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The EB-5 Immigrant Investor Program provides foreign nationals and their immediate family members–spouse and children under the age of 21–with a direct path to U.S. permanent residency and Green Cards by investing in the U.S. economy. Unlike other visa categories, the EB-5 program does not require a specific nationality, business background, or language proficiency. Investors from any country can apply as long as they meet the key program requirements.

The five essential requirements for EB-5 eligibility are as follows:

1. The Investor Must Invest the Required Amount

To qualify for EB-5, an investor must contribute a minimum investment amount into a U.S. business:

• $1,050,000 for investments in most locations.
• $800,000 for investments in a Targeted Employment Area (TEA)—defined as a rural area or a high-unemployment zone.

Many EB-5 investors choose to invest through Regional Centers, which frequently operate in TEAs, allowing them to qualify for the lower $800,000 threshold. 

A Regional Center is an organization approved by the United States Citizenship and Immigration Services (USCIS) that pools EB-5 investments into large-scale projects designed to boost economic growth and job creation in the United States. Regional Centers manage investment projects on behalf of EB-5 investors, allowing them to meet the program’s requirements without direct involvement in business operations.

2. The Investment Must Be in a New Commercial Enterprise (NCE)

The EB-5 investment must be placed into a New Commercial Enterprise (NCE)—a legally structured, for-profit business.

Nonprofits are not eligible under the EB-5 program since the investment must contribute to economic and job growth.

3. The Source and Path of Funds Must Be Lawful

One of the most crucial aspects of EB-5 eligibility is proving that the investment funds come from a lawful source and have a clear path of transfer to the U.S. business. USCIS requires comprehensive financial documentation to ensure compliance.

Acceptable sources of funds include:

• Business profits
• Salary or wages
• Sale of property or assets
• Gifts or inheritance (provided the donor’s source is lawful)
• Loans (secured by the investor’s personal assets)

The source of funds review is often the most scrutinized part of the EB-5 process, so having thorough documentation is essential to avoid delays or denials. Additionally, working with seasoned EB-5 experts is key in filing a successful EB-5 petition. 

4. The Investment Must Be “At Risk”

To qualify for EB-5, the investor’s capital must be at risk, meaning it cannot be guaranteed or repaid before meeting program requirements. The purpose of this rule is to ensure that the funds are truly invested in a business and contribute to job creation.

Key Aspects of the “At Risk” Requirement:

• The investment must be fully committed to the business.
• There can be no guarantee of repayment from the business or Regional Center.
• The investor may receive a return on investment, but it cannot be structured as a risk-free loan.

5. The Investment Must Create and Maintain Ten Full-Time Jobs for U.S. Persons

Every EB-5 investment must result in the creation of at least 10 full-time jobs for U.S. workers within two years of receiving the conditional Green Card.

• If an investor opens their own business, these jobs must be direct hires (employees on payroll).
• If investing through a Regional Center, investors can count indirect and induced jobs, making it significantly easier to meet this requirement.

The ability to count indirect and induced jobs is a significant advantage of investing through a Regional Center, as it reduces the burden of direct hiring while still satisfying EB-5 job creation rules.

Why Many Investors Choose Regional Centers

While investors can create their own business under EB-5, most choose Regional Centers due to their flexibility and lower involvement requirements. A Regional Center allows an investor to: 

• Qualify for the lower $800,000 investment if the project is in a TEA.
• Count indirect and induced jobs to meet the 10-job requirement.
• Take a passive role as a limited partner, rather than managing a business.
• Benefit from flexible payment plans while securing their place in the EB-5 queue.

For investors seeking U.S. permanent residency and Green Cards without the responsibility of running a company, the Regional Center option is the most efficient pathway.

Your Path to U.S. Green Cards

The EB-5 program is open to investors from all backgrounds, with no nationality restrictions, no language requirements, and no business experience needed. The most critical eligibility factor is ensuring that the investment funds come from a lawful source.

At The American Legal Center, we specialize in guiding investors through every step of the EB-5 process. With over a decade of experience in the EB-5 industry, our team provides personalized support to help clients choose the right investment opportunities, prepare a comprehensive source of funds declaration, and navigate the complex USCIS application process. We work closely with trusted Regional Centers to ensure our clients have access to low-risk, high-quality EB-5 projects that meet the job creation requirements.

For those looking for a secure, straightforward, and passive path to U.S. residency, the EB-5 program offers a unique opportunity to live, work, and study in the U.S. without employer sponsorship or the need to actively manage a business. If you’re considering the EB-5 visa, contact our team today to start your journey toward a brighter future in the United States—your first consultation is on us.