EB-5 Developer FAQs

Whether you’re exploring EB-5 funding for the first time or refining your next raise, these FAQs cover the most important points around structuring a clean, compliant, and investor-ready EB-5 offering.

TADE Consulting does not raise funds or sell securities. We support developers by helping structure the offering to align with EB-5 requirements, so you can build confidence with your investors.

What qualifies as an EB-5 eligible project?

Projects that can create at least 10 full-time U.S. jobs per investor and have a clear business model, realistic timelines, and legal compliance. TADE helps assess and structure projects to meet these standards and investor expectations.

How many jobs must I create per investor?

10 full-time jobs for each EB-5 investor, sustained for a minimum of two years. It is advisable to have a job creation buffer as well, meaning have more than 10 jobs per investor. TADE works with economists and attorneys to model and document job creation clearly.

Do I need a Regional Center?

Yes. TADE can help match you with a trusted Regional Center partner and help prepare your offering.

What is the minimum capital I should raise?

There’s no hard minimum, but most Regional Center offerings raise between $5M and $75M. The project must scale with both job creation and capital requirements.

How do I know if my project is in a TEA or rural area?

TEA (Targeted Employment Area) and rural status must be verified using USCIS guidelines, which look at job statistics and population density. TADE works with attorneys to confirm eligibility and help you qualify for the $800,000 investment level if possible.

What role does an economist play?

They create job creation models and impact reports required by USCIS. TADE works with vetted EB-5 economists to ensure compliance.

Do I need a securities attorney?

Yes. EB-5 involves U.S. securities laws. TADE collaborates with a legal team of trusted experts to draft compliant offering documents.

How long does it take to prepare an offering?

Typically 60–90 days with proper coordination. TADE handles business plans, economic analysis coordination, and investor-ready documentation.

Do I need to form a new company for EB-5?

Yes. EB-5 capital must flow into a New Commercial Enterprise (NCE). TADE helps you set up the right legal and financial structure so your offering meets immigration and investor requirements.

Can EB-5 funds be used for construction?

Yes, construction-heavy projects are common, especially in real estate. TADE helps map out the documentation of the timeline and job count needed for USCIS approval.

What documents do I need to raise EB-5 capital?

You’ll typically need a business plan, economic report, PPM (private placement memorandum), subscription and operating agreements, company formation docs, and an escrow structure.

What if I’ve never raised capital before?

TADE supports first-time issuers by managing everything from deal structure to team training and market entry strategy.

What reporting is required for investors?

Investors expect transparent job creation updates and compliance documentation. TADE helps you build clear reporting templates.

Can I still qualify if the project has already started?

Yes. If construction has started, you may still qualify by structuring a compliant strategy and proving job creation. TADE can help assess and structure your project accordingly.

What’s the difference between direct and RC models?

Direct EB-5 requires direct jobs and investor involvement. Regional Center (RC) models use indirect jobs and allow passive roles. TADE supports RC structuring only for developers, not clients.

Can I use bridge financing with EB-5?

Yes, if structured correctly and disclosed. We help you design bridge structures that won’t violate EB-5 rules.

What kind of returns do investors expect?

EB-5 investors typically expect low returns (0.25%–2% annually) in exchange for immigration benefits. TADE helps you design realistic investor expectations.

What are common structuring mistakes?

Overstating job creation, ignoring TEA requirements, unclear fund flow and inconsideration to investor expectations.

What does TADE help me with specifically?

Business plans, job creation logic, economic coordination, offering documents, Regional Center matchmaking, and investor readiness strategy.

Can I combine EB-5 with other funding sources?

Yes. Blended capital stacks are common.

How do I attract investors internationally?

By offering a well-structured, compliant, and clearly presented project. TADE ensures your offer package is compelling and clean.

What are escrow options for EB-5?

You may use release-on-approval or job-creation milestones. TADE works with escrow agents to help structure risk-mitigated options.

Can I raise for multiple projects under one NCE?

Yes, but it requires very sophisticated structuring.

Is there a standard project size that works best?

Projects between $10M and $50M tend to be most attractive. TADE helps you design a raise that fits your goals and the market.