So, you’re an ambitious entrepreneur hoping to tap into the boundless possibilities of American citizenship? 

You’ll likely be considering applying for a US immigrant visa, and, if you’ve clicked on this article, you’re wondering about the requirements for an EB-5 visa.

The EB-5 visa is an amazing and direct pathway to US permanent residency and promises potential capital growth, access to top-tier education and healthcare, and the freedom to explore a nation of diverse cultures and opportunities.

Are you ready to seize this opportunity to live and work in the land of endless possibilities? 

Let us guide you along the way.

*Disclaimer: All amounts quoted in this article were correct and accurate at the time of publication and may have shifted since.

Who’s Eligible to Apply for an EB-5 Visa?

Essentially, anyone able to meet the minimum investment requirements with legally sourced funds and a willingness to traverse the stringent application process is eligible to apply for the EB-5 visa.

There are quite a few hoops to jump through to turn this dream into a reality, so read on for all the specific criteria you’ll need to adhere to. 

What Are the Investment Criteria for an EB-5 Visa?

The investment criteria for the EB-5 visa require significant capital outlay and strict adherence to the program’s directives. 

For this reason, it’s important that you familiarize yourself with these requirements before beginning your EB-5 application journey.

Let’s take a look at them.

What’s the Minimum Investment Amount for an EB-5 Visa?

The minimum investment amount for an EB-5 visa varies depending on the investment route you choose. 

To qualify for an EB-5 visa, you need to meet either of the following minimum investments:¹

• US$1,05 million in a US commercial enterprise
• US$800,000 in a US commercial enterprise located in a Targeted Employment Area (TEA)

In March 2022, US Congress passed legislation imposing these new minimum investments under the EB-5 Reform and Integrity Act of 2022.

This Act also nullified previous attempts to increase the minimum EB-5 investment amounts to US$900,000 and US$1.8 million, which is why some sources still quote these figures.²

Our expert team has stayed abreast of the latest changes, though - we’ve got you covered!

You can make your investment in one of the following ways:

• As a direct investment
• In a designated regional center

What’s a Targeted Employment Area (TEA)?

A Targeted Employment Area - or TEA - is a specific geographical area in the United States that’s either experiencing high unemployment or is considered a rural area. 

The lower investment minimum required to invest in a TEA for an EB-5 visa is an incentive that aims to attract foreign investors to areas where economic development and job creation are needed most. 

What’s Direct Investment?

Direct investment under the EB-5 program means that you, as the investor, directly invest your capital into your chosen business. 

This investment route potentially gives you more control over the success of your investment.

Caution here…

One of the implications of this is that you personally must actively manage and oversee the day-to-day operations of the enterprise.

You’ll also be directly responsible for creating and preserving at least 10 full-time jobs for qualifying US workers within 2 years of your admission to the US.

That's a significant responsibility!

What’s a Regional Center?

A regional center is an entity approved by the United States Citizenship and Immigration Services (USCIS) that essentially pools funds from investors to finance projects within the regional center’s scope or professional sector.

Effectively, regional centers facilitate EB-5 investments in specific projects and industries.

Regional centers typically focus on larger-scale projects that are expected to create indirect jobs in addition to direct jobs. 

Take note

Indirect jobs are jobs that can be shown to be connected to the regional center's economic impact but are essentially created outside the specific project. 

In contrast, direct jobs are jobs that the project directly creates and pays for.

What Are the Other Important Investment Criteria for an EB-5 Visa? 

The other important investment criteria for an EB-5 visa range from job creation to proof of the source of your funds.

See our list of EB-5 investment criteria below: 

• Clean criminal record: Investors must be of good character and have no history of criminal convictions or terrorist activity. 
• New commercial enterprise: The investment must be made in a new commercial enterprise, which is defined as a newly created business or a business established after November 29, 1990.
• Job creation: The US business you invest in must create at least 10 permanent jobs for US citizens for at least 2 years.
• Source of funds: Your investment funds must be legally acquired.
• At-risk investment: Your investment must be genuinely at risk, meaning that there are no guarantees of a return on your investment.

Can I Apply for an EB-5 Visa from Outside the USA?

Yes, you can apply for an EB-5 visa from outside the USA.

Although the USCIS (located within the USA) administers EB-5 visas, the USA receives plenty of immigrant visa applications from applicants located in other countries. 

Read on for the specifics. 

How Can I Apply for an EB-5 Visa from Outside the USA?

You can apply for an EB-5 visa from outside the USA through a US Department of State consulate or embassy in your home country or the country where you currently reside.³

The specific US consulate where you can apply for the EB-5 visa will depend on your location.

We have another article explaining the overall EB-5 visa application process in detail, but we’ll share some of the basics with you.

Here are the general steps to apply for your EB-5 visa through a consulate in your country of residence:

1. You'll get a notification from the National Visa Center (NVC) once USCIS has approved your Form I-526 (Immigrant Petition by Alien Investor).
2. The NVC will provide instructions on how to prepare and submit the required documents, including the Immigrant Visa Application (Form DS-260), civil documents, and financial evidence.
3. Pay the required visa application fees.
4. Attend an immigrant visa interview at the US embassy or consulate designated in your interview notification.
5. If all goes to plan and your application is approved, you’ll receive the EB-5 visa, which you can use to enter the USA as a conditional permanent resident.

How Long Does Consular Processing Take?

Consular processing times usually range from 6 to 12 months.⁴

This will vary depending on the completeness of your documentation and the volume of applications being processed.

Which Nationalities Can Apply for an EB-5 Visa?

All nationalities can apply for an EB-5 visa.

However, each nationality participating in the EB-5 program is entitled only to a limited portion of the available EB-5 visas to ensure fairness.⁵

What’s the upshot?

Although individuals of all nationalities are welcome to apply for an EB-5 visa, there are thresholds in place for how many EB-5 visas can be approved from high-demand countries such as China, India, and Vietnam. 

Who’s Not Eligible to Apply for an EB-5 Visa?

Individuals who fail to meet the minimum investment criteria are ineligible to apply for an EB-5 visa.

There are various factors that might disqualify you from applying for an EB-5 visa.

These factors include the following:

• Criminal history: Applicants with certain criminal convictions may be ineligible for an EB-5 visa.
• Immigration violations: Individuals who’ve previously violated US immigration laws or have been unlawfully present in the country may be ineligible.
• Health-related grounds: Applicants with health conditions that are deemed to pose a threat to public safety or are likely to require extensive medical treatment may be ineligible.
• Security and terrorism concerns: Individuals who are considered security risks or have engaged in terrorist activities or associations may be ineligible.
• Inadmissibility for public charge: Applicants who are likely to become a public charge (someone primarily dependent on government assistance) may be ineligible.
• Source of funds issues: If the source of funds used for the EB-5 investment is deemed illegal or involves criminal activities, the applicant may be ineligible.
• Political and ideological exclusions: Individuals who’ve been involved in oppressive actions or who advocate or endorse certain extremist ideologies may be ineligible.

We always advise that you consult with an experienced immigration attorney to assess your eligibility for the EB-5 visa before undergoing the rigorous application process.

Each case is unique, and an attorney can provide personalized guidance based on your specific circumstances.

Common Questions

In Conclusion

The EB-5 visa program offers an unparalleled opportunity for ambitious foreign investors to obtain immediate US permanent residency by making a substantial investment in a qualifying commercial enterprise. 

While the program is open to all nationalities, strict eligibility requirements must be met, so we encourage you to do thorough due diligence on what this program can offer and, more importantly, what it’ll require from you.

We’re excited to guide you through your journey toward actualizing your American dream! Don’t hesitate to reach out to us for further guidance. 

Do you have lingering questions about the EB-5 visa program? 

You’re in the right place; check out our other articles on this immigrant visa.