Knowing the EB-5 Visa Requirements Can Make or Break Your Application

EB-5 Visa Requirements Can Make or Break your Application

EB-5 Visa Requirements Can Make or Break your Application

If it’s always been your dream to immigrate to the United States, an EB-5 visa could be your perfect opportunity – provided you follow all the necessary requirements.


The EB-5 immigrant investor visa was created by Congress to make investing in the US an attractive prospect for potential immigrants, while at the same time creating jobs for American workers. Successful EB-5 investors would also be entitled to apply for a Green Card for US permanent residence.

It may sound appealing, but it’s not as easy as simply coughing up the money.

EB-5 Visa Requirements

Below, we’re going to look closer at the specific requirements you will need to fulfill in order to successfully submit your EB-5 visa application.

According to

“In general, the investor must meet capital investment amount requirements, job creation requirements, and ensure that the business receiving the investment qualifies for the EB-5 program.

EB-5 visa applicants, their spouse, and their children under 21 will obtain their permanent residency green card once all requirements have been successfully met and approved by the USCIS.”

The following requirements apply: 

  • You must establish a business in the United States, or invest in an existing business that was either created or restructured after November 1, 1990.
  • You must invest $1 million capital – or $500,000 in what’s known as a Targeted Employment Area (TEA)
  • Your investment must be put towards a for-profit US commercial entity
  • Your investment must create 10 full-time US jobs for a minimum of two years

Your EB-5 investment can be in the form of cash, cash equivalents, equipment, inventory, tangible property, or secured indebtedness and must be valuated based on the United Stated dollar fair market value.

Required Documentation

When applying for your EB-5 visa, you will also need to provide:

  • Partnership agreements, documents of incorporation, and organizational documents
  • A business plan
  • Evidence of lease agreements for the qualifying business
  • State business licenses (when applicable)
  • Evidence (such as bank statements) that the necessary required amount of capital has been transferred
  • Evidence that investment has resulted in the substantial increase of net worth (again, only if this applies)
  • Documentation that proves the source of the investment is legal and credible
  • Documentation of assets that have been purchased or transferred from abroad for the enterprise in question.
  • A statement of your position or job title, along with a description of duties for your active role in developing the enterprise
  • Evidence you are a corporate officer or a member of the board of corporate officers (if applicable)

Need Professional Legal Help to Immigrate to the US as an Investor?

The EB-5 visa is a great opportunity for investors to immigrate to the United States, but the process is anything but easy.  At Niren and Associates, we’ve helped countless investors through the complicated legal procedures, ensuring that all “t”s are crossed and all “i”s are dotted.  With over 17 years experience and over 50,000 satisfied clients, we know how to get results.

If you’re an investor who needs help with preparing your business plan and a smooth immigration experience, get a free assessment today, and let us help you do business in the US.

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

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