Basic Requirements for the EB-5 Visa: Investment and Job Creation

The EB-5 program offers a clear path to the possibility of legally immigrating to the U.S. through investment. However, for your application to succeed, you must thoroughly understand the entire process from the beginning.

Choosing the right EB-5 project: Regional centers or direct investment?

Although independent investments are allowed, most EB-5 visas (about 90-95%) are obtained by applicants who invest in projects sponsored by USCIS-designated Regional Centers. These R.C.s match EB-5 investors with pre-screened investment opportunities.

Meeting the EB-5 investment requirements

EB-5 investors must direct their capital toward a specific commercial enterprise that finances an EB-5 project. The main requirements are:

● Investment amount: The investor must make a minimum capital investment of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 outside TEAs.

● Business Enterprise: The investment must be made in a new business enterprise established after Nov. 29, 1990, or in an existing enterprise undergoing restructuring or expansion.

● Job Creation: It is important to know that the investor must plan to create or retain at least 10 full-time jobs for skilled U.S. workers within 2-years of the immigrant investor’s admission as a Conditional Permanent Resident.

● Lawful source of funds: you must demonstrate that the capital held is derived from lawful means.

Definition of new commercial enterprises

Existing business enterprises (NCEs) are for-profit organizations created after November 29, 1990. It is important to know that existing businesses may qualify if the EB-5 investment results in a 40% increase in employees or net worth or in the event of a fundamental restructuring.

It should be noted that these businesses may have various structures, such as sole proprietorships, trusts, partnerships, corporations, or other public or private business forms.

Conclusion

You should be aware that the requirements can be complex and subject to change, so it is advisable to receive specialized legal advice throughout the process. Want to relocate to the U.S. with your family? Our professionals will evaluate your EB-5 visa eligibility at no cost to help you understand the EB-5 visa program for general immigration purposes. Learn more here!