EB-5 Immigrant Investor Program

An EB-5 investor must invest the required amount of capital ($900,000 or $1.8 million) in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees.

Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including:

  • A sole proprietorship; Partnership (whether limited or general); Holding company; Joint venture; Corporation; Business trust; or Other entity, which may be publicly or privately owned.

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, if each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

This definition does not include noncommercial activity, such as owning and operating a personal residence.

Capital means cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by immigrant investors, if they are personally and primarily liable and the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital will be valued at fair-market value in U.S. dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) will not be considered capital for the purposes of section 203(b)(5) of the Act.

Note: Immigrant investors must establish that they are the legal owner of the capital invested. Capital can include their promise to pay (a promissory note) under certain circumstances.

Increased minimum investments

  • The standard minimum investment amount has increased to $1.8 million (from $1 million) to account for inflation.

  • The minimum investment in a TEA has increased to $900,000 (from $500,000) to account for inflation.

  • Future adjustments will also be tied to inflation (per the Consumer Price Index for All Urban Consumers, or CPI-U) and occur every 5 years.

Job Creation Requirements

  • For a new commercial enterprise not located within a regional center, the new commercial enterprise must directly create the full-time positions to be counted. This means that the new commercial enterprise (or its wholly owned​ subsidiaries) must itself be the employer of the qualifying employees.

  • For a new commercial enterprise located within a regional center, the new commercial enterprise can directly or indirectly create the full-time positions.

    • Direct jobs establish an employer-employee relationship between the new commercial enterprise and the persons it employs.

    • Indirect jobs are held outside of the new commercial enterprise but are created as a result of the new commercial enterprise.

  • In the case of a troubled business, the EB-5 investor may rely on job maintenance.

    • The investor must show that the number of existing employees is, or will be, no less than the pre-investment level for a period of at least two years.