EB-5 Visa Requirements: Investment Amount, Job Creation, Enterprise Type & More

Bradford H. Bernstein

This article was written and reviewed by Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., who has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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Bradford H. Bernstein

EB-5 Visa Requirements: Key Points

• To apply for an EB-5 visa, you must invest $1,050,000 in a U.S. business in an economically stable area or $800,000 in a rural or high-unemployment region
• Your investment must create or maintain at least 10 full-time, permanent jobs for qualifying U.S. workers
• You can make a direct investment in your own business or invest through a USCIS-approved Regional Center
• You must show that the money you invested was obtained through legal means

Want to get a Green Card through investment? You can apply for an EB-5 visa if you meet a few key requirements.

This guide breaks down the EB-5 visa requirements related to:

• Investment amount
• Job creation
• Investment path options
• Source of funds

EB-5 Visa Investment Amount Requirements

The first thing most individuals would like to know is the required investment amount.

You have two options to qualify for an EB-5 visa:

• To invest $1,050,000 in a U.S. business in major cities and economically stable regions where job creation is not critical. For example, you might decide to open:
  – A tech company in Los Angeles
  – A luxury retail store in Manhattan, New York City
  – A private medical practice in Santa Monica, California
  – A high-end restaurant in Miami Beach, Florida
• To invest $800,000 in a Targeted Employment Area (TEA), covering rural regions or areas with unemployment rates of at least 150% the national average. This may include investing in:
  – A wind farm project in rural Montana
  – A hotel renovation project in Cleveland, Ohio
  – A packaging facility in rural Mississippi
  – An agricultural venture in Appalachia, West Virginia

EB-5 Visa Job Creation Requirements

To be eligible for an EB-5 visa, you must prove that your investment will create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of your coming to the United States.

A qualifying job under the EB-5 Immigrant Investor Program is:

• Full-time: The employee works a minimum of 35 hours per week.
• Permanent: The employment period must be for at least two years. Seasonal and temporary employment are excluded.
• Executed by a U.S. worker: This may include a U.S. citizen, Green Card holder, or an immigrant who is authorized to work in the U.S.
• Direct job: The employee works directly for the business that received the EB-5 investment.
• Indirect job: The employee works outside the business. For example, if you have invested in a hotel project through a Regional Center and it leads to hiring construction workers, cleaners, or suppliers.

EB-5 Investment Path Requirements

To qualify for an EB-5 visa, you must make a direct investment or go through a Regional Center.

If you’re investing directly, you’re responsible for managing and supervising the business operations directly.

If you opt for a Regional Center investment, you’ll participate in projects managed by USCIS-approved regional centers. These are economic organizations approved by the  U.S. Citizenship and Immigration Services (USCIS) that manage big projects related to real estate, infrastructure, or manufacturing.

Using a Regional Center allows you to meet the job creation requirements and have a more hands-off role.

EB-5 Visa Enterprise Requirements

To qualify for an EB-5 visa, you must invest in a new commercial enterprise (NCE) that was established after November 29, 1990.

If it was formed earlier, you must purchase and reorganize it to form a new commercial enterprise or invest in expansion that increases the net worth or number of employees by 40%.

What is considered a new commercial enterprise? A for-profit legal business such as a sole proprietorship, limited or general partnership, holding company, joint venture, corporation, or business trust.

Lawful Source Of Funds Requirements

Another requirement for a visa under the EB-5 Immigrant Investor Program is to show that the capital investment for the business comes from lawful sources.

These can include:

• Employment earnings
• Business income
• Funds from the sale of property
• Gifts, if you can provide documentation and donor affidavit
• Inheritance
• Secured loans against owned assets

To prove the lawful origin of your investment, you can use bank and employment records, tax returns, and sale agreements.

For example, if you’re using money that came from the sale of a family-owned business, you should include the sale contract, tax filings, and document showing the amount was made via a traceable bank transaction.

EB-5 Visa Requirements: Key Takeaways

• Depending on the investment route you choose, you must invest different amounts: $1,050,000 in a standard area or $800,000 in a TEA.
• Your investment must create or keep 10+ full-time jobs for U.S. citizens or authorized workers within two years.
• Regional Centers allow you to meet job requirements while you are less involved in the day-to-day operations.
• You must prove that your investment funds are legal and traceable.

Need Help With Your Investor Visa? Contact Spar & Bernstein

Meeting so many requirements might seem overwhelming, you may want to seek legal advice.

With 60+ years of experience, including immigration for individuals and business immigration, The Law Offices of Spar & Bernstein have thousands of success stories, including EB-5 visa cases.

Our compassionate and knowledgeable team will:

• Help you find qualifying EB-5 projects
• Prepare evidence of lawful source of funds
• Prepare and file all necessary visa application documents
• Communicate with USCIS, Embassies, and Consulates on your behalf
• Help with any questions or concerns you might have

“The EB-5 visa is more than a business investment. It’s an investment in your and your loved ones’ future,” says Brad Bernstein, Managing Partner at Spar & Bernstein. “That’s why we put all our effort and knowledge into helping you make your dream come true.”

EB-5 Investor Visa Requirements: FAQs

Have more questions about the requirements for an EB-5 visa? Check the answers to commonly asked questions.

Can I use a loan for my EB-5 investment?

Yes, you can use a loan for an EB-5 visa investment. Make sure you provide documents to prove its lawful source.

Do I need a lawyer to apply for the EB-5 visa?

Having a lawyer is not mandatory if you’re applying for an EB-5 visa but it can increase your chances of a successful outcome. An experienced attorney like the ones at Spar & Bernstein will handle the complex documentation and represent you before USCIS and other institutions or agencies.

Can my family get Green Cards through my EB-5 investment?

Yes, your spouse and unmarried children under 21 are eligible for derivative Green Cards through your EB-5 investment.

Can I apply for the EB-5 visa if I’m already in the U.S on a different visa type?

Yes, if you’re already in the U.S. on a different visa, such as H-1B, L-1, or F-1, you can e concurrently file your EB-5 petition and an adjustment of status application To do that, file Form I-485, Application to Register Permanent Residence or Adjust Status and wait until a visa number is available. For more information about your options, talk to our team at Spar & Bernstein.