The EB-5 visa program is open to citizens of a foreign country who can make the required investment. There are no restrictions regarding age, education, business experience, or language. As with other visa types, EB-5 investors their spouses, and unmarried children under 21 will have to undergo background checks and national security screenings.
Immigrant investors must be able to show a lawful source and path of the funds to be invested. For example, the investor must demonstrate that their assets were gained through lawful business, a salary, inheritance or other lawful means.
The minimum required investment amount is $900,000 but could be as high as $1,800,000 if the investment is not made in an approved Targeted Employment Area (TEA). (ICC has Open Projects at the $900,000 investment level). Investment levels may be adjusted for inflation (per the Consumer Price Index for All Urban Consumers, or CPI-U) every 5 years.
The investment must be made in a new commercial enterprise and create a minimum of 10 full-time jobs within 2 years U.S. workers.
ICC evaluates projects to ensure they meet the EB-5 capital investment requirements. Additionally, ICC does extensive analysis of a project’s potential to succeed and create the jobs within the two ear time frame. Learn More about the benefits of working with ICC.
Capital Investment Requirements
- Minimum qualifying investment of $1,800,000, reduced to $900,000 if investment is made in Targeted Employment Area (TEA)
- Investment capital cannot be borrowed
- Investment must be made in a new commercial enterprise
Job Creation Requirements
- Create or preserve 10+ full-time jobs within 2 years for U.S workers directly or indirectly as a result of the investment.
- Preserving jobs is only applicable for investments made in companies that have lost 20% net worth
Understanding EB-5 Program Terms
What is a Targeted Employment Area (TEA)?
An area where the rate of unemployment is 150% greater than the national average at the time of investment.
What constitutes Full-time employment?
Qualifying employees of the recipient company must be working over 35 hours per week to be considered full time.
Direct jobs – These are jobs which can be connected explicitly to the investment obtained through the EB-5 program.
Indirect jobs – This is a bonus of working with a regional center: jobs created as a byproduct of investment through a regional center can be counted as indirect job creation. This classification doesn’t exist outside of regional center EB-5 participation.
U.S. Workers – US citizens or those approved to work within the United States.
What is considered a commercial enterprise?
Businesses that create for-profit activity and lawful operation. These include:
- A sole proprietorship
- Partnership (whether limited or general)
- Holding company
- Joint venture
- Business trust or other entity, which may be publicly or privately owned
Holding companies and their subsidiaries do fall under this definition, assuming that each party is operating lawfully and is for-profit.
Owning and operating a home for personal use does not fall under this definition of a commercial enterprise.
New commercial enterprise, is:
- Established after Nov. 29, 1990
- Established on or before Nov. 29, 1990, but the business was purchased or acquired and re-formed constituting a new entity
- Established on or before Nov. 29, 1990, but the business grew by 40% in net worth or employees through the EB-5 investment
Additional USCIS EB-5 Visa Classification Information Available: Here