Investment in EB-5 Program | Overview

The current guidelines require an investment amount of $1,000,000 unless the investment is in an established business in a Targeted Employment Area (TEA), which is defined as 150% of the national average unemployment, then the investment amount is $500,000. Investors can make investments on their own; create a qualifying business with other foreign investors and/or with U.S. citizens or other people not seeking classification as a foreign investor.

The investment must establish a new commercial enterprise.  Any for-profit entity formed for the ongoing conduct of lawful business may serve as a commercial enterprise. However, the term new commercial enterprise does not include noncommercial activity such as owning and operating a personal residence or buying stock on the stock exchange.

The USCIS will require validation that all capital investments are “at risk” with no guarantees being made by the project to the investor.  This is to confirm that the capital will actually be used for the purpose of creating jobs in the United States.

USCIS will require evidence that traces the investor’s capital from the investor directly to the investment project.  USCIS will also require evidence of the investor''s past five years of income tax returns and financial statements to prove the investor has sufficient lawful sources for the capital invested.  The investor may use gifted funds, provided the proper gift taxes are paid, if required by law.

The investor must create at least 10 full-time (minimum of 35 working hours per week) jobs.  The investor will be required to show proof that the required jobs have been created or that the required jobs will be created before the end of the two-year period of conditional residence.  If the investment is made in a troubled business,* the investor is not required to create 10 new jobs, but must show that the business will maintain the number of existing employees during the conditional status period.

*A troubled business is one that has been in existence for at least two years, has incurred a net loss during the 12 or 24 month period before the investor’s application was filed, and the loss for such period is equal to at least 20 percent of the business net worth before the loss.

Congress created a temporary Pilot Program in 1993, which allows for investors who make their investment through a designated "Regional Center," eligible to include direct and indirect jobs when calculating their 10 jobs.