This classification is not for everyone. Based on recent estimates, investors born in China, Vietnam, and India will face the following wait times to obtain conditional permanent resident status, assuming they invested around the end of fiscal year 2018: 14 years for Chinese investors, 7.2 years for Vietnamese investors, and 5.7 years for Indian investors. For us, if you are from China or Vietnam, the EB-5 should be a last resort unless the investor is willing to wait a long time. Still, an EB-5 might still be a viable option if you are from India, including some who currently already have an EB-2 or EB-3 preference petition approved, depending on their EB-2 or EB-3 priority date. However, for every other qualifying country, the EB-5 can be a quick path forward. Therefore, if you have an option to obtain citizenship from a non-backlogged country, this process could work for you.
However, this is a highly scrutinized classification; therefore, it’s important to understand that for a direct investment, you must have a strong business need to invest in the U.S. In other words, you intend to actively engage in a U.S. business and have strong business reasons for doing so. Having only a strong personal desire to retain control of the investment funds without having a business need many not work. If you intend to spend most of your time in the U.S., have the knowledge of the business you want to be involved in, and understand the economics and dynamics of getting a new business off the ground, this path may be a good one for you. If not, we would look at investing in a Regional Center, which is a more passive way to invest.