The Basic Eligibility Requirements for the EB-5 Visa

EB-5 Visa created for Immigration Purposes

The EB-5 Program, also known as the Immigrant Investor Program, is a U.S. immigration initiative designed to stimulate economic growth through foreign investment. Under this program, eligible investors can obtain permanent residency in the United States by making a significant investment in a qualifying commercial enterprise. The primary objective of the EB-5 Program is to create jobs and promote economic development in designated targeted employment areas (also known as TEAs) or rural areas.

Investors participating in the EB-5 Program commit to making a capital investment (see below for investment amounts) in a new commercial enterprise (NCE) or a troubled business with the intention of creating jobs for U.S. workers. In return for their investment, EB-5 visa holders have the opportunity to obtain lawful permanent residency in the United States, along with the freedom to live, work, and study anywhere in the country.

The EB-5 Program is available to visa seekers from all countries around the world¹, making it an attractive option for individuals seeking a pathway to immigration in the United States. For those interested in learning more about the EB-5 Program, we invite you to explore our article on ‘What is an EB-5 Visa‘.

EB-5 Visa Requirements

Embarking on the EB-5 visa journey requires understanding its fundamental eligibility criteria. Let’s delve into the essential requirements to qualify for this program.

Minimum Investment Amount

To qualify for the EB-5 visa, prospective investors must meet specific financial criteria, one of which is the investment amount. Individuals interested in participating in the program must commit to investing a minimum of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA. This financial requirement underscores the substantial nature of the investment necessary to participate in the EB-5 Program and contribute to job creation and economic development in the United States. Meeting this investment threshold is a crucial step towards obtaining permanent residency through the EB-5 Program.

Lawful Source and Path of Funds

To satisfy EB-5 visa requirements, applicants must provide documentation demonstrating the legal and traceable source of their investment funds. This documentation typically includes evidence of income, proceeds from property sales, inheritance, or gifts. These sources must be thoroughly documented to ensure compliance with U.S. immigration regulations and to establish the legitimacy of the investment. By meticulously documenting the source and path of their investment funds together with their immigration counsel, applicants can bolster their EB-5 visa application and demonstrate their commitment to lawful and transparent financial practices. For further insights on effectively documenting the source and path of funds for the EB-5 Program, we encourage readers to explore our comprehensive article on the topic.

At-Risk Investment

Investors seeking to participate in the EB-5 Program must ensure that their invested capital remains “at-risk” with no guaranteed financial return. Therefore, selecting an eligible EB-5 project sponsored by a regional center with a solid track record is an essential step of the EB-5 process. A reputable regional center should have a proven history of successful EB-5 projects, with documented evidence of job creation and compliance with U.S. immigration laws. Conducting thorough due diligence on regional centers with strong reputation for repaying investor capital and facilitating job creation needed for immigration purposes. For further guidance on conducting due diligence and selecting a trustworthy regional center, we recommend reading our comprehensive article on regional centers and EB-5 project due diligence.

Understanding the potential return on investment (ROI), job creation requirements and capital repayment timelines is crucial for investors. To delve deeper into these aspects and gain insights into the expected ROI for EB-5 investments and the timeline for capital repayment, we invite you to explore our detailed article on the subject. By equipping yourself with knowledge and conducting diligent research, you can make informed decisions and maximize the success of your EB-5 investment journey.

Job Creation Requirement

Under the EB-5 Program, investors are required to ensure that their investment leads to the creation or preservation of at least 10 permanent full-time jobs for qualifying U.S. workers within the time limits defined by the United States Citizenship and Immigration Services (USCIS). This job creation requirement is a fundamental aspect of the EB-5 Program, aimed at stimulating economic growth and employment opportunities in the United States. Investors must diligently adhere to USCIS guidelines and timelines to demonstrate their commitment to job creation and compliance with program requirements. By fulfilling this obligation, investors contribute to the development of local communities while achieving their immigration goals through the EB-5 Program.

Conditional Permanent Residency

Upon approval of their EB-5 visa applications, investors and their eligible family members are granted conditional green cards, marking the initial stage of their immigration journey. These conditional green cards afford investors and their eligible family members residency in the United States, allowing them to live, work, and study in the United States.

In order to remove the conditions on these green cards, investors and their invested capital must satisfy specific requirements, including meeting the job creation thresholds established by USCIS. Once these requirements are met, investors and their eligible family members can apply to remove the conditions on their green cards (namely an I-829 petition), enabling them to obtain an unrestricted permanent residency in the United States. This pivotal transition signifies the successful culmination of the EB-5 investment process and the attainment of long-term residency benefits for investors and their eligible family members. Explore our article for a detailed overview of the EB-5 process and timelines for removing the conditions on the green cards and obtaining permanent residency status.

Meeting the criteria outlined in this article is essential for investors seeking to qualify for the EB-5 Program. As the EB-5 process involves complex legal and financial considerations, investors are strongly encouraged to consult with their immigration attorney and financial advisors to navigate the intricacies of EB-5 visa eligibility effectively. With the guidance of experienced legal counsel, investors can confidently pursue their immigration goals and make informed decisions throughout the EB-5 investment journey.

¹ Subject to potential restrictions by the Department of State and Department of Treasury, such as OFAC.