There are 5 key requirements that must be satisfied for an investor to successfully participate in the EB-5 investor visa program:
$500,000 upfront investment in a new commercial enterprise
This includes proof that the investor (and, if applicable, their spouse and any unmarried children under the age of 21) is not a convicted criminal, has no history of financial fraud and has not previously violated U.S. immigration laws.
Investor must clearly document that the required funds ($500K EB-5 Investment plus $50K Administration Fee) are from a lawful source. Acceptable options include:
- Gifts from family members
- Accumulation of Income / Savings
- Earnings/Dividends from business
- Profits made from sale of real estate property
- Loans, properly collateralized
At the I-526 application stage, LCR must present a business plan and economic analysis with a high likelihood of creating at least ten full-time U.S. jobs.
At I-829 application stage, LCR must present proof that at least ten full-time U.S. jobs were created for each investor and that these jobs were sustained through the conditional residency period.
The investment must be “at risk” (i.e. fully invested in the project) throughout the adjudication of the investor’s I-829 petition.
Per U.S. law, the EB-5 investor cannot be offered any guaranteed return, on or of, capital nor possess any redemption rights on invested capital.