There are five key requirements for immigrant investors to successfully participate in the EB-5 program:
Minimum Capital Requirement
Capital requirements are:
$1,050,000 investment in a new business or project.
Over 98% of EB-5 investors invest in a Targeted Employment Area (TEA) through Regional Centers at the $800,000 level.
New U.S. Jobs Requirement
Create or preserve at least ten full-time jobs for American workers.
Background Check
Proof that investor is not a convicted criminal, no history of financial fraud or has not previously violated U.S. immigration laws.
Legally Sourced Investment
Can clearly document the funds required to make the investment are from a lawful source. Always consult with US immigration counsel on this topic for pre-planning, options and strategies. Acceptable options include, but are not limited to, the following:
Salary
Gifts of money from family & friends
Profits made from sale of real estate or other assets
Loan
At Risk Investment
Investment must be “At Risk” (i.e. fully invested in the project) for a period of no less than 5 years.
Per U.S. law, the EB-5 investor cannot be offered any guaranteed return on or of principal, nor possess any redemption rights on capital.