The program requirements for the EB-5 visa include investing a minimum of $800,000 in a new commercial enterprise and creating 10 full-time jobs for U.S. workers, and maintaining the investment for a minimum of two years.
Additionally, the investor must demonstrate that the investment funds were obtained through legal means, and they must be actively involved in the management of the enterprise.
The investor must also meet all eligibility requirements and obtain approval from the U.S. Citizenship and Immigration Services (USCIS) before being granted a visa.
The minimum investment of $800,000 pertains to investments made 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 capital must be invested and sustained “at risk” with a chance for either loss or gain for at least two years.
The investment capital must create or preserve at least 10 full-time qualifying employees.
Investments made into a NCE that is sponsored by 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 are counted as a fraction of the two years that these jobs lasted.
For single investor EB-5 investments, referred to as 'direct', only operational jobs employed by the NCE qualify.
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.