EB-5 Program Requirements: Investment and job creation
The EB-5 program’s main investor requirements are that a qualifying capital investment is made and that the required jobs are created.
For all filings made after the passage of the EB-5 Reform and Integrity Act of 2022, the minimum investment is $800,000 in a Targeted Employment Area (TEA), either a rural or high-unemployment area, or in an infrastructure project. Otherwise, the minimum investment amount is $1,050,000.
The investment must be made in a new commercial enterprise (NCE), which is defined as a for-profit business or investment entity formed after November 29, 1990. If the NCE is established before this date, the investment must result in a 40% increase in the net worth or number of employees.
The investor must be able to demonstrate that the investment funds were obtained through lawful means.
The capital must be invested and sustained “at risk” with a chance for either loss or gain for at least two years.
The investor must be engaged in the management of the new commercial enterprise, either through the exercise of day-to-day management or, more passively, through the right to provide policy input.
The investment capital must create or preserve at least 10 full-time qualifying employees.
For direct or standalone EB-5 investments, only direct jobs may qualify. Direct jobs are operational jobs employed by the NCE.
For investments made with a regional center, direct jobs, indirect jobs (supplier industry), and induced jobs (those created by employee spending in the local economy) may be eligible.
However, indirect jobs may not count for more than 90% of the jobs, and no more than 75% of the eligible jobs may be created from the impacts of construction. Direct construction jobs lasting less than two years may be eligible as a fraction of the two years that these jobs lasted.