1. Investment

Have invested or be actively in the process of investing a minimum of $1 million (or $800,000 if investing in a Targeted Employment Area) into a new commercial enterprise. The term “new commercial enterprise” refers to any for-profit business formed for the purpose of conducting lawful business. This includes sole proprietorship, a partnership, a corporation, a limited liability company (LLC), and other entities that may be publicly or privately owned.

2. Job creation

Create at least 10 full-time jobs for U.S. workers within two years of receiving their Visa (or demonstrate that such jobs will be created by the end of the two-year period). In the case of a new commercial enterprise not located within a regional center, the new commercial enterprise must directly create the full-time positions to be counted. For the enterprise located within a regional center, the new commercial enterprise can directly or indirectly create the full-time positions. The difference between direct and indirect jobs is that direct jobs establish a relationship between the new enterprise and its employees while the indirect ones are those that are not directly created by the new enterprise, but are created as a result of it.

Employee terms

An employee is qualified if they are a U.S. citizen, lawful permanent resident, or another immigrant authorized to work in the United States, such as a conditional resident, temporary resident, asylee, refugee, or one whose deportation is suspended. This doesn’t include immigrant investors and their families, any noncitizen in any nonimmigrant status, or anyone who is not authorized to work in the United States.

The term “full-time employment” refers to a position that requires a minimum of 35 working hours per week by the new commercial enterprise. In the case of the regional center program, full-time employment means the employee is qualified for a position that has been created indirectly that requires a minimum of 35 working hours per week. Jobs that are sporadic, temporary, or seasonal do not qualify as permanent full-time jobs.

Investors who invest in EB-5 may rely on job maintenance in the case of a troubled business. The term “troubled business” refers to a business that has been in existence for at least two years and suffered a net loss during the 12- or 24-month period prior to the priority date of the immigrant investor’s Form I-526. The loss for this period must be at least 20% of the troubled business’s net worth before the loss. USCIS will take into account successors in interest to the troubled business when evaluating whether these companies have been in business as long as the troubled business they succeeded.

3. Proof

Demonstrate that the investment funds were not obtained by making false statements on immigration documents or through any fraudulent activity. The investment funds must be obtained through lawful means

In addition to meeting these criteria, all applicants must also demonstrate an understanding of the business in which they are investing. This includes having a well-defined business plan and being able to explain how their investment will help create jobs for U.S. citizens or Lawful Permanent Residents.