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 Key EB-5 Visa Eligibility Factors

Global Immigration Partners, PLLC
Last Updated February 2025
Article Written By
Article Written by Alexander Jovy, Co-Managing Partner at Global Immigration Partners. Senior immigration expert with 15+ years in business and investor visas.
Reviewed By
Ruairidh Campbell , Senior U.S. Attorney, Co-Managing Partner.

The EB-5 Immigrant Investor Program offers a direct path to U.S. permanent residency for foreign investors and their families. Designed to stimulate the U.S. economy through job creation and capital investment, the EB-5 visa is an attractive option for individuals seeking to live and work in the United States. At Global Immigration Partners PLLC, we help investors navigate the EB-5 program and ensure they meet all eligibility requirements.

1. Minimum Investment Requirement

To qualify for the EB-5 visa, investors must make a substantial financial investment in a U.S. commercial enterprise. The minimum investment amounts are:

  • $1,050,000 for standard investments.
  • $800,000 if the investment is made in a Targeted Employment Area (TEA), which includes rural areas or regions with high unemployment.

2. Investment in a New Commercial Enterprise

Investors must place their capital into a “new commercial enterprise,” which is defined as any for-profit business established after November 29, 1990. Qualifying business structures include:

  • Sole proprietorships
  • Partnerships
  • Corporations
  • Joint ventures
  • Limited liability companies (LLCs)

3. Job Creation Requirement

One of the core objectives of the EB-5 program is job creation. Each investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor receiving conditional residency.

  • Direct investment requires the jobs to be created directly within the enterprise.
  • Regional Center investments allow for indirect job creation through economic modeling.

4. At-Risk Investment

EB-5 investors must demonstrate that their capital is “at risk” for the purpose of generating a return on the investment. This means:

  • The investment funds cannot be guaranteed or refundable.
  • The capital must be actively deployed in the business operations.

5. Lawful Source of Funds

Investors must provide clear documentation proving that their investment funds come from a legal source. Acceptable sources include:

  • Salaries and business profits
  • Sale of property
  • Gifts or inheritance (with proper tax documentation)
  • Loans (secured by personal assets)

6. Active Involvement in Business Operations

While EB-5 investors are not required to manage daily operations, they must have some level of engagement in the business, such as:

  • Policy formulation
  • Board membership
  • Supervisory responsibilities

7. Maintaining Investment Throughout Conditional Residency

EB-5 investors first receive conditional permanent residency for two years. To remove these conditions and obtain a full green card, they must prove:

  • The required capital was invested and remains in the business.
  • The job creation requirement was met.

How Global Immigration Partners PLLC Can Help

Navigating the EB-5 visa process can be complex, but our experienced team provides end-to-end support, including:

  • Assessing eligibility and investment options.
  • Assisting with source-of-funds documentation.
  • Preparing and filing EB-5 petitions.
  • Guiding investors through conditional residency and the green card process.

Start Your EB-5 Investment Journey Today

If you’re considering the EB-5 visa, Global Immigration Partners PLLC is here to help. Contact us today to explore your investment opportunities and begin your path to U.S. residency.

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