The EB-5 visa program offers a pathway to permanent residency in the United States for foreign nationals who invest in U.S. businesses and create jobs for American workers. Understanding who is eligible for the EB-5 visa is important for those considering this investment option, especially given the associated EB 5 visa cost and requirements. Here’s a complete overview of the eligibility criteria for the EB-5 visa.
Investment requirements:
To be eligible for the EB-5 visa, an applicant must make a qualifying investment in a new commercial enterprise in the United States. The standard minimum investment amount is $1,000,000. However, if the investment is made in a targeted employment area (TEA)—an area with high unemployment or a rural area—the required minimum investment amount is reduced to $500,000. The investment must be at risk and used to create or preserve at least ten full-time jobs for U.S. workers.
Business ownership or participation:
The investment must be in a new commercial enterprise, which is defined as a for-profit entity formed for the ongoing conduct of lawful business. This enterprise must have been established after November 29, 1990, or be a troubled business that meets specific criteria. Applicants can invest directly in a business or through a regional center—a USCIS-approved organization that manages EB-5 investments. The investor must demonstrate involvement in the business’s operations or management, although direct management is not always required if investing through a regional center.
Proof of legal source of funds:
Applicants must prove that their investment funds come from a lawful source. This means demonstrating the legal origin of the money, whether it’s through earnings, gifts, loans, or other legal means. Detailed documentation, including bank statements, tax returns, and proof of transactions, is required to verify the source of funds. Failure to provide this evidence can result in the denial of the EB-5 application.
Personal suitability:
There are no specific personal or professional qualifications required for the EB-5 visa beyond financial capability and legal eligibility. However, applicants must not have any criminal history that would disqualify them from entering the United States. A background check is conducted as part of the application process to ensure the applicant is admissible.
Dependents:
Eligible applicants can include their spouse and unmarried children under the age of 21 in their application. This means that the primary applicant’s immediate family can also gain U.S. permanent residency through the EB-5 program. Each family member must meet the general admissibility criteria, but they do not need to make a separate investment.
