project selection criteria and ongoing management to ensure that projects are financially sound and strategically aligned to minimize failure risks.

Risk: Application Denial

Challenge: Changes in immigration policies or failure to meet EB-5 requirements could hinder your ability to obtain permanent residency.

How Behring Mitigates Risk: Behring Regional Center’s team of EB-5 experts stays ahead of policy updates, ensuring all projects remain compliant with the latest EB-5 regulations to safeguard your application.

Risk: Job Creation Shortfalls

Challenge: If a project fails to create the required number of jobs, it could negatively impact your EB-5 application.

How Behring Mitigates Risk: Behring Regional Center projects use conservative job creation projections with a minimum 20% additional job creation buffer and continuously monitor job creation throughout the project lifecycle, ensuring compliance with USCIS requirements. Sufficient job creation is ensured through construction completion guarantees.

Risk: Market Volatility

Challenge: Fluctuations in market conditions, such as changes in interest rates or regional economic downturns, can impact the success of EB-5 projects.

How Behring Mitigates Risk: Behring Regional Center’s core investment strategy focuses on low-volatility asset classes, such as multifamily apartments, located in downtown urban cores near high-demand drivers like major employer hubs, educational institutions, and mass transit. This approach ensures stable demand, reduces exposure to market fluctuations, and enhances the long-term success of your investment.

Risk: Regional Center Termination

Challenge: USCIS can terminate a regional center’s designation for failing to meet program standards.

How Behring Mitigates Risk: Behring Regional Center maintains strict compliance with all USCIS regulations and have a proven track record of successful projects, minimizing the risk of termination.

Navigating the EB-5 Application Process Through an EB-5 Regional Center

Partnering with an EB-5 regional center can significantly simplify the application process, but understanding the key steps is essential for success. Here are the steps you can expect as you begin navigating the process:

1. Research Reputable Regional Centers: Begin by identifying EB-5 regional centers with a proven track record of successful projects, high approval rates, and transparent communication practices.
2. Select an EB-5-Compliant Investment Project: Choose an EB-5 project that aligns with your financial goals, risk tolerance, and interests. Consider factors like the project’s industry, location, and job creation potential.
3. Conduct Thorough Due Diligence: Evaluate the credibility and viability of both the EB-5 regional center and the investment project.
4. Engage with an EB-5 Immigration Attorney: Work closely with an immigration attorney with extensive EB-5 experience to compile and verify documentation proving the lawful source and path of your investment funds.
5. Collaborate with the Regional Center for Required Documents: Partner with your EB-5 regional center to gather and prepare all of the investment documentation needed for your application.
6. File Form I-526E with USCIS: Work with your immigration attorney to submit your Form I-526E to USCIS for review. This form demonstrates your investment in a qualifying project and its ability to create jobs.
7. Obtain Conditional Permanent Residency: Upon approval of your Form I-526E, work with your immigration attorney to apply for conditional permanent resident status.
8. Maintain Your Investment During the Required Period: Ensure your investment remains in the project for the duration of your mandated investment sustainment period.
9. File Form I-829 to Remove Conditions: 3 months before the end of your 2-year conditional residence period, file Form I-829 with USCIS to remove the conditions on your green card
10. Obtain Permanent Resident Status, File for Naturalization: Ater your I-829 petition is approved, the conditions will be removed from your conditional green card. 5 years from the date you received your conditional green card, assuming your I-829 application has been approved by this time, you are eligible to apply for U.S. citizenship.

Future of EB-5 Regional Centers

The EB-5 Reform and Integrity Act of 2022 (“RIA”) introduced significant changes to the EB-5 Regional Center Program, aiming to enhance its integrity and effectiveness. Key future changes impacting the program include:

1. Periodic Adjustment of Investment Amounts Tied to Inflation

The RIA mandates that the EB-5 minimum investment thresholds be adjusted every five years to account for inflation, with the first increase set to take place in 2027. The adjustments will be based on the Consumer Price Index (CPI), providing a standardized measure for inflation.

2. Enhanced Oversight and Compliance Measures

To strengthen the program’s integrity, the RIA introduced rigorous oversight mechanisms, including:

• Audits and Certifications: EB-5 regional centers are required to undergo audits and certify compliance with program requirements, ensuring transparency and adherence to USCIS regulations.
• Background Checks: Individuals involved in EB-5 regional centers must undergo background checks to prevent fraud and ensure the program’s integrity.

3. Reauthorization and Stability of the Regional Center Program

The RIA reauthorized the EB-5 Regional Center Program through September 30, 2026, providing more stability and predictability for EB-5 investors and stakeholders.

Getting Started on Your EB-5 Journey

The EB-5 Regional Center Program offers a reliable pathway to U.S. permanent residency, strengthened by recent legislative changes that enhance its transparency and integrity. But choosing the right EB-5 regional center and investment project remains crucial to navigating this journey successfully. Schedule a call with our team for expert guidance on understanding the EB-5 process and choosing the right investment opportunity for your goals.