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EB-5 Requirements

Nature of Investment

The foreign investor must make an investment in a for-profit, new commercial enterprise that results in the creation of at least ten new jobs for US workers. (In the alternative, the investment may be in a troubled business, as defined under 8 CFR 204.6(e), resulting in the preservation of at least ten jobs that would otherwise have been lost). The investment must be considered at-risk with no guarantee that the funds will be returned.
Amount of Investment:

The investment must be in one of the following amounts:

  • A minimum of five hundred thousand US dollars if the project will be located in an area that qualifies as a Targeted Employment Area, defined as a location whose unemployment rate is at least 150% of the national average rate, or a city or town with a population of less than 20,000 and not located within a Metropolitan Statistical Area; or
  • A minimum of one million US dollars if the project is not located in an a Targeted Employment Area.
  • Note that these amounts are effective through September 30, 2015.
Source of Funds:

The source of the immigrant investor’s capital investment must meet the following requirements:

  • All funds must have been obtained through lawful means and be traceable
  • If funds are obtained through relatives as gifts, the proper gift letter must be provided
  • If funds are obtained through inheritance, the proper documentation must be provided
  • If funds are the result of a real estate transaction, the proper documents including proof of ownership and a record of the sale and proceeds
  • If funds are the result of the investor’s income, the tax returns for the previous five years must be provide indicating the amount of income and taxes paid
  • If funds are from the sale of investments (stocks, bonds, mutual funds, etc.), the proper documentation must be provided showing ownership by the investor. and
  • If funds are the result of business activities, registration documents and financial statements for the previous five years must be provided.
Documents An Investor Will Typically Sign / Provide

  • Confidential Investor Suitability Questionnaire
  • Private Placement Memorandum
  • Subscription Agreement
  • Escrow Agreement
  • Waiver of Conflict Agreement
  • Consulting Agreement
  • Bank Statements and Transfer of Funds Confirmation from Investor's Bank

Please feel free to browse through the resources we have made available to learn more about the EB-5 program.

If you think EB-5 is the option for you, or if you want to explore alternative immigration options, you should schedule a consultation with us.

A consultation allows us to review all of the facts in your situation, after which we can present you with all of the options you have.

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