EB5 Investor Eligibility Requirements

EB5 Investor Eligibility Requirements

USCIS Policy Manual Chapter Two November 2020

EB5 business resources, Administrative Appeals Office, precedent decision, non-precedent decision, EB5 direct investment sample, immigration plan resources, visa application expertise, immigration business plan, Valerie Braun, EB5, EB1, EB2, L1, E2, RFE, USCIS, transparency, Matter of Ho, return of investment, return on investment, NOID, VIBE, immigrant investor, foreign investor, treaty trader investor, treaty trader countries, E2 investor visa, EB5 investor permanent visa, EB1 extraordinary ability visa, L1 intracompany transferee visa, L1A intracompany transferee executive or manager visa, L1B intracompany transferee specialized knowledge, green card, NCE, JCE, TEA, targeted employment area, immigration law, regional center, I-924, I-526, I-829, I-485, economic study, IMPLAN, RIMS II, job creation, minimum investment, EB5 immigrant investor program, Notice of Intent to Terminate, Immigration and Nationality Act, INA, Department of Homeland Security, five-year financials, income statement, cash flow statement, balance sheet, E2 visa application process, L1A and L1B requirements, premium processingThis section of the Policy Manual, which covers EB5 Investor Eligibility Requirements, is current as of November 2020 and thus is an excellent resource for immigrant investor information.  The immigrant investor category requires three main elements:

  • An investment of capital;
  • In a new commercial enterprise;
  • Which creates jobs.


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EB5 Investor Eligibility Requirements Table of Contents

We have detailed how we are adapting to the many changes underway in the EB5 immigrant investor program with changes in our EB5 business plans.  This document defines the framework for the program and the EB5 investor eligibility requirements for that program.

For the general requirements, the term immigrant investor in this Part of the Policy Manual refers to any EB-5 investor-petitioner, whether investing through the stand-alone program or the Regional Center Program. Where distinctions between the two programs exist, the term non-regional center immigrant investor refers to petitioners using the stand-alone program, and the term regional center immigrant investor refers to petitioners using the Regional Center Program.

A.  Investment of Capital
1.  Capital
2.  Investment
3.  Required Amount of Investment
4.  Lawful Source of Funds
5.  Targeted Employment Area

B.  Comprehensive Business Plan
C.  New Commercial Enterprise
1.  Enterprise Established On or Before November 29, 1990
2.  Pooled Investments in Original EB-5 Program
3.  Establishment of New Commercial Enterprise
4.  Investment in New Commercial Enterprise
5.  Engagement in Management of New Commercial Enterprise

D. Creation of Jobs
1.  Bridge Financing
2.  Multiple Job-Creating Entities
3.  Full-Time Positions for Qualifying Employees
4.  Measuring Job Creation
5.  Evidence of Job Creation
6.  Rescission of Guidance on Tenant Occupancy Methodology

E.  Burden of Proof

F.   Priority Date