Do You Qualify For The EB-5 Visa?

Requirements for the EB-5 Visa:

Investment in a commercial enterprise must have been established after November 29th, 1990. (Qualifying commercial enterprises established on or before November 29th, 1990, required that the purchased or existing business wasÂ restructured in a way that resulted in a new commercial enterprise or that the commercial enterprise was expanded through investment causing a 40% increase in net worth or number or employees.)

Qualifying Commercial Enterprises: Any for-profit business that conducts lawful practices:

Sole Proprietorship
Partnerships
Holding Companies
Joint Ventures
Corporations
Publicly or Privately Owned Business Trusts

What Does Not Qualify?

Any noncommercial business and owning a personal residence.
The sources of capital must be from lawful enterprises. USCIS reviews the legitimacy of funds. Unlawful sources of capital include criminal activity.

Job Creation Requirements: Create at least 10 full-time new jobs for qualifying U.S. workers in less than 2 years time.

Job Creation Requirements In Cities:

Direct Jobs: Create direct jobs where the qualifying employees work directly in the commercial enterprise property that the EB-5 investor has directly invested his or her capital.
Indirect Jobs: If the EB-5 investor’s commercial enterprise is affiliated with a regional center, he or she may calculate indirect job creation as a result of that affiliation.
Job Preservation: EB-5 investors may be credited with preserving jobs if he or she invests in a troubled business.

Investing In Troubled Businesses: These commercial enterprises must have been in business at least two years and have faced a net loss of at least 20% before EB-5 investor can invest in them.

Minimum Capital Investment: The minimum investment per EB-5 applicant is 1 million dollars. This is the minimum cash, inventory, equipment, and tangible property owned by the EB-5 investor. This capital cannot be borrowed. The EB-5 investor need not invest all the money at once, but it needs to be substantially invested by the 2 year mark.

Exceptions: The minimum investment required per EB-5 applicant in a high unemployment region or rural area is $500,000.

Qualifying for the EB-5 Visa requires proof of one of the following:

Provide Proof For Investment From Lawful Business
or Provide Proof For Investment Funds From Gifts
or Provide Proof For Investment Funds From Inheritance
or Provide Proof For Investment From Sale of Real Estate, Stocks, Business
or Provide Proof For Investment From Loans (Only loans that qualify are loans backed by EB-5 applicant’s assets.)