Investment Requirements

Foreign investors must meet specific United States Citizenship and Immigration (USCIS) requirements to obtain their permanent residency through the EB-5 visa program. In general, the investor must meet capital investment amount requirements, job creation requirements, and ensure that the business receiving the investment qualifies for the EB-5 program. EB-5 visa applicants, their spouse, and their children under 21 will obtain their permanent residency green card once all requirements have been successfully met and approved by the USCIS.

The EB-5 visa requires foreign investors to:

• Make a qualifying investment in a U.S. business of at least $1.05 million, or $800,000 for EB-5 projects located in a Target Employment Area (TEA)
• Ensure the investment leads to the creation of at least 10 full-time American jobs.
• Demonstrate that the invested funds are legally sourced.
• Place the investment “at risk,” meaning there is a possibility of gain or loss, similar to any business venture.

By meeting these conditions, applicants can obtain conditional Green Cards valid for two years, after which they can apply for the conditions to be removed and gain permanent residence status.

Foreign individuals interested in acquiring an EB-5 visa must make an investment in a for-profit commercial enterprise equal to $1,050,000 or more. Investments of at least $800,000 into a Targeted Employment Area (TEA) may also qualify. Investments may include cash and in some cases tangible assets that the investor owns or controls.

If an investor opts to invest in a TEA-designated project, it must be located in an area with unemployment exceeding 150% of the national unemployment rate, or a rural area located outside a metropolitan statistical area (MSA), with a population of 20,000 or less

Investors may also partner with a commercial business or EB-5 regional center working on a public infrastructure project. Government entities oversee these types of projects and contract with EB-5 regional centers and businesses to receive financing for maintenance, improvements, or new construction of public infrastructure.

USCIS will adjust the minimum investment requirements for the EB-5 program in accordance with the Consumer Price Index every five years. The next adjustment will become effective for new EB-5 applicants who submit an application on January 1, 2027, or afterward.

The EB-5 applicant’s investment must create 10 full-time jobs for the commercial business. If the applicant invests their money directly with an enterprise, the business is responsible for directly hiring 10 full-time qualifying employees.

For EB-5 applicants who invest within an EB-5 regional center, the business may directly or indirectly create 10 jobs. In the EB-5 context, indirect job creation refers to job creation in the broader community and supply chain as a result of the economic activity spurred by the EB-5 investment, rather than jobs directly created by the project itself. These ripple effects can include increased demand for goods and services, which supports additional hiring across related industries.

Applicants who invest in financially struggling businesses don’t need to create new jobs but must show the business maintains its current number of existing workers for at least two years after receiving money. USCIS defines qualifying troubled businesses as those with at least two years of operations and a net loss equal to at least 20% of the company’s net worth.

Qualifying employees include U.S. citizens and lawful permanent residents. Employees may also include individuals with immigration authorization to work, such as refugees and asylees. The immigrant investor and their immediate family members do not count toward the job creation requirements.

To be considered full-time, the employee must work at least 35 hours weekly. Some job-sharing arrangements, where two or more workers share a full-time role, may also count. Part-time work, seasonal positions, and temporary assignments won’t meet the job creation criteria.

Investors must prove that their capital comes from legitimate sources. This requirement typically involves providing tax returns, business records, bank statements, and documentation of any property sale or gifts. USCIS is strict about tracking the money trail, so compiling and organizing these materials early in the process is essential to avoid any delays.

USCIS excludes certain types of capital from meeting EB-5 investment requirements. Unacceptable investment sources include:

• Illegally obtained funds: Capital derived from criminal activities, such as money laundering, fraud, or corruption, does not qualify.
• Untraceable or undisclosed sources: Any portion of the investment that cannot be documented or verified as lawfully acquired is unacceptable.
• Funds from U.S. government-sanctioned sources: Capital originating from entities or individuals subject to U.S. sanctions (e.g., OFAC-designated persons) is prohibited.

Regarding loans:

• The Matter of Zhang clarified that borrowed money can still qualify as valid EB-5 capital so long as the loan is obtained lawfully and the investor is personally liable for repayment. The ruling eliminated strict requirements that the loan be secured solely by the investor’s personal assets; however, the investor must still demonstrate lawful sourcing of the loan proceeds and show that the investment is “at risk.”. Learn more about using unsecured loans for EB-5 investment.

The EB-5 program requires applicants to keep their money at risk. That means the investor must show proof of their capital and commitment to make a qualifying EB-5 investment subject to potential gains and losses. They can’t simply speculate about making an investment or show intent in entering the EB-5 program. Examples of an investment at risk include any of the following:

• Depositing money in a U.S. bank account for the commercial enterprise
• Buying assets exclusively for the use of a for-profit business and providing supporting invoices and receipts
• Transferring property from overseas to the commercial property. The applicant should provide statements indicating the property’s fair market value, such as insurance policies, and evidence it entered the U.S., such as U.S. Customs and Border Patrol documents.
• Purchase of shares of stock in a commercial enterprise. The shares must be free of any commitment from the business to repurchase them.
• A loan, mortgage, or other debt obtained by the investor for the business.

EB-5 visa applicants can either invest directly in a new commercial enterprise or indirectly through a USCIS-approved EB-5 regional center.

New Commercial Enterprises

• A new commercial enterprise (NCE) must be a lawful, for-profit entity established after November 29, 1990. This entity can be a corporation, limited or general partnership, sole proprietorship, business trust, or another form of privately or publicly owned business.
• Existing enterprises formed before November 29, 1990, may qualify if the investor’s capital leads to at least a 40% increase in the net worth or number of employees, or if a significant restructuring results in a substantially new business model.
• In direct EB-5 investments, investors typically play an active managerial or policy-making role and must demonstrate that their investment directly creates at least 10 full-time jobs for U.S. workers.

EB-5 Regional Centers

• Regional centers are USCIS-approved entities that pool capital from multiple investors for large-scale projects. By administering EB-5 projects, they can count indirect and induced job creation, offering a greater margin of flexibility in meeting the job creation requirement.
• Investing through a regional center can be advantageous because the investor often does not need to establish or manage the enterprise on a daily basis, reducing hands-on responsibilities. Nonetheless, the investor still needs to provide a lawful source of funds and ensure the project satisfies EB-5 criteria.

EB-5 applicants must submit additional evidence to support their application. The documentation must clearly identify the petitioner’s capital investment. In addition, the investment must go toward a commercial enterprise or regional center established in the U.S.

If the applicant plans to start a new U.S. business, they must provide evidence of its organizational standing as a U.S. company, such as articles of incorporation or a partnership agreement. New commercial companies must also receive state authorization to conduct business activities.

To support the EB-5 job creation requirements, the applicant can provide a business plan outlining how the investment will create 10 new roles over the next two years. The business plan should be clear-cut and show estimated hiring dates for the new employees. If the company has already hired workers to meet the EB-5 job creation requirements, the applicant can provide copies of the new employee’s Form I-9 or other similar records.

Who Is Eligible for the EB-5 Visa?

In principle, most foreign nationals are eligible for the EB-5 Program if they can meet the minimum investment amount, fulfill job creation requirements, and demonstrate a lawful source of funds. There are no language or educational requirements, and the investor’s spouse and unmarried children under 21 may be included on the same EB-5 petition, granting them conditional permanent resident status alongside the principal investor. However, the following factors can impact eligibility:

• Inadmissibility to the U.S.: Individuals subject to U.S. travel bans or prohibited from entering the country for any reason (e.g., criminal convictions, security concerns, prior immigration violations) may be ineligible for the EB-5 visa.
• Accredited Investor Status for Regional Center Investments: While not all EB-5 projects require accredited investor status, many regional center offerings are structured as private placements regulated by the U.S. Securities and Exchange Commission (SEC). An accredited investor typically has a net worth of over $1 million (excluding primary residence) or an annual income of at least $200,000 (or $300,000 jointly with a spouse) for the last two years, with a reasonable expectation of maintaining that income.
• Lawful Source and Availability of Funds: Investors must prove that their investment capital has been acquired legally and is readily available for the EB-5 project.
• Medical and Security Checks: All EB-5 applicants must undergo the standard U.S. immigrant visa medical exam and background checks to ensure admissibility under U.S. immigration law.

Before proceeding, prospective investors should consult with qualified legal and financial professionals to confirm that all eligibility requirements are met.

How Much Investment Is Needed for an EB-5 Visa?

The minimum investment to qualify for an EB-5 visa is $1,050,000 for projects located outside of TEAs, or $800,000 for projects within TEAs. Under current regulations, these thresholds are subject to adjustment every five years based on the Consumer Price Index (CPI) to account for inflation. The minimum qualifying EB-5 investment amounts will increase for applicants after January 1, 2027.

Is an Investment of $500,000 Sufficient for EB-5 Immigrant Visa?

No. The EB-5 visa program required a minimum investment of $1,000,000 for non-TEA projects and $500,000 for projects located in TEAs prior to March 15, 2022. However, the EB-5 Reform and Integrity Act of 2022 increased the minimum investment requirements to $1,050,000 for non-TEA projects and $800,000 for TEA projects for all new applications as of March 15, 2022, or later.

Is an EB-5 Green Card Worth It?

Many investors find the EB-5 Program valuable if they wish to permanently live, work, or retire in the United States. Besides providing a direct path to a Green Card for the investor, it also extends residency to immediate family members (spouse and unmarried children under 21). Whether or not the program is worth it depends on your personal situation and objectives.