All EB-5 investors must invest in a new commercial enterprise. Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to a sole proprietorship, Partnership, Holding company, Joint venture, Corporation, Business trust, or Other entity, which may be publicly or privately owned.
Required Minimum Capital Investment
The minimum qualifying investment in the United States is $1 million. The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000. Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars.
Job Creation Requirements
An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees.
Green Card Opportunity
After 2 years, an EB-5 investor has the opportunity to transition to a permanent resident Green Card and eventually U.S. Citizenship.