Created by the Immigration Act of 1990, the EB-5 immigrant investor category allows a person and his or her family members to obtain a green card by making a capital investment into the U.S. that creates or saves 10 U.S. jobs. The minimum capital investment is $900,000 if the investment is located in a rural or high unemployment area, otherwise known as a Targeted Employment Area ("TEA"). If the investment is not located in a TEA, the capital investment must be at least $1,800,000.

To encourage investment and immigration through the EB-5 category, congress created the EB-5 Regional Center program in 1992. The Regional Center program allows the investor to invest in a new commercial enterprise created by an investment sponsor instead of a self-directed job creating investment. Through a Regional Center, the new commercial enterprise is allowed to count direct and indirect job creation.

General Requirements
  • 1New Commercial Enterprise

    To qualify as an EB-5 investment, the investor must establish that the investment has been made into a qualified commercial enterprise.

  • 2Capital Investment

    The investor must provide evidence that he or she has invested, or in the process of investing, the required amount of capital. The investment must be “at-risk” without a guaranteed return of principal.

  • 3Legal Source of Capital

    The investor must have legally acquired or earned the capital invested, including being in legal immigration status if acquired or earned in the U.S.

  • 4Job Creation

    The investor, along with the investment sponsor, must prove that his or her investment will create or save at least 10 full-time jobs.

  • 5Management

    The investor must be involved or a member of the new commercial enterprise management. The participation could include day-to-day responsibilities or as a limited partner in a partnership.