Requirements
Are You Eligible
For The EB-5 VISA
Program?
EB-5 Program Requirements & Investment Eligibility
- $1,050,000 investment or $800,00 in a TEA (targeted employment area)
- Investment must be made in a for-profit U.S. commercial entity
- It must create at least 10 U.S. full-time jobs for 2 years
Are you a foreign investor interested in the EB-5 Visa Program?
If so, read on to understand the EB-5 Visa requirements below. If you’d prefer to speak with someone about the EB-5 Program, please contact My American Privilege online or by calling us at 281-565-1067 or click here to contact us via email.
After selecting a project and putting funds in escrow, EB-5 investors are eligible to submit their I-526 application for immigrant investor status to the USCIS. The three main categories of information submitted with an I-526 Application include Project Documentation, Personal Documentation, and Financial Documentation.
EB-5 Program Requirements
In 1990, under section 203(b) (5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b) (5), the United States Congress created the fifth employment-based preference (EB-5) immigrant visa category. To encourage immigration through the EB-5 program, Congress created a Regional Center Investment Program in 1993. The program specifically sets aside 10,000 visas annually for foreign investors who apply through a U.S. Citizen and Immigration Services (USCIS) designated Regional Center.
The EB-5 Program allows foreign nationals to invest in real estate while creating jobs, in order to receive their U.S. Visa. Those interested should understand EB-5 Program requirements before applying.
Annual Quota for the EB-5 Program
The EB-5 Program may not issue more than 10,000 visas per year, their annual maximum. Keep in mind that 3,000 of those visas are reserved for the Regional Center Pilot Program.
The USCIS has stated that up to the full 10,000 allotted visa slots may be used for Regional Center based visas if not used for Standard Program EB-5 visas.
1
Prove Qualified Investment
Demonstrate that a “qualified investment” is being made in a new commercial enterprise located within an approved Regional Center. The qualified investment must be:
- At least $1,050,000, or
- At least $800,000 within a designated Targeted Employment Area (TEA).
- Evidence that investor’s investment in the Regional Center will create at least 10 direct or indirect full-time jobs.
To qualify as a TEA, you will need to prove that the project is:
- Located within a metropolitan statistical area (MSA); and
- Located in an area that has experienced an average unemployment rate of 150% of the national average. Unemployment rate data can be found on the Bureau of Labor Statistics’ website.
Otherwise, you will need to prove that the project is within a rural location.
2
Prove Benefit to U.S. Economy and Job Creation
Demonstrate that the qualified investment will benefit the United States economy, and show, using reasonable methodologies, that 10 or more jobs are created either directly or indirectly by the new commercial enterprise through revenues generated from:
- increased exports;
- improved regional productivity;
- job creation; or
- increased domestic capital investment.
