Investment in a commercial enterprise must have been established after November 29th, 1990. (Qualifying commercial enterprises established on or before November 29th, 1990, required that the purchased or existing business was restructured in a way that resulted in a new commercial enterprise or that the commercial enterprise was expanded through investment causing a 40% increase in net worth or number or employees.)
Qualifying Commercial Enterprises: Any for-profit business that conducts lawful practices:
- Sole Proprietorship
- Holding Companies
- Joint Ventures
- Publicly or Privately Owned Business Trusts
What Does Not Qualify?
- Any noncommercial business and owning a personal residence.
- The sources of capital must be from lawful enterprises. USCIS reviews the legitimacy of funds. Unlawful sources of capital include criminal activity.
Job Creation Requirements: Create at least 10 full-time new jobs for qualifying U.S. workers in less than 2 years time.
Job Creation Requirements In Cities:
- Direct Jobs: Create direct jobs where the qualifying employees work directly in the commercial enterprise property that the EB-5 investor has directly invested his or her capital.
- Indirect Jobs: If the EB-5 investor's commercial enterprise is affiliated with a regional center, he or she may calculate indirect job creation as a result of that affiliation.
- Job Preservation: EB-5 investors may be credited with preserving jobs if he or she invests in a troubled business.
Investing In Troubled Businesses: These commercial enterprises must have been in business at least two years and have faced a net loss of at least 20% before EB-5 investor can invest in them.
Minimum Capital Investment: The minimum investment per EB-5 applicant is 1 million dollars. This is the minimum cash, inventory, equipment, and tangible property owned by the EB-5 investor. This capital cannot be borrowed. The EB-5 investor need not invest all the money at once, but it needs to be substantially invested by the 2 year mark.
Exceptions: The minimum investment required per EB-5 applicant in a high unemployment region or rural area is $500,000.
Qualifying for the EB-5 Visa requires proof of one of the following:
- Provide Proof For Investment From Lawful Business
- or Provide Proof For Investment Funds From Gifts
- or Provide Proof For Investment Funds From Inheritance
- or Provide Proof For Investment From Sale of Real Estate, Stocks, Business
- or Provide Proof For Investment From Loans (Only loans that qualify are loans backed by EB-5 applicant's assets.)