A qualified foreign national must invest at minimum $500,000 into an EB-5 project in order to apply for U.S. conditional residency through the Regional Center Program.

An EB-5 project must be a new commercial enterprise (NCE) that creates 10 full-time permanent jobs for qualified U.S. workers. Although EB-5 investors can form their own new commercial enterprise, over 90% choose to invest in a regional center project.

A NCE is a for profit business created after November 29^, 1990. In certain cases, older troubled businesses may qualify if they are they are restructured or expanded. They can be structured as limited partnerships, sole proprietorship, corporations, or private businesses, to name a few.

The basic requirements of an EB-5 project include:

1. They are a new commercial enterprise
2. The NCE is a lawful, for profit business
3. The EB-5 investment made into the NCE will generate 10 full time jobs for qualified U.S. workers

What does not qualify as an EB-5 project:

1. The purchase of a personal residence
2. A NCE that only creates part-time jobs
3. Counting the EB-5 investor, spouse or children as part of the job creation requirements

There are EB-5 projects looking for investors in many different types of industries. There are only two limitations. The regional center must be able to operate in the industry their project is in and the project must create the requisite number of jobs. Certain industries are better at creating those jobs than others. A hotel, for instance, is a very popular type of project because of the easily quantifiable job creation. The other most popular industries for EB-5 projects include: condominiums, commercial and mixed-use spaces, restaurants, casinos, office buildings, sports and entertainment venues, healthcare facilities, manufacturing businesses, and vineyards or agriculture.

Once an investor finds a regional center and project that look viable, it’s important to have an EB-5 immigration attorney review all the agreements and assist with due diligence. Once completed, the attorney can file an investor’s I-526 Petition for a conditional green card. If approved, an EB-5 investor will receive a visa when one becomes available.

For more information about what an EB-5 project is, send us a message or fill out our free EB-5 Evaluation below.