EB-5 Visa Requirements
Please note that this website is Subject to USCIS Approval.
This is a Federal program, offering permanentresidency to citizens from outside the United States in return for their investment. The EB5 Visa program provides a practical opportunity to gain a Green Card for them and their family.
There are three basic requirements for an EB-5 visa:
- The applicant must have invested $1 million or $500,000 in regional center project.
- The business must create full-time employment for at least 10 US workers-
- It is required to document the legal acquisition your investment funds.
Investment Guidelines
Investment Amount:$500,000 for Designated Regional Centers
The investor must demonstrate that their $500,000 EB-5 Visa investment funds are from a legal source because the guidelines will not allow assets attained either directly or indirectly, by unlawful means (such as criminal activities).It is required to document the legal acquisition of the EB-5 Visa investment funds. A petitioner cannot establish the lawful source of funds merely by submitting bank
letters or statements documenting the deposit of funds. Without documentation of the path of the funds, the
petitioner cannot meet his burden of establishing that the funds are his own funds. Simply stating without supporting documentary evidence is not s
ufficient to meet the burden of proof.
In order to document the investment funds investors may need to:
Show a “pattern of income” to justify the EB-5 investment by providing income tax records from a period of time or savings and personal investment records.
For gifted funds the USCIS will may require information and track the source of the funds from the person who gave the gift.
For funds obtained by loan there may be greater scrutiny. The regulations expressly prohibit using loan money for EB-5 Visa purposes if the loan is obtained by using the new commercial enterprise as the security. Even if the loan is from a third party lender or the enterprise itself, the petition will be denied if the loan is secured by the new commercial enterprise.
The EB-5 Visa investment must be at risk The EB-5 Visa applicant’s capital investment must be truly at risk and not simply a loan. As the investor you are not guaranteed to receive any money. Be cautious of anyone that makes the claim you will be returned any part of your investment.
