How Much Does An EB-5 Investment Cost?

WRITTEN BY

EB-5 Insider Team

A group of professionals with years of experience helping people immigrate to the US

Note: This article is for informational purposes only. We are not providing legal advice or selling securities. The articles and content on this site are of a general informational nature only and should not be relied upon for individual circumstances.

So, whether you’ve finally decided that EB-5 is your best immigration option or you are simply trying to understand the costs involved, you’ve come to the right place. We are happy to explain it to you.

Under the recently passed Reform and Integrity Act (RIA), the minimum investment amount is $800,000 for projects within a Targeted Employment Area (TEA) and $1,050,000 for non-TEA projects. Aside from the investment itself, you also need to pay additional fees either upfront or during the application process.

Part of the RIA includes increasing the minimum investment amount alongside inflation, though this is unlikely to go into effect before the program is renewed in 2027.

TEA is a designated geographic area in the United States that has been identified as having high unemployment or rural characteristics. The purpose of TEA designations is to promote economic growth and job creation in these areas through the EB-5 program.

You can find more information on what a Targeted Employment or TEA area is in our other article.

TEA projects are not inherently riskier than non-TEA projects, but it is important to understand every project and every investment carries risk. Therefore, you need to do your thorough due diligence on a project, whether it is Rural or High Unemployment Area (HUA) TEA or non-TEA.

Project suitability is a crucial part of the EB-5 process.

You can learn more about how to identify and review an EB-5 project by reviewing our project suitability article here.

The EB-5 investment amount needs to ultimately be paid in cash to the new commercial enterprise (NCE) and then utilized by the job-creating entity to satisfy EB-5 job requirements.

However, depending upon the project you select, some may offer you the ability to do partial funding, allowing you to file while showing your funds are “in transit,” meaning you can invest a smaller amount to begin the process. Ultimately, when USCIS is adjudicating the I-526E petition, the full investment amount will need to be invested into the project, otherwise, the petition will be denied.

Additional fees apart from the investment include regional center fees, immigration attorney fees, and filing fees with USCIS.

Regional Center Fees: ~$80,000

Regional center fees are paid to the regional center as a one-time upfront fee when you invest. The RC utilizes these fees to structure the project and cover costs for sourcing the deals and investors. These fees are typically around $80,000. Some projects may be willing to negotiate this amount depending on the regional center’s experience and where they are in the fundraising for the specific project.

Immigration Attorney Fees: $25,000-35,000

Immigration attorney fees are paid to an immigration attorney whose job is to petition USCIS on behalf of the investor to explain why this applicant should be approved for their EB-5 petition. Attorney fees typically range from $25,000 to $35,000 for the entire process. This fee is typically paid in stages, with a majority of the fee going towards the I-526E petition and compiling the source of funds (SOF).

You can learn more information on acceptable SOF in our guide.

USCIS Filing Fees: $20,000+

Filing fees to USCIS (as of April 2024) for filing an I-526E petition is $11,160, with I-829 fees currently at $9,525. If an investor is already in the US, they can concurrently file (I-485) alongside the I-526E petition, which costs $1,440. These fees may change based on the number of dependents within a petition, and there may be other fees paid to USCIS and an immigration attorney can give a more precise breakdown upon reviewing an individual’s situation, but this should give a good understanding of the rough cost associated with filing an EB-5 application with USCIS.

USCIS filing fees were just increased on April 1, 2024, and therefore are not likely to increase for another 1-2 years.

Fee Breakdown Example

Assuming you invest in a Rural TEA project or an HUA TEA project, here’s an example of fees you may incur:

Investment Amount:$800,000
Regional Center Fees:$80,000
Attorney Fees:$25,000-35,000
Filing Fees (I-526E)I-829$11,160$9,525
Total$900,000-$960,000

While these fees are a good rule of thumb to begin the process, it is important to understand that they will likely go up over time. You may incur additional fees depending on the number of dependents and whether you are concurrently filing.

Therefore, we suggest you set aside an additional $100,000-160,000 for fees in addition to the investment itself.

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Nikhil Kumar
Nikhil Kumar
1 year ago

These are very insightful and helpful, thank you so much. I have sent a detailed inquiry, as I would like to pursue an EB-5 investment for my family.