Opportunity doesn’t just knock — sometimes, you build the door yourself.
Through the EB-5 visa program, your investment can be the key that unlocks a permanent future in the United States.
But the success of your application depends on meeting very specific EB5 visa investment requirements. It’s not simply about investing an amount into any project. You’ll need to place your funds carefully, ensure they are truly at risk without guarantees of returns, and create full-time jobs for American workers.
Every requirement is tied to strict immigration guidelines, and even a small oversight can lead to major delays. If you’re serious about securing your green card through investment, understanding the basics now can save you time, money, and unnecessary stress later.
Let’s walk through everything you need to know to get started with confidence.
Overview of the EB-5 Visa Program
The EB-5 Immigrant Investor Program offers a direct path to U.S. permanent residency through investment. If you’re willing to invest in a U.S. business and help create jobs for American workers, you could qualify for a green card for yourself, your spouse, and your unmarried children under 21. This program was designed to encourage foreign investment in the U.S. economy, making it a win for both investors and the communities that benefit from new businesses and employment opportunities.
To qualify, you’ll need to meet several general eligibility criteria. You must invest the required amount of capital in a new commercial enterprise and prove that your investment will create or preserve at least 10 full-time jobs for qualifying U.S. workers. You’ll also need to show that your investment funds were obtained legally and that you are actively involved in managing the business or policy formation. Meeting these requirements sets the foundation for moving forward with your EB-5 visa application.
Also Read: Impact of HR 1044 Bill on Green Card Limitations.
Investment Requirements for EB-5
The EB-5 visa program requires a minimum investment of $1,050,000 in a new commercial enterprise. However, if you choose to invest in a Targeted Employment Area (TEA) — typically a rural area or an area with high unemployment — the minimum investment drops to $800,000. Picking a TEA project can make your investment more cost-effective while still meeting all the program’s job creation and business development goals.
When it comes to the form of your investment, the EB-5 program offers flexibility. Acceptable types of capital include:
- Cash
- Inventory
- Equipment
- Secured indebtedness
- Other tangible assets
No matter which form you use, you must prove that your investment funds were legally obtained and that the capital is placed “at risk” to support the enterprise. Clear documentation and careful planning are key to meeting the EB-5 investment requirements without unnecessary delays.
If you’re unsure about how to meet the EB5 visa investment requirements or want to make sure your investment is structured correctly, the Law Offices of Sweta Khandelwal can guide you every step of the way.
Creating Jobs Through EB-5
One of the key requirements of the EB-5 visa program is the creation of jobs. To qualify, your investment must lead to the creation or preservation of at least 10 full-time jobs for U.S. workers. These jobs must be filled by U.S. citizens, permanent residents, or other immigrants authorized to work in the United States, not by the investor or their family members.
Jobs created through the EB-5 program can fall into three categories:
- Direct jobs: These are actual, identifiable jobs for qualified employees located within the commercial enterprise where you invested.
- Indirect jobs: These are jobs created in the community as a result of your investment, such as suppliers, construction workers, or service providers.
- Induced jobs: These are jobs generated when new workers spend their earnings in the local economy, thereby supporting businesses such as restaurants, shops, and service industries.
Depending on the type of project you invest in, especially if it’s through a Regional Center, indirect and induced jobs can also count toward meeting the 10-job requirement. Understanding these distinctions early helps ensure your investment fully supports your EB-5 eligibility.
Also Read: H-1B Visa Registration and Process for Foreign Workers in the USA.
Understanding Lawful Source of Funds
Proving a lawful source of funds is a crucial part of a successful EB-5 visa application. U.S. immigration authorities need to see that your investment money was obtained legally, and they expect detailed evidence to support it. Several sources of funds are generally considered acceptable, including:
- Salary or business income
- Gifts from family or friends
- Loans (secured by your personal assets)
- Sale of property
- Inheritance
Regardless of the source of the funds, clear and complete documentation is essential. You’ll need to provide bank statements, tax returns, property sale records, loan agreements, gift affidavits, or any other paperwork that connects the money directly to a legal source. Missing or unclear documents can lead to delays or even denials, so getting this part right is one of the most important steps in your EB-5 journey.
Proving the lawful source of your funds is one of the most detailed parts of the EB-5 process, and even small mistakes can cause delays. If you have questions or need guidance, Sweta Khandelwal is a trusted expert in this niche. Reach out to get clear, accurate advice tailored to your situation.
Keeping Investment At-Risk
For an EB-5 visa to be approved, your investment must be at risk throughout the process. This is a major part of the EB5 visa investment requirements. Your funds must be committed to the success or failure of the business, with no guarantees of repayment or promised returns. Simply parking your money in a project without any financial risk doesn’t meet the program’s standards.
There are also strict restrictions on guarantees. You cannot have an agreement that protects your capital from loss, nor can you be assured a fixed return. The idea is that your investment genuinely supports business growth and job creation, not just a financial transaction. A real financial risk shows that your investment is actively contributing to the U.S. economy — a core goal of the EB-5 program.
Also Read: Transitioning from L1 Visa to EB1C Green Card: A Comparative Analysis.
Engagement in the Management
Another important part of the EB5 visa investment requirements is your role in managing the business you invest in. The EB-5 program expects investors to be involved either through direct management or by having a meaningful say in major business decisions.
You can show this engagement in a few ways:
- Taking an active managerial role within the company
- Having voting rights or policy-making authority through your ownership stake
- Being part of a limited partnership where you still influence important matters
Even if you’re not involved in daily operations, you must prove that you have a real influence over how the business is run. Proper documentation — like organizational charts, operating agreements, or partnership contracts — can help demonstrate your active engagement when filing your petition.
Filing the EB-5 Application
Once you meet the EB5 visa investment requirements, the next step is filing your official application. Here’s what the process looks like:
- File Form I-526: This petition shows that you have invested (or are actively investing) the required amount and that your project will create at least 10 full-time jobs for U.S. workers.
- Adjustment of Status or Immigrant Visa Application:
- If you are already in the U.S., you can file Form I-485 to adjust your status to a conditional permanent resident.
- If you are outside the U.S., you’ll go through consular processing to apply for an immigrant visa.
- Receive a Conditional Green Card: After approval, you and your eligible family members will get a two-year conditional green card.
- File Form I-829 to Remove Conditions: Between 21 and 24 months after receiving your conditional green card, you must submit Form I-829. This step proves that your investment stayed at risk and met the job creation requirements.
Once your Form I-829 is approved, your conditions are lifted, and you receive a permanent green card. This puts you firmly on the path to U.S. citizenship, if you later decide to apply.
Filing your EB-5 application involves many necessary steps, and having proper legal support can make all the difference. Contact the Law Offices of Sweta Khandelwal to get experienced, personalized help at every stage of your EB-5 journey.
Conclusion
Starting your EB-5 journey can feel overwhelming, but you don’t have to figure it out alone. When you’re investing your future into a new life in the United States, every step matters — from meeting the EB5 visa investment requirements to making sure your application is perfect.
That’s where experienced legal guidance makes all the difference. At The Law Offices of Sweta Khandelwal, you’ll find the support you need to make smart decisions at every stage of the EB-5 process. With over 18 years of experience helping entrepreneurs and investors secure their U.S. green cards, Sweta Khandelwal offers practical, personalized strategies that keep your goals in focus.
Ready to get your EB-5 Visa? Contact The Law Offices of Sweta Khandelwal today and take the first step toward building your future in the United States.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
