The below is a general overview of the EB-5 requirements.
- The New Commercial Enterprise: An investor must show that an investment has been made in a qualified commercial enterprise.
To qualify as a New Commercial Business Enterprise you must meet the following criteria:
- You must invest, or be in the process of investing, at least $1,000,000, unless your investment is in a targeted employment area when the minimum is only $500,000. A Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.”
- It must benefit the US economy by providing goods or services to US markets.
- The investment must create full-time employment for at least 10 US workers (this includes US citizens, Lawful Permanent Residents and other individuals lawfully authorized to work in the US).
- You must be involved in the day-to-day management of the new business or directly manage it through creating business policy.
- Capitalization: To show that the petitioner has invested (or is actively in the process of investing) the required amount of investment funds, the petition must be accompanied by evidence that the petitioner has placed the required amount of capital “at risk.”
- Lawful Source of Funds: The foreign investor must have legally acquired his/her investment funds and must be in lawful immigration status if such funds are earned or acquired in the U.S.
- Employment Creation: The petitioning investor must show that his or her investment will create at least ten (10) full-time jobs.
Managerial Capacity of the Investor: An EB-5 immigrant investor must be involved in the management of the new commercial enterprise, either through day-to-day managerial control of the enterprise or as a limited partner.