In terms of the requirements, here are the major ones:
- All EB-5 investors must invest in a new commercial enterprise. An enterprise is considered “new” if it was established after 11/29/1990. Enterprises established after that date can also be considered “new” if they have gone through re-organization or significant change. You must prove the investment directly or indirectly results in the creation of ten full time jobs.
- The minimum investment required to qualify for an EB-5 is $1 million per immigrant investor, but the limit is reduced to $500,000 if you invest in a “targeted employment areas.” These areas must have an unemployment rate 150% of the national average. You also have to prove that the assets you’re using for the investment were acquired by lawful means (USCIS is super strict about reviewing legitimacy of funds). This can make the process must harder. Cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the investor are all acceptable investments for EB-5 purposes.
- The entire investment must be “at-risk”, or spent
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