Immigration Legal Center – EB-5 Visas: Your Trusted Investor Visa Attorney

To qualify for an EB-5 Visa, applicants must meet several specific requirements. These requirements ensure that the investment benefits the U.S. economy and creates job opportunities for American workers. Our investor visa attorney will thoroughly go through all of the requirements with you, but here the detailed criteria for the EB-5 Visa for your reference:

1. Capital Investment Requirement
   • Minimum Investment Amount:
     • General Requirement: The standard minimum investment amount is $1.8 million.
     • Targeted Employment Area (TEA): If the investment is made in a TEA, which includes rural areas or areas with high unemployment, the minimum investment amount is reduced to $900,000.
   • Investment Types: The investment can be in cash, inventory, equipment, secured indebtedness, tangible property, or cash equivalents.
   • At Risk: The investment must be at risk, meaning there is no guarantee of return on the investment, to qualify under the EB-5 program.
2. Job Creation Requirement
   • Number of Jobs: The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or, under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
   • Full-Time Employment: A full-time job requires a minimum of 35 working hours per week.
   • Qualified Employees: Jobs created must be for U.S. citizens, permanent residents, or other immigrants authorized to work in the U.S., excluding the investor and their immediate family.
   • Direct vs. Indirect Jobs:
     • Direct Jobs: These are actual identifiable jobs for qualified employees within the commercial enterprise in which the EB-5 investor has directly invested.
     • Indirect Jobs: These are jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor.
3. New Commercial Enterprise Requirement
   • Definition: The investment must be in a new commercial enterprise. A commercial enterprise is any for-profit activity formed for the ongoing conduct of lawful business, including, but not limited to:
     • Sole proprietorships
     • Partnerships (limited or general)
     • Holding companies
     • Joint ventures
     • Corporations
     • Business trusts or other entities, which may be publicly or privately owned.
   • New Business: The enterprise must have been established after November 29, 1990, or it must be an existing business that has been restructured or expanded to result in a new commercial enterprise.
4. Management Requirement
   • Active Role: The EB-5 investor must be involved in the day-to-day management or policy formation of the business. This can be demonstrated by having a managerial position or being involved in the formulation of the business’s policy.
   • Limited Partnerships: In the case of a limited partnership, the investor must be involved in the management of the partnership as per the Uniform Limited Partnership Act.
5. Targeted Employment Area (TEA) Designation
   • Rural Area: An area not within a metropolitan statistical area (MSA) or the outer boundary of any city or town having a population of 20,000 or more.
   • High Unemployment Area: An area that has experienced an unemployment rate of at least 150% of the national average rate.
6. Source of Funds Requirement
   • Lawful Source: The investor must demonstrate that the investment capital was obtained through lawful means. This includes providing evidence such as tax returns, bank statements, business records, and other financial documents.
   • Tracing Funds: The funds must be traced to their origin to ensure they were obtained lawfully. This includes providing documentation on the path of the funds from the source to the investment.
7. Filing and Adjudication Process
   • Form I-526: The immigrant investor must file Form I-526, Immigrant Petition by Alien Investor, with USCIS to demonstrate that the investment meets all requirements.
   • Form I-829: To remove the conditions on their permanent residence, the investor must file Form I-829, Petition by Entrepreneur to Remove Conditions, within 90 days before the second anniversary of their admission to the U.S. as a conditional permanent resident.
8. Regional Center Program
   • Regional Centers: Investors may choose to invest in regional centers, which are designated by USCIS to promote economic growth. These centers pool investments from multiple investors for projects that can create indirect jobs in addition to direct jobs.
   • Indirect Job Creation: Investments made through regional centers can count indirect jobs created by the investment, which can be beneficial in meeting the job creation requirement.

By meeting these detailed requirements, investors can successfully navigate the EB-5 Visa process and contribute to economic development and job creation in the United States. At the Immigration Legal Center, our experienced investor visa attorney is here to guide you through each step of this complex process, ensuring that your application meets all necessary criteria.