Eligibility & Requirements

To obtain permanent residency status — a Green Card — through the EB-5 program, an investor must meet specific requirements as per United States Citizenship and Immigration Services (USCIS).

First and foremost, a potential investor must meet the capital investment amount requirements, including a lawful source and path of funds. USCIS must also be satisfied that the business that will receive the investment qualifies for the EB-5 visa program.

All EB-5 investors must invest in a new commercial enterprise that was established:

After Nov. 29, 1990; or
On or before Nov. 29, 1990, that was:
- Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results; or
- Expanded through the investment, resulting in at least a 40% increase in the net worth or number of 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 non-commercial activity, such as owning and operating a personal residence.

Finally, there must be a minimum of 10 new jobs created, as defined by USCIS. Once all of the requirements have been deemed satisfied by USCIS, the EB-5 visa applicant, his or her spouse and any children under the age of 21 will be able to obtain permanent residency status.