To qualify for the EB-5 visa, an investor must:
- Evidence the lawful source of the funds used to invest in the enterprise
- Along with each family member (spouse, unmarried children <21), meet general admissibility requirements (criminal, security, medical, etc…). There is no requirement to have a sponsor, business experience, university education, or knowledge of English.
- Have sufficient capital to do one of the following:
- Invest in a project in an approved Regional Center
- Create an original business
- Purchase an existing business and simultaneously or subsequently restructure or reorganize the business such that a new commercial enterprise results
- Expand an existing business by 140 percent of the pre-investment number of jobs or net worth
- Or retain all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months
- Invest at least $1,050,000 in a new commercial enterprise ($800,000 for projects located in a targeted employment area)
- Create full-time employment for no fewer than 10 qualified individuals or maintain the number of existing employees at no less than the pre-investment level for a period of at least two years
- Demonstrate participation in the management of the enterprise.