The EB-5 regional center program is the heavy lifter of the EB-5 visa category. Approximately 90% of all EB-5 visas that are issued each year are through an EB-5 regional center. One reason for this disparity is the view that regional centers require less commitment and concentration by the EB-5 visa holder. Additionally, the evidence required to obtain permanent residency through the EB-5 Visa is slightly different. For example, an individual EB-5 visa petitioner must show that the investment created ten U.S. worker positions. By contrast, a petitioner through an EB-5 regional center must show that the regional center indirectly created ten U.S. worker positions.
What is an indirectly created position? As a general matter, an indirectly created position is a position that is not necessarily employed by the EB-5 investment company. A more detailed explanation of whether a certain position would count requires an individualized analysis by an EB-5 visa lawyer. The term is constantly evolving. For example, until recently it was the immigration agency’s position that an indirectly created position had to be within a specified geographic area. However, after a Congressional inquiry and a reevaluation of the EB-5 statute and regulations, the immigration agency concluded that an indirectly created position need not be within a specific geographic area.
Many other restrictions and nuances exist. If you are contemplating immigration to the United States through an EB-5 visa, retain an EB-5 visa lawyer.