EB-5 Investor Visa in South Dakota in SD… | CGMIMM
Immigration · SD
EB-5 Investor Visa in South Dakota
South Dakota EB-5 investor visa requires $1.05M (or $800K in TEA) investment creating 10 full-time U.S. jobs — direct investment or through Regional Center. Reauthorized in 2022 with new integrity rules.
Published May 8, 2026
## EB-5 investor visa in South Dakota
The **EB-5 Immigrant Investor Program** offers green cards (eventually U.S. citizenship) to foreign nationals who invest substantial capital in U.S. businesses that create American jobs.
Reauthorized through September 2027 by the **EB-5 Reform and Integrity Act of 2022 (RIA)**.
## Investment thresholds (post-2022)
**Standard investment: $1,050,000**
**Targeted Employment Area (TEA) investment: $800,000**
**TEA designations:**
- **Rural area** (outside MSA, not adjacent to incorporated city/town with 20K+)
- **High-unemployment area** (150% of national average; specific census-tract analysis)
- **Infrastructure project** (specific federal/state/local project)
These thresholds adjust for inflation every 5 years (next adjustment around 2027).
## Job creation requirement
**Must create / preserve 10 full-time U.S. jobs:**
- For qualifying U.S. workers (citizens, LPRs, asylees, refugees)
- Not the investor or family
- Within 2 years of investor's conditional residence
- 35+ hours/week (full-time)
**Direct investment:** Direct W-2 jobs in business
**Regional Center:** Both direct AND indirect / induced jobs (via economic models)
## Two paths — direct vs Regional Center
**Direct investment:**
- Individual buys / starts business
- Active management role required
- Direct W-2 employees count
- Higher risk + responsibility
- Less common (5% of EB-5)
**Regional Center investment:**
- Pre-approved investment vehicle
- Limited partnership structure typical
- Passive investor role
- Indirect / induced jobs count via economic models
- Most popular (95% of EB-5)
- Quality of Regional Center matters enormously
## At-risk requirement
**Investment must be "at risk":**
- Subject to potential loss
- Cannot be guaranteed return
- Cannot be debt with collateral
- Active business activity
- No "redemption" rights for principal
## Source of funds — significant scrutiny
**Must document lawful source:**
- Earnings (W-2s, tax returns)
- Business profits (financial statements)
- Inheritance (probate documents)
- Gifts (donor's source documented)
- Loans (collateral, lawful source)
- Property sale proceeds
- Investment returns
**Documentation required:**
- 5 years of tax returns
- Bank records showing accumulation
- Business records
- Employment records
- Property documentation
- Translated where needed
**Source of funds is the #1 RFE / denial issue.**
## Process timeline
**1. Investment + I-526E petition:**
- Invest funds
- File I-526E with USCIS
- Currently 50+ months processing
- Reserved visa categories may be faster
**2. Conditional residence:**
- Approval grants 2-year conditional green card
- Adjust status (if in U.S.) or consular process
- Investor + spouse + unmarried children under 21
**3. I-829 to remove conditions:**
- File 90 days before 2-year anniversary
- Show jobs created + investment sustained
- Currently 50+ months for adjudication
- Conditional residence extended pending I-829
**4. Permanent residence + path to citizenship:**
- After I-829 approval, full LPR status
- 5 years to citizenship eligibility
- Standard naturalization process
## Total timeline: 7-10+ years
## Reserved visa categories (NEW under RIA)
**Set-asides for specific TEAs:**
- **20% rural areas**
- **10% high-unemployment areas**
- **2% infrastructure**
**Backlogs much shorter** for these reserved categories:
- Especially significant for Chinese / Indian investors (long backlogs in standard category)
- Rural set-aside particularly faster
- Effective workaround to country quotas
## Country backlogs
**Standard EB-5 has visa backlogs for:**
- China (10+ year wait)
- India (5+ year wait)
- Vietnam (smaller backlog)
**Reserved visas (RIA): no backlog yet** for any country in those categories. May change as more investors use them.
## Regional Center selection — critical
**Quality varies enormously:**
- Track record of project completion
- Track record of I-829 approvals
- Track record of return of capital
- Project economics + viability
- Operator experience + reputation
- USCIS designation history
- Lawsuits / fraud allegations
**Red flags:**
- Recently designated (no track record)
- Marketing-heavy / low substance
- Promised returns / guarantees
- High commissions to migration agents
- Connected to fraud history
**EB-5 history includes notable fraud cases** — due diligence essential.
## RIA integrity provisions (post-2022)
**New investor protections:**
- Annual fees + audits for Regional Centers
- Background checks for principals
- Securities law compliance
- Quarterly reports to investors
- Whistleblower protections
- Anti-fraud provisions
- Restrictions on TEA designations
- Reduced gerrymandering of TEA designations
## Family members
**Eligible to immigrate with investor:**
- Spouse
- Unmarried children under 21
**Children:**
- Age frozen at I-526E filing (CSPA)
- Children turning 21 may still qualify
- Marriage disqualifies
## Source of funds — common scenarios
**Salary accumulation:** Need pay records + tax returns + bank records
**Business profits:** Distributions + corporate financials + tax returns
**Property sale:** Original acquisition source + sale documentation
**Inheritance:** Probate / death certificate + decedent's source
**Gift:** Donor's source documented same as investor's
**Loan:** Collateral source + lender background
## Common reasons for denial
- **Source of funds inadequately documented**
- **Investment not at risk** (guarantees, redemption rights)
- **Job creation fails** at I-829 stage
- **Project not economically viable**
- **Material change** in project after I-526E approval
- **Regional Center decertified**
- **Investor failed to maintain investment**
- **Misrepresentations** in petition
## Costs beyond investment
**Typical EB-5 costs:**
- Investment ($800K-$1.05M)
- Regional Center fees ($50-75K typical)
- Immigration attorney ($30-50K typical)
- Securities counsel (sometimes)
- USCIS filing fees (~$20K total over process)
- Travel + adjustment costs
## Concurrent filing (NEW)
**RIA allows concurrent I-485 + I-526E filing:**
- Get work permit + travel doc faster
- Adjustment of status while I-526E pending
- Major improvement for investors already in U.S.
- Available only for those with current priority dates
## What you should do
If you're considering EB-5 from South Dakota (or globally for South Dakota investment): hire EXPERIENCED EB-5 immigration counsel — this is highly specialized. Get independent securities counsel for Regional Center diligence. Don't rely on Regional Center's own attorneys. Most South Dakota EB-5 attorneys offer flat-fee packages. Source-of-funds preparation is critical and time-consuming.
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*This guide is general information about U.S. federal immigration law as of mid-2026 and is not legal advice. EB-5 is highly technical + investment-grade decision. Talk to a licensed immigration attorney + securities counsel + investment advisor.*
This guide is for general information only and does not constitute legal advice. Laws change and outcomes depend on your specific situation — talk to a licensed attorney before acting on anything you read here.