EB-5 Reform & Integrity Act of 2022

On March 15, 2022 the United States enacted the EB-5 Reform and Integrity Act of 2022 (RIA) . It now provides a 5-year reauthorization of the Regional Center Program with substantial changes, long anticipated by the EB-5 industry and its stakeholders. Some Highlights:

The 2022 Act preserves the eligibility of all prior investors as of the time they filed their I-526 for both I-526 and I-829 adjudications;
For all new filings, the reduced investment in a Targeted Employment Area (TEA) is $800,000 plus administration fees and investors may be eligible for set aside visas, not dependent on any backlogs that may exist from their home country. If a project is not located in a valid TEA, the investment increases by $250,000 to $1,050,000. Either option is subject to adjustment for inflation every five years;
Post RIA Investors may be eligible for reserved visas each year: 20% for rural TEAs, 10% for high unemployment TEAs, and 2% for infrastructure funding projects, thereby some investors from certain countries may avoid long wait times for non set-aside visas as issued prior to the RIA.
Investors and family already legally in the U.S. and eligible for a visa may concurrently file application for adjustment of status while awaiting adjudication of their I-526 petition, thus avoiding consular visa processing.
Generally all projects seeking 2 or more investors must now be sponsored by a Regional Center and the project application (I-956F) must be filed, but not approved before investor I-526s can be filed. Single investor projects do not need Regional Center Affiliation but can only count direct hired full time W-2 positions towards their required job creation of 10 new jobs in about 4 years.
The sustainment period for an investment is shortened to two years only, even if the investor has not yet become a conditional resident or even has not yet received I-526 adjudication. Pre RIA sustainment periods required a 2 year investment beginning only when the investor has become a conditional permanent resident.

For your Regional Center go to https://EB-5Quantum.com

IF YOU'RE IN DOUBT, CALL US NOW at (941) 346-1295 FOR FURTHER DETAILS.

5 Ways to Increase Your Construction Industry Jobs

USCIS will apply lnew RIA restrictions to take away about half of your calculated construction jobs before you even begin. Here are five ways we can help to get them all back.

1. Don't take on any EB-5 construction projects without a USCIS-designated Regional Center and a qualified Economist on your team. Since you'll likely sub out almost all of your work on a construction project, you'll not have enough jobs to support your investors if you only count your direct actual hires. While that might work for job intensive businesses such as restaurants, it won't work for your development project. As an affiliate of Quantum Investments, a USCIS approved Regional Center, your project is allowed to utilize approved econometric methodologies to calculate all the jobs your activities generate in the region rather than just counting your own jobs, so you end up with far more eligible jobs to support more EB-5 investors.

2. Major construction projects need to have a construction schedule that exceeds 24 months, otherwise some of your jobs will be regarded as "part time" and will not count towards your project's job creation. Plan your project around construction activities that will take 24 months or more. Pre-planning, permitting and zoning activities don't count. If your project is clearly much shorter, don't stretch it. See 3. below instead.

3. USCIS regards construction jobs largely as part time, hence ineligible for most EB-5 job creation, unless your project takes more than 24 months. Many projects just don't take that long, but we still want the jobs to support our investors. Careful planning and detailed capital expenditure budgets can help to separate non construction costs from the construction budget so we're left with the smallest possible actual construction budget and will lose the least number of jobs. Instead, much of your capital expenditure can be reallocated into alternate capital categories, which also create jobs, but which are not reduced, no matter how quickly you want to complete your project. UniSource also has an in-house Florida Building Contractor so we'll help you reallocate your costs towards the greatest job creation. You won't be put in the penalty box for having a quick turnaround project.

4. Don't forget that your project's ultimate revenues from sales, rentals, fees. leasing, commissions etc. can also create calculated jobs; often these can double the number of jobs from capital expenditures alone. Prepare detailed profit and loss projections so the Economist can apply the most favorable conditions for job creation. And, if your project is short, you'll start to earn those revenues and calculated jobs much sooner.

5. Use a qualified Economist with a track record of successful and approved EB-5 Economic Impact Analyses. The interpretation of job creation by USCIS is always changing and evolving. Only those familiar with the approved methodologies and with a track record of approved projects can help you create the greatest number of jobs to support your intended investors and ensure your project remains readily approvable.

For your Regional Center go to https://EB-5Quantum.com