The EB-5 Program | Elegibility & Requirements

To be a qualified investor through the EB-5 Visa Program, the following criteria must be met:

1)    The investor is required to invest $1 million unless the investment is made in a Targeted Employment Area (TEA).  If the investment is in a TEA, the investor may qualify for a lesser capital investment of $500,000.

2)    The EB-5 investment must demonstrate a benefit the United States economy by creating 10 full time U.S. based jobs.  If the EB-5 investment is through a Regional Center, the job creation requirement can utilize both direct and indirect job creation to prove they have met this requirement.

3)    The investor must demonstrate that their EB-5 investment capital is from legal sources.  The regulations prohibit the use of assets acquired, directly or indirectly, by unlawful means (such as criminal activities).  Documentation of the path of the funds will be required to meet the burden of establishing that the funds are the investor’s own funds.

4)    The EB-5 capital investment must be truly at risk and not simply a loan.  Guarantees of return of any capital are strictly prohibited, and if given, negate the ‘at risk’ requirement of the EB-5 law.