EB5 Visa Basic Requirements

Visa EB5 is designed for those foreign investors who want to get a permanent residency in America by investing in American business. Any foreign investor who plans to move to the USA via visa EB5 investment program must meet specific requirements. There are two main requirements to be eligible for a Green Card:

(1) A foreign national must invest a required amount in an American business entity

(2) He must create or preserve ten permanent full-time jobs for American workers.

Source of Funds and Investment Amount

The EB5 Visa Program has specific requirements on the source of funds. The purpose is to ensure that (1) the applicant to the EB5 Visa is the legal owner of the funds to be invested, and (2) the applicant got them by lawful means. In other words, it is about a track record of how the applicant earned money and that he did not do anything illegal (no criminal activities of any kind). In addition, to be qualified for an EB5 visa, the foreigner must invest the necessary amount (1) in a new commercial enterprise, and (2) it should be an “at-risk” investment.

When launching the EB5 Program in 1990, a foreign citizen was required to invest $1,000,000 if invested directly, or $500,000  via a Regional Development Center in the Targeted Employment Area (TEA). However, in 2019 the US government adopted a new Regulation, increasing the required amount to $1,800,000 and $900,000 correspondingly. It happened because, since 1990, when the EB5 Program started, the investment amount has never been adjusted for inflation.

In June 2021, a federal court vacated the Regulation of 2019, and as a result, former requirements were supposed to be valid again until the US Congress adopted a new law on the EB5 Visa Program. Stating that by the end of 2021, Congress did not pass new legislation on the EB5 Program, USCIS makes clear that it “is reevaluating the decision to hold, or not act on, any pending petition or application” of this type. As a result, the EB5 turned out to be in limbo regarding new applications, waiting for a new comprehensive law to specify all the EB5 Program further details.

Job Creation Requirement and TEA

A foreign EB5 applicant must also create ten permanent full-time positions for US workers. It should be a new real business that would create ten full-time jobs in America. Frankly, it’s hard to develop ten new full-time jobs in practice. Regional Development Centers in Targeted Employment Area (TEA) offer a solution to this problem. Applicants going via such centers in TEA can reduce their investment amount in half and don’t have to deal with the requirement of creating ten full-time positions. Regional Development Centers address those issues and make obtaining EB5 Visa less expensive and easier for foreign investors.

At the same time, we need to note that Regional Development Centers are commercial enterprises and can not guarantee the safety of your investments. Under the EB5 Program, your investments are supposed to be “at-risk,” and Regional Development Centers bear no more responsibility than any other commercial entity. Get in touch with us, and we’ll help you research and evaluate the Regional Development Centers on your list to make an informed decision.

Note: The EB5 Program of investing through the Regional Center Program (Targeted Employment Area – TEA) expired on June 30, 2021. Starting from July 1, 2021, USCIS stopped accepting new applications for EB5 visas via Regional Center Program. The US Congress should pass a new law on the EB5 Program soon. Check our site for the update. We will keep you posted.

Additional Services

Besides helping you prepare and apply for EB5 Visa, we can provide many other additional legal services that you might need in the process of obtaining your EB5 Visa and Green Card. We are here for you with our advice and assistance on every step of your EB5 journey. So, get in touch with us to find out more.