An investor must meet several requirements in order to qualify for the EB-5 program. Below is a summary of those requirements. There are other requirements for the EB-5 program that deal with each filing and what must be presented to the USCIS. Every EB-5 investor should hire an experienced EB-5 immigration attorney to ensure EB-5 regulations and law are followed in the submission of the EB-5 investor’s immigration petitions. For more information, please contact our EB-5 case managers.
Minimum EB-5 investment amount.
The EB-5 program requires the investor to invest a minimum of $1 million; however, if the investment is located in a Targeted Employment Area (TEA), which is a high unemployment area or a qualified rural area, then the EB-5 applicant may invest a reduced amount of $900,000. EB-5 defines a high unemployment area as 150% of the national average unemployment level. Historically, most CMB EB-5 partnerships have invested in TEA’s and qualified for the lower threshold investment. However, some have not been located in a TEA and required the higher investment.
The EB-5 investment must be at risk.
The EB-5 investor's capital investment must be "at risk." This means that the EB-5 investor cannot make a loan to the new commercial enterprise and there can be no redemption agreement that requires the new commercial enterprise to pay back the investor at a certain time. Any guarantee of the return of EB-5 capital investment will negate the “at risk” requirement of the EB-5 law and the investor’s petition will be denied.
The EB-5 investor’s funds must be from a lawful source.
The EB-5 investor must demonstrate that the capital is from a legal source. For example, the funds cannot be derived from a criminal enterprise. An investor may receive a gift of funds; however, the USCIS will require information and will track the source of the funds from the person who granted the gift. Loans are also credible source of funds, but the investment in the enterprise cannot be used as collateral or be pledged in any way, and the loan must be a “real” commercially viable loan.
The EB-5 investment must create ten new jobs.
The EB-5 investor's investment must result in the creation of 10 new American jobs. If the EB-5 investor is investing through a regional center, in addition to direct jobs, the EB-5 investor is allowed to count indirect and induced jobs created through the EB-5 investment, which can be proven using reasonable methodologies.