or invest around $ 100,000 in application, legal, and supporting document fees, leasing allows for quicker market entry and leaner budgeting.
It also reduces regulatory exposure. The RIA ' s expansion of compliance duties— including mandatory annual project audits and the specter of USCIS inspections— has raised the bar for operational standards. Many project sponsors would prefer to outsource these burdens to experienced regional center operators.
Still, leasing is not without tradeoffs. Developers must share control over investor reporting, compliance policies, and sometimes even branding. Revenue sharing is part of the bargain, and the terms of the agreement should be negotiated carefully.
A TAILORED APPROACH TO EB-5 STRATEGY The decision to lease or own a regional center is not one-size-fits-all. For developers committed to building a long-term EB-5 platform and who can absorb the upfront costs and regulatory risk, forming a new regional center may pay dividends down the line. These are typically developers with multiple future projects, deep pockets, and a strong desire for autonomy.
On the other hand, developers seeking a streamlined, lower-risk way to access EB-5 capital— especially those with immediate funding needs or limited experience in the space— may find that leasing is the smarter move.
A project’ s timeline, risk profile, available capital, and broader goals must all be considered in determining the right approach
Whether a developer opts to build a regional center from the ground up or to partner with an established platform, sound legal advice and compliance foresight are essential. In a regulatory environment where timelines shift and legislation remains fluid, flexibility and informed decision-making are the keys to success.
CLAUDIA REA JIMENEZ
Claudia Rea Jiménez is a Partner at David Hirson & Partners, LLP, with over ten years of experience in U. S. immigration law, focusing on investment-based visas( EB-5, E-2), business immigration, and family petitions. She is licensed in both the U. S. and Mexico and holds a Law Degree from Universidad de Guadalajara and an LL. M. from Georgia State University.
PROJECT TYPE |
RECOMMENDED STRATEGY |
DAVID HIRSON |
KARLA SAMAYOA |
Time‐sensitive, quick raise, single project
Multiple EB‐5 projects, long‐term platform plans
First‐time sponsors or limited compliance capacity
Lease – immediate filing and fewer delays
Own – control and future licensing potential.
Lease – outsource regulatory burden
WEIGHING THE OPTIONS In a complex and fast-evolving EB-5 landscape, there is no universally correct answer to the lease-vs-own question. Success depends on aligning strategy with circumstance. A project’ s timeline, risk profile, available capital, and broader goals must all be considered in determining the right approach.
David Hirson is the founding Partner of David Hirson & Partners, LLP, with over 40 years of experience in U. S. immigration law. He focuses on business and investment immigration, gaining international recognition for his expertise in EB-5. He is a certified immigration law specialist and has maintained an AV Preeminent rating from Martindale-Hubbell.
Karla Samayoa is the Chief Operating Officer at Hirson EB-5 Regional Centers, overseeing operations and strategic initiatives for clients seeking to raise capital through the EB-5 program.
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