EB-5 Visas

EB-5 Program – 5 Key Requirements

  1. New Commercial Enterprise. Foreign investor becomes owner of a U.S. company established after November 29, 1990. The company is called the New Commercial Enterprise.
  2. Lawful Funds. Foreign investors invest lawful and traceable capital in the New Commercial Enterprise.
  3. Minimum Investment. The investment satisfies the minimum investment requirement of either US$800,000 in Targeted Employment Areas or $1,050,000 everywhere else.
  4. Sustainment of the Investment. Foreign investors sustain their investment in the New Commercial Enterprise at-risk of profit or loss for the minimum sustainment period of at least 2 years (though it may be longer, depending on the details of each investment).
  5. Job Creation. Based on the investment, the New Commercial Enterprise creates at least 10 new full-time jobs for lawful U.S. workers.

These 5 key requirements are common to both the Regional Center EB-5 Program and the Direct Investment EB-5 Program.

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