6 EB5 Visa Requirements You Need to Know About

By Michael Ashoori, Esq. U.S. Immigration Lawyer
Updated on April 24, 2023

If you are considering whether an EB5 visa is right for you, you should take some time to learn about the EB5 visa requirements.

The EB5 Visa provides investors and entrepreneurs an opportunity to get a green card, for themselves and their family, by investing in a U.S. business.

This can be a great immigration option for foreign investors if they can satisfy the EB5 requirements.

This article will cover all 6 key requirements for the EB5 visa.

If you have any questions, feel free to email me directly at Michael@AshooriLaw.com

Now lets get started . . .

As, I mentioned there are 6 EB5 visa requirements and these are the following:

1. Invest in a New Commercial Enterprise

2. Invest a Minimum of $1,800,000 (or $900,000 for TEAs)

3. Create 10 Full-Time Jobs for US Workers

4. Lawful Source of Funds

5. Funds Must be ‘At-Risk’

6. Engage in the Management of the New Commercial Enterprise

1. Invest in a New Commercial Enterprise

As an EB5 investor, you are required to invest in what is referred to as a “new commercial enterprise.”

A new commercial enterprise is a for-profit business, conducting lawful activities, that was formed after November 29, 1990.

For-profit means that the business’s purpose is to generate a profit. Non-profit businesses will not qualify.

If your business was formed on or before November 29, 1990 there are some exceptions that may allow the business to qualify as a new commercial enterprise.

One exception is if you increase the size of the business to the point where there is a 40% increase in the net worth of the business or if there is a 40% increase in the number of employees.

Another exception is if you substantially restructure or reorganize the business.

New commercial enterprises come in all forms.

As an investor, you have two options. You can make a direct investment or you can invest in a regional center.

There are 3 types of direct investments: you can purchase an existing business, invest in an existing business, or start a brand new business (all examples of direct investments).

You can also choose to invest in a large scale business entity known as a regional center.

Regional centers are business entities regulated by the United States Citizenship and Immigration Services (USCIS). Regional centers pool together funds from many EB5 investors to invest in a major development.

Each of these options has different pros and cons. The option you choose will be based on your particular business goals.

For example, if you want a lot of control over the business, you will probably choose to start your own business or purchase an existing business.

If you would rather have very little involvement in the business, you will probably choose to invest in a regional center. With regional centers, a managing member will handle all of the day-to-day management responsibilities.

2. Invest a Minimum of $1,800,000 (or $900,000 if Investment is in TEA)

As an EB5 investor you are required to invest a minimum of $1,800,000 in the new commercial enterprise.

This amount is reduced to $900,000 if you choose to invest in a targeted employment area.

Targeted employment areas are areas with an unemployment rate of at least 150% of the national average or rural areas.

Rural areas are defined by the Immigration and Nationality Act as areas not located within any metropolitan statistical area (MSA) and not located within any city or town with a population of 20,000 or more.

Because of how restrictive the rural area definition is, most TEAs are based on high unemployment.

Tip: As the rules currently stand, more areas than you think can qualify as TEAs. The current procedures for TEA designation allow attorneys to average the unemployment rate of multiple contiguous census tracts to achieve the required unemployment rate.

I know that this sounds confusing, but all you need to know is that through the process mentioned above, very prominent areas within Beverly Hills and Marina del Rey have qualified as TEAs.

If you plan on investing in a TEA, speak to an immigration attorney early so that they can help you determine if the area of your intended business will qualify.

3. Create 10 Full-Time Jobs for US Workers

Your investment must lead to the creation of 10 jobs. Specifically, you must create full-time jobs for “qualified workers.”

Full-time means that the employees must work at least 35 hours per week.

Qualified workers are US citizens, lawful permanent residents, or other immigrants that have the appropriate authorization to work for your company.

People in the United States in nonimmigrant status will not qualify for the job creation requirement.

Your children and spouse will not qualify for the job creation requirement.

Two part-time jobs do not count as one full-time jobs.

1 full-time job can be shared between 2 qualified workers.

Difference Between Direct Jobs and Indirect Jobs…

Another important part of the job creation requirement is to know what kinds of jobs count.

There are 2 types of jobs that may qualify for an EB5 visa:

1. Direct Jobs

2. Indirect Jobs

Direct Jobs

Direct jobs jobs are jobs actually created by the new commercial enterprise.

The new commercial enterprise must be the employer of the employee.

Example:

If the new commercial enterprise is a hotel, the direct jobs would be the hotel staff

Indirect and Induced Jobs

Indirect and Induced jobs are not created directly by the new commercial enterprise but are created as a result of the new commercial enterprise.

Example:

If the new commercial enterprise is a hotel, the jobs created by the hotels furniture supplier are indirect jobs.

The jobs created by the local stores, as a result of increased business brought by the new commercial enterprise, are induced jobs.

One of the big differences between regional centers and direct investments is that regional centers can count direct jobs, indirect jobs, and induced jobs.

Direct investments can only count the direct jobs created.

4. Lawful Source of Funds

The capital you use to invest in the new commercial enterprise must come from a lawful source.

This means that you must have earned the money lawfully (no illegal activity).

The investment capital can come from many different sources such as:

your accumulated savings over a long period of time

from selling a property

from selling your business

through inheritance

by receiving a gift

and many other ways

This is one of the most complex areas of the EB5 visa.

As an EB5 investor you must show USCIS exactly how you earned your funds. This process requires careful planning with your immigration lawyer.

You must also trace the path of funds.

This is a requirement within the source of funds that many people don’t think about.

By path of funds, I am referring to each step of the way from the time you receive the funds (or earlier), until the time the funds are deposited into the bank account of the new commercial enterprise.

Example:

Lets say your investment is coming from a the sale of a property that you own.

To Show the Source of Funds…

First, you will want to show how you acquired the means to purchase the property.

If its from employment earnings, you will want to provide your resume, a description of your job duties, your various degrees and professional credentials, and your tax returns for the past several years.

You will also want to provide the documents of the sale including the official purchase and sale agreement and a letter attesting to the terms of the sale.

To Show the Path of Funds…

First, you will include your bank statement immediately before the proceeds of the sale were deposited into your account.

Second, you will include a bank statement of your account immediately after the proceeds from the sale of the property enter your account.

Third, you will include bank statements immediately before and after the money is wired from your account to the bank account of the new commercial enterprise.

Fourth, you will include a receipt of the wire transfer order form.

Keep in mind: The above example is simplified to give you a general idea of the source and path of funds requirement.

There are many other documents that would need to be included in the above example depending on the details of the case.

If you are interested in planning out your source of funds, feel free to reach me directly at Michael@AshooriLaw.com.

I would be happy to give you more detailed information based on your specific situation.

5. Investment Funds Must be "At-Risk"

One of the most important requirements of the EB5 visa is that you must place your funds “at-risk” for the purpose of generating a profit.

To satisfy this requirement, your investment funds must be subject to total loss or gain.

You cannot show a mere “intent” to invest with no present commitment. You must show an “actual commitment” to investing the required amount of capital.

To meet the actual commitment standard, you can place your funds in an escrow account. You can make the disbursement of the funds conditional on the approval of you Form I-526 and subsequent visa issuance or successful adjustment of status.

You cannot be guaranteed a return on your investment. This would contradict the “at-risk” requirement as it would resemble a debt-arrangement as opposed to an actual investment.

You cannot have the right to demand a return of any portion of your investment or to redeem any portion of your investment in the new commercial enterprise.

Be Careful:

Look out for any projects that guarantee you any sort of return on your investment or promise you property of any kind.

For example, if the project guarantees you a portion of real estate or equipment owned by the business, that guarantee will directly conflict with the at-risk requirement.

The expected present value of what you are guaranteed will not count toward the amount you invested, when determining whether you satisfy the minimum investment amount.

Think about it, your investment funds aren't subject to total loss if you’re guaranteed a return in the form of money or assets.

A few more points regarding the ‘at-risk’ requirement:

Your investment funds cannot just sit in the business bank account as reserves.

The funds must have a nexus to job creation.

Your investment cannot resemble a debt arrangement.

You can still receive a return on your capital investment, as long as the return isn't a portion of your initial investment and wasn't guaranteed.

Through the at-risk requirement, USCIS put in place measures to ensure that you are committed to the success of the project.

By requiring you to place your investment capital at-risk, the government is creating a situation where you are likely to conduct the necessary research and due-diligence before investing in a project.

6. Engage in the Management of the New Commercial Enterprise

As an EB5 investor, you are required to engage in the management of the business.

You cannot just be a passive investor.

There are 2 ways to satisfy this requirement:

1. Handling the day to day managerial responsibilities; or

2. Exercising policy formulation

This requirement can be satisfied pretty easily.

You can prove that you have sufficient engagement in the management by providing a statement of your title within the new commercial enterprise, along with a description of your duties.

If the new commercial enterprise is structured as a corporation, you can prove sufficient management by providing evidence that you are a corporate officer or a member of the board of directors.

If the new commercial enterprise is a limited partnership, you can demonstrate sufficient management as a limited partner by showing that the limited partnership agreement provides you with the rights, powers, and duties normally granted to limited partners (such as voting rights).

Quick Recap:

The EB5 visa is a great option for foreign investors looking to immigrate to the United States.

If you are considering an EB5 visa, make sure that you are able to clearly satisfy all 6 requirements of the EB5 program.

In addition to reviewing the contents of this article, you should consult directly with an immigration attorney that handles EB5 cases.

Ashoori Law is a Los Angeles based immigration law firm that provides legal services including complete handling of EB5 visa petitions.

If you have any questions, I’m happy to answer them for you.

You can reach me directly via email at Michael@AshooriLaw.com

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Posted in Immigration Guides, EB5 Visa, Targeted Employment Area

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Yuka Kataoka

1677581194

Ashoori Law office assisted me in obtaining a re-entry permit for a green card holder. I had a free telephone consultation during which they explained the application process in detail, their fees, and their planned procedures. They assigned a... single point of contact who assisted me in filling out the application form, monitored the status and followed up with the immigration office when/if necessary. I felt that Ashoori Law had my best interest at heart and did everything they could to help me through the process. When my assigned contact person was out of the office (only once during this long process), someone else stepped in quickly to answer my questions. Their internal coordination worked seamlessly. If I have another immigration matter that requires a lawyer, I know I will reach out to Ashoori Law. I also recommend the Ashoori Law YouTube channel as it provides valuable information in a very timely manner.read more

Jadranka Dragic

1677524302

I got exelaint experience with Ashoori Law firm they advice us me and my now husband what to do how to apply for a green card and I received the green card after only a seven months.Ashoori Law firm is the one I recommend to anyone who has an... issue with the immigration or naturalization in USA.They are so professional and helpful.read more

Sebastian Duerr

1677128931

Michael and his colleagues are very skilled and knowledgable. Particularly Matthew is great. Although we needed to contact the operations team proactively, they do great work for us. Thank you for providing guidance through this complex process.

l am who I am - A Jamaican

1677019507

Thanks to Ashoori Law I have now gain aquire my change of status within a very short space of time.I have no reservation in recommending this Immigration Law Firm..You have indeed help to change my life and I know many more to come.

Donnie Ramlal

1677009911

The entire team at Ashoori law has done a fantastic job of securing our E2 status here in USA . Every step of the process was very transparent and professional. They have treated us like family at the same time and have helped us secure an... opportunity to live the American dream . Special thanks to Michael , Ehsan , Rebecca , Patricia and others who have worked on our case .If you are looking for a law firm to attend to all your immigration needs , no matter what your situation is , look no more . Rest assured Michael Ashoori law have your best interests at heart . It’s a one stop shop , they handle everything for you 💯 %read more

uanderson duarte

1677000716

Well experienced , reliable and fast team , Ashoori Law team guided me efficiently in getting me and my family E2 Visa.

Vlado Kolistrkoski

1676563057

My experience with Ashoori Law started when my younger son had an issue with his green card and it was solved really very professionally so my son recommended me Ashoori Law. So when I found the love of my life Ashoori Law was the firm help me out... with all the advice and finally resolved the issue with getting the green card for my now new wife and because of that I am very satisfied and recommend Ashoori Law as a great professional and friendly firm providing excellent service.Best regardsVlado Kolistrkoski.read more

saha kabgani

1676487618

So happy to have worked with this law firm, We obtained them for my E2 Visa. They are for responsive, helpful and my entire process went very smooth considering I was very afraid not having the knowledge of how to proceed. I definitely recommend... them as I have also dealt with a few different lawyers regarding similar matter and unfortunately I did not have as great result as I did with them.read more

KAY QIAO

1676013472

Probably the most efficient and professional attorney I've worked with. They answered my emails fast and in detail, so I always could get the answer that I was asking for. Highly recommend to anyone who need true support and professionalism.Thank... you so much.:)read more

Felix Evans

1675895179

Ashoori Law, is the best and most professional Legal firm I have done business with. They provide support, responds to queries promptly and most of all provide excellent service dealing with the issues. Excellent Immigration Legal Firm

Leila Rafiei

1675888317

Ashoori Law gave us the guidance and expertise we were looking for our E2 visa. Always supportive, extremely knowledgeable and very thorough. Ashoori team is the success factor that resulted in an approved visa!

Michelle M Kang

1675473942

I was very pleased with the work Ashoori Law did for me and am excited to take the next step moving forward in my journey to immigration to the U.S. My decision to work with Ashoori was one of the greatest things I have ever done in my entire life.... During the several months working with the firm, I learned a lot about the firm in addition to my first impression from the initial consultation. Ashoori Law is young, driven, positive, and passionate about helping others achieve their goals and dreams in their lives. They have a keen eye for finding out what you have whether big or small and have the knowledge and skills that turn it into a success. If your chances of success in your immigration journey are 10%, they won’t give up and lead you somewhere you are fully qualified and successful. Of course, you have to be cooperative to make that happen. For example, your honesty, sincerity, determination, professional attitude, communication, etc. will matter all the way to your success. I believe that Ashoori Law has great potential to continue to grow and serve diverse clients from around the world.read more

Adeel ad

1675369694

I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Matthew and... Business professional team were outstanding. Matthew and Kimberly also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements .read more

Ani Mikirdichian

1675115376

Ashoori Law has been a great partner throughout our immigration process. They have made this whole experience very easy and have answered all of our questions along the way. We highly recommend Ashoori Law and can not thank them enough!!

Ruth Ngakae

1675111500

Hello everyone,I wish to testify that Ashoori law firm is the right place for all kind of immigration issues,I personally have the best experience of my life being one of their client.The Ashoori law firm took me all the way from the beginning of my... case till date,the lawyers are so kind and very respectful,patient and understanding,they respond to your calls and reply your emails giving you update of your case and all what is needed to be done,they filled all my paperwork,sent to me to check and sent back to them for any corrections and gave me that warm assurance,as I am talking to you right now, my case has been approved,I am so grateful to God and the Ashoori law firm who sacrificed their time for me till this very moment,I am based in Georgia and they are based in California so bear in mind that distance is not a barrier,please hurry up and call Michael Ashoori and colleagues in any immigration case you have been battling with and then tomorrow you will definitely come here and testify your victory as I am doing now,My sincere big thank you to God Almighty who linked me to Ashoori law firm who has put a beautiful smile on my face and my entire family,Long live Ashoori law firm and God bless y’all 👍🙏🙏🙏🙏🙏🙏read more

Ever Zalazar

1675095317

Ashoori Law handled my working permit application professionally. Their staff is very professional. Since day one, I contacted them; I knew my process would have a positive outcome. During the whole process, I always received the support of the... team, any conference call to follow up was on time, and the information satisfied my questions. I'm delighted to have chosen Ashoori law.read more

Sahan Kaushal (Kawwa)

1675059855

I feel really happy that I have processed my Re-Entry Permit with Ashoori Law. They have been great, very responsive and professional. I would recommend 'Ashoori Law' to any one who is in need of anything related to immigration.I am highly... satisfied with their service. Thanks 'Ashoori Law'.read more

Shota Leladze

1674871442

The team is helpful! I've have the answers on all of my questions I've ever asked to them!

Leah H

1674833566

Our Texas based Endurance Horse Racing company was just approved for our E2 Visa along with our three essential employees yesterday at the Toronto Consulate. I wanted to thank Ashoori Law and their team for such excellent and professional care they... took for our family and business. We had a very unique case with an unusual business type, complicated investment, and three essential employees all being applied for at once. I have no regrets hiring their law firm to walk us through this process step by step ensuring that every t was crossed and I dotted along the way. We placed our lives in their hands, and they truly took care of us. I HIGHLY recommend their services to anyone looking to obtain an E2 status. A special thank you to their team member Christina who always replied promptly and thoroughly to all my questions, taking the time to really understand the uniqueness of our situation and having never met anyone on their team, really making us feel cared for and important.read more

Abdulakim Abrahim

1674829940

Please help me I am from Ethiopia thanks

1674746245

I recommend this law firm to anyone looking for US immigration lawyer. The attorneys has tons of knowledge and they know what they are doing. The information or advice they give you is 100% correct. Very professional staff. Our attorney Rebecca and... Business professional Elaine were outstanding. Rebecca also worked during the weekend or after hours to answer all our questions. I’ll definitely come back for future immigration requirements and will let friends and family know as well.read more

Anne Summanen

1674700602

My family and I got a successful E2 Visa with the help of Ashoori Law. They are well organized and have a system that get things done. With the help of a portal, it made it easy for us to keep on track and to follow our progress. Every one was... extremely professional. Thank you so much! Highly recommended!read more

Pragadeesh Suresh Babu

1674687597

Had a great experience with Ashoori law after I was recommended to them by a colleague. They were very professional and answered all my questions in a timely manner. Definitely recommend!

Antoni Matte

1674652577

With the help of Ashoori law and their team, our application went smoothly and we were able to get our visa.

Brahim Bougrayne

1674620459

Im a citizen from Belgium and has applied voor a E2 visa and thanks too Ashoori Law i have been approved!!His team did a great job, they help you step by step and always can you reach them by phone, email or whatsup!!Thanks Ashoori Law

Adriana HERNANDEZ BERMUDEZ

1674529670

Hello,My name is Adriana, I am from Colombia. I married my husband Edward who is an American citizen in Bogota Colombia in 2013. My husband moved to Bogota in 2015 until we decided in late 2022 it was time for me to apply for my USA Residency.... We started searching for Immigration Lawyers and came accross Michael Ashoori through a referral from EIN Express where I received my ITIN number. We emailed Ashoori Law and quickly received a reply explaining that a phone interview was required. The interviewer was ontime and very efficient in answering all our questions and concerns. We then decided to use Ashoori Law. A list of documents which were needed were sent to us, keep in mind that if you do not provide these Documents in a timely manner Ashoori Law can not do their job to help you. We had one person ¨Zeser¨ from almost the very beginning to assist us with every concern or question until today he continues to answer questions. Ashoori Law office filed all the documents with USCIS in the first week of June, 2022 in January 2023 I received my United States Of America Employment Authorization Card. I sincerely recommend Ashoori Law not only for their excellent customer service but also for their efficient work.Thank You.Adriana Hernández Bermúdez.read more

Escheyder Acosta

1674504347

My company chose Ashoori Law to help me out in getting my work VISA to be able to move to the USA.At first, they send you a welcome email with all contacts and assigned lawyer. I think this is a nice touch so I can get familiar with the people... within the firm I can contact.I felt a little bit lost at first. They have their own sharepoint to upload files and fill out forms. However, after I had my first meeting with Lorianne (my lawyer) everything was cleared out.There was so many information to be gathered for my type of VISA. Lorianne was very helpful in giving us advise on the strategy to follow to present my case. Whole process to gather information took around 3-months.In the end, after one last meeting, we were able to have everything ready to submit. VISA was approved right away without any questions from the immigration department.This firm was great help during my process. I have only worked with Lorianne. However, judging by her response time and customer service, I think overall, it is a great firm for the process they helped me with.read more

Yoonmo Sang

1674433283

I've worked with Ashoori Law's lawyers on multiple occasions and had great outcomes always. In addition, the staff are very helpful and friendly. I would definitely recommend Ashoori Law for anyone.

Akash Giri

1674155687

I recently applied for a green card using the services of Ashoori Law firm. The firm's team are knowledgeable, professional, and attentive to every detail of my case. They helped me every step of the way and were able to answer any questions I had.... The communication was clear and very fast, making me very well -informed every step of the way. They are experts in the field and truly care about the clients. Highly recommended!!!read more

Raja Zulqarnain Haider

1673727230

We just had an E-2 approval from the U.S. consulate Islamabad Pakistan.We found this firm on the internet. When I read on their web page that they specialized in E2 visas, I send an email to Attorney Michael Ashoori for initial consulting. After a... brief phone conversation I was satisfiedThere is quite a lot of paper work involved and documents to be supplied. Our Attorney was Lahaina. She and her whole team prepared our case very efficiently.The best thing about this firm is they have friendly and helpful paralegals. And they have online portal where you can check your status anytime. Plus the whole team is available 24/7!We would definitely recommend using Ashoori lawread more

Phongmanas S

1673551512

Thank you so much everyone for your help. My O1 visa approved because of all your help and guidance and carefully looking on my evidence to submit with USCIS.This is a very good news of my life. It's proved that all my past work has qualify the... ability of myself to work in US.Thank you to all of you and Ashoori law team from the first day that we have talked so far.Regards,Tanread more

Lords Child 777

1673482463

Ashoori Law is the ABSOLUTE best law firm I have dealt with concerning Immigration and much more. Daniel Tierney Atty, is the most professional, intelligent, and courteous etc., Attorney I have communicated with. He is one of the main reasons I have... chose this law firm. This law group uses state of the art telecommunicating program where you are literally so informed and advised before, during, and after your calls with them. Their administration is fabulous as well. A to Z these people are the BEST! Try them and see for yourself.read more

Siranush Vardanyan

1673366640

My husband and I used Ashoori Law Services for our E2 Visa Application. Our case was a challenging one from the beginning but having assigned Rebecca as our attorney, the process started to move forward very smoothly. Rebecca is a highly... professional lawyer, who pays attention to every detail and follow up with every request even during her weekends. We successfully got approval of our case thanks to Rebecca's professionalism and dedication. I have already recommended Ashoori Law firm to some of my friends, who are looking for a professional legal support. We intend to continue working with Ashoori Firm in future as well.read more

Samantha Jacobs

1673240791

Michael and his team are phenomenal, their set up regarding information is an easy step by step guide. We worked with a lady named Rebecca, she was always available when we needed her, answered all our questions when we weren't sure, and definitely... took the stress out of filling an application, this is the second time we have used Ashoori lawyers and will defiantly continue using them in the future.read more

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Michael Ashoori, Esq.

President of Ashoori Law

I’m a U.S. immigration lawyer and I help families, professionals, investors, and entrepreneurs get visas, green cards, and citizenship to the United States.

Since starting my law firm, I’ve helped hundreds of people from all over the world with their immigration needs. I’m very passionate, hard-working, and committed to my clients.

Got a question? Send me an email.

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