Is the EB5 Program a Smart Choice for Opening Dental Clinics in Suburbs and Rural Areas?

Yes, the EB-5 Immigrant Investor Program can be a good option for opening dental clinics in suburban and rural areas, especially because the program offers incentives for investing in these locations, which are often designated as Targeted Employment Areas (TEAs).

Key Benefits for Suburban and Rural Dental Clinics

Investing in a new dental clinic in a qualifying suburban or rural area can be advantageous under the EB-5 program for a few reasons:

1. Lower Minimum Investment Amount

• TEA Investment: If the dental clinic is located in a Targeted Employment Area (TEA)—which includes rural areas or areas with high unemployment—the required minimum investment is $800,000.

• Non-TEA Investment: The minimum investment in a non-TEA area is higher, at $1,050,000.

• Rural Area Definition: A rural area is defined as any area outside a Metropolitan Statistical Area (MSA) or outside the boundary of any city or town having a population of 20,000 or more.

2. Job Creation Requirement

The EB-5 program's core requirement is to create or preserve at least 10 full-time jobs for qualified U.S. workers within a defined period.

• Direct Investment: If the foreign investor directly owns and operates the dental clinic, they must show the creation of 10 direct full-time jobs (W-2 employees of the clinic) per investor. A dental clinic with multiple dentists, hygienists, assistants, and administrative staff is certainly capable of meeting this requirement.

• Regional Center Investment: If the investment is made through a USCIS-approved Regional Center (which is a popular route), the project can count indirect and induced jobs (jobs created outside the clinic as a result of the clinic's economic activity) in addition to direct jobs, making the job creation requirement easier to meet.

3. Visa Set-Asides and Priority Processing

The EB-5 Reform and Integrity Act of 2022 introduced significant incentives for rural investments:

• Set-Aside Visas: A portion of the annual EB-5 visas is reserved (set aside) specifically for investors in rural areas. This set-aside can potentially mean a faster path to a green card for investors from countries currently facing a visa backlog.

• Priority Processing: Petitions for projects in rural TEAs may also be eligible for priority processing by U.S. Citizenship and Immigration Services (USCIS), which can speed up the overall application timeline.

The EB-5 program is complex and involves substantial financial and immigration risks, so investors should always consult with qualified immigration attorneys and financial professionals experienced in EB-5 matters before proceeding.