EB5 Visa Requirements: Documents, Qualifications and EligibilityThe EB-5 Visa is an immigrant visa available to all countries. EB-5 Visa grants permanent resident status to qualified foreign applicants, their spouses, and eligible children under the age of 21. The main requirement for EB-5 Visa is to make a minimum investment of amount $800,000 in a New Business Commercial Enterprise.

The EB 5 Visa for Immigrants enables qualified immigrant investors to become permanent legal residents (Green Card holders) by investing in a new business. The investor must be able to present sufficient capital to establish a U.S. enterprise and employ at least 10 American workers for full-time work. The business must be located in a targeted employment region. By investing, the investor, his or her spouse, and unmarried dependent children below 21 can live and work freely in the U.S. The investor’s children enjoy the same educational and employment opportunities as other American citizens. There are no licenses required to apply for an EB-5 Visa.

What are the requirements for EB5 Visa?

These are the EB5 US investor visa requirements.

  • Investment amount
  • Source of funds
  • Job Creation

EB5 Investment Amount

The EB-5 Investment Amount is the basic investment required from the foreign investor to qualify for the EB-5 Visa. The minimum investment capital is $800,000 in a Targeted Employment Area (TEA). A Targeted Employment Area (TEA) is a region with high unemployment rates or rural areas. The required investment capital for a non-TEA is $1.05 million.

The EB5 Investment should be in a new commercial entity approved by United States Citizenship and Immigration Services (USCIS). The investor should not expect a guarantee of investment return, as the invested money is “at-risk”.

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Source of Funds and Funding Requirements

The Source of Investment Amount can be in the form of salaries/wages from employment, business profits, savings, loans, inheritance, or gifts from individuals. The investor has to demonstrate the origin and direction of the funding source. EB5 funds must be proven to come from legal sources and transferred legitimately. Here are the funding requirements to prove a legal source of funds for an EB-5 investment. 


Salaries/wages are income generated from employment. Salaries/wages include overtime pay, annuities, pensions, bonuses, and allowances. Submit your tax returns for multiple years, along with a letter from the employer stating your work responsibilities, salary, and pay slips to prove the legality of employment earnings.

Business Profits

Business profits are the financial benefit reaped from an “at risk” business venture that exceeds the company’s expenses, costs, and taxes. Supply a copy of the deed of sale, and bank statements showing the transfer of money from the buyer into your account to confirm that it is a lawful source. Additional funding requirements for business profits include your business registration and proof of ownership/officership. 

Gift from an individual

A gift is given voluntarily and without payment. Submit a signed document from the giver stating the beneficiary is not expected to pay back the funds. There should be documentation showing how the funds were acquired by the giver, comprehensive background information about the giver, employment verification letters, and the giver’s resume.

Loans from a financial institution, a bank, or an individual

A loan is a form of debt that an individual or an entity incurs. The loan must be secured by assets other than those of the EB-5 corporation. Prove the legality of an individual loan by submitting tax declarations, tax returns, and other pertinent documents.


An inheritance is transferred assets from a deceased person. Inheritances come in the form of cash, investments, real estate, jewelry, and art. Show proof of the connection between the parties if the inheritance was received prior to the EB 5 application. Submit the probate court documents, the will, bank statements, and other pertinent proof to substantiate the legitimacy of the inheritance.

EB-5 Job Creation and Employment Requirements

The EB5 Category Requirements include full-time job creation for at least 10 qualified American employees within two years of receiving conditional residency. Qualified employees are U.S. citizens, lawful permanent residents, and other immigrants lawfully allowed to be employed in the U.S. such as conditional residents, asylees, and refugees. Full-time employment for American workers consists of 35 working hours per week.  

Jobs created from an EB 5 investment are direct, indirect, and induced jobs. A direct job stems from direct EB5 investment. Direct investment is a business created from the capital of a foreign investor that is not sponsored by a regional center. Direct investments include starting a new business, investing in an existing corporation, purchasing an existing business, or opening a franchise. Indirect and induced jobs are created from EB-5 regional centers. A regional center is a public or private economic unit approved by the United States Citizenship and Immigration Services (USCIS) to promote U.S. economic growth. Indirect jobs are created outside of the new commercial enterprise but have resulted from the operations of the new commercial enterprise. Induced jobs result from the creation of the regional center investment in a community. 

How to qualify for EB5 Visa?

A prospective investor must submit the following documents to qualify for an EB5 visa.

Project Documents

  • Give evidence of their investment in an EB-5-qualifying project.
  • Submit proof that the business is located in a targeted employment region (TEA).
  • Present evidence that the investment is made in a new business.
  • Furnish copies of the Private Placement Memorandum for Regional Centers, LLC Agreement, Escrow Agreement, and Subscription Agreement.
  • Submit a comprehensive business plan containing a thorough business analysis, any required permits or licenses, production process, any contracts, marketing strategy, and organizational structure.

Financial Documents

  • Submit proof of the funding source, including the whole history of the funds; the funds may come from property sales, other assets, salary, savings, and donations.
  • Furnish copies of tax returns for the past five years.
  • Present evidence showing the investor received the cash legally.

Personal Documents 

  • Submit scanned copies of the passport of both the primary and dependents.
  • Submit certificates of birth and marriage of both the primary applicant and their dependents.
  • Present local or national identity documents.
  • Furnish duplicate copies of both previously filed and current immigration applications.

What age is eligible to apply for EB5 Visa?

There is no age limit to applying for the EB-5 Visa Program. Age is only relevant when it comes to signing contracts; An applicant under 18 years old cannot sign a legally binding contract. A legal guardian co-signs the documents on his or her behalf.

Age becomes a requirement if the parent is applying with children. To be listed on a parent’s application, the children must be under 21 years of age.

What are the educational qualifications to get an EB-5 visa?

No definite education qualifications are required to get an EB5 visa.

Is obtaining an EB-5 visa easy?

No. It is necessary to submit the correct and complete documents to prevent rejections and the back-and-forth submission of the EB5 requirements. Failure to comply with the USCIS guidelines will only lengthen the process, if not lead to being denied the EB5 visa.

Is EB-5 visa worth it?

Yes, as long as you are able to complete the documents and are USCIS-compliant, you’d be able to obtain conditional permanent residency status. The EB5 investment options allow the immigrant to choose the option that best suits his status or needs.

How much investment is required for an EB5 visa?

The basic minimum investment visa amount is $800,000 in a TEA. The investment for a non-TEA is $1.05 million. 

How to invest in EB5 Visa?

To invest in an EB5 Visa, the EB-5 applicant must first choose a project that fits the program’s requirements, particularly if they are interested in the expedited approval and rural premium processing options with speedier processing times.

Next, the investor will sign a subscription agreement, which is a request to join a partnership or limited liability company, in order to make the investment. The general partner or manager will then approve the investor’s request and will subsequently transfer their investment funds to an escrow account managed by a designated escrow agent.

Direct Investment and Non-Regional Center Requirements

Direct EB-5 investments require the investor to be directly involved in the management and operation of the EB-5 business. Here are the requirements for a direct non-regional center EB-5 investment.

  • The investment must be in a new commercial enterprise or any of the following.
    • Established after November 29, 1990.
    • Established on or before November 29, 1990, and has been restructured in a way that results in a new enterprise, or there has been a 40% increase in the net worth or number of employees. 
  • The investment must be a minimum of $800,000 for a TEA business or $1.05 million for a non-TEA business.
  • The investment must create at least 10 full-time jobs for qualified American workers.
  • The investor must take an active role in the EB5 corporation or partnership.
  • The investment must come from lawful sources. 

Is there an EB-5 Visa Annual Limit?

The EB 5 visa has an annual cap of 10,000 visas and a per-country cap of 700 visas.

How long does it take to process the EB5 Visa?

On average, the EB 5 Visa processing time for I-526 is between 24 and 36 months.

The USCIS processing timeframes continue to fluctuate based on the number of pending applications and the annual number of applications filed.

How long can I stay in the US with an EB-5 Visa?

When you obtain an EB-5 visa, you must enter the United States within 6 months of the visa’s expiration date, and you will become a conditional permanent resident upon arrival. The EB5 visa process allows you to stay in the US for two years with an EB-5 Visa on a conditional Green card.

Can I get US citizenship with an EB-5 visa?

Yes, you can get US citizenship with an EB-5 visa. Within 90 days of the expiration of your two-year EB5 investor visa USA, you must get rid of the conditions to acquire a 10-year investor visa. You may petition for U.S. citizenship within 90 days of the expiration of five years from the date of your initial EB-5 visa if you meet all requirements.

What countries can apply for an EB5 visa?

The EB 5 visa is open to all countries. Canada, Taiwan, China, South Korea, Mexico, Brazil, India, Vietnam, Great Britain, the Philippines, South Africa, and Nigeria are some of the countries that can apply for EB-visa.

What are the differences between the E-2 and EB-5 Visa?

Following are the differences between the E-2 and EB-5 visa.

  • Type of Visa: The E2 Visa is a nonimmigrant visa, which is temporary and will not get you a permanent US visa. The EB-5 Visa is an immigrant visa that will get you permanent residence status in the US.
  • Nationality Requirement: The E-2 visa is only available to citizens of countries with an E-2 treaty with the United States. The EB5 visa has no country restrictions. Citizens from any country are able to apply for a visa EB5.
  • Minimum Investment Fund: The E-2 visa does not require a minimum investment fund, whereas the visa EB 5 requires a minimum investment fund that leads to EB5 visa investment opportunities.

Which EB5 project is good to invest in?

Real estate projects are one of the best EB-5 projects to make an EB-5 investment.  Since the inception of the EB-5 program, real estate has been one of the most successful and favored industries for a large number of investors.

Investing in a project is one of the requirements of the EB5 visa, so it is essential that you choose a project that will be profitable.

What are EB-5 Residency Requirements?

The EB-5 Visa grants an initial conditional green card for 2 years for the foreign investor and his/her dependents. EB5 Visa holders and their dependents have to reside continuously in the United States for the duration of their conditional green card. The investor and his/her dependents can travel outside the US but return within a year to satisfy the EB5 green card living requirements. A petition to remove conditions on permanent residence has to be filed 3 months before the expiration of the conditional green card to become lawful permanent residents. 

Why is Legal Assistance for the EB-5 Visa Important?

Legal assistance for the EB-5 Visa is important because EB5 Visa attorneys have knowledge about immigration law and how to get an EB5 visa.

The EB5 Visa Attorney services are given here.

  • EB-5 Visa Lawyers are more than competent to represent their clients in court.
  • Visa EB5 attorneys assist in determining the capital investors can afford for their EB-5 investment and the type of project suitable to the investor’s circumstances.
  • EB5 Visa attorneys handle the investor’s paperwork, making sure it is USCIS-compliant and properly filled out.
  • Visa EB-5 Lawyers ensure that all financial paperwork is complete and accurate, including sufficient information on the source of funding.
  • Visa EB5 Attorneys respond to any issues and resubmit all required documents and forms in the event that the client’s petition is denied.
  • EB-5 Visa Lawyers ensure adherence to all USCIS rules, regulations, and policies.
  • EB-5 Visa Attorneys support immigrant investors through the naturalization procedure to U.S. citizenship.

What are the advantages of EB5 Visa?

Here are Advantages of an EB-5 Visa.

  • Results in permanent residency.
  • Does not require the investor to be physically present in the United States consistently.
  • Does not have any requirements for the investor’s family members in the United States.
  • Does not have education, experience, or language prerequisites.
  • Does not require investors to have a U.S. employer.
  • Allows investors and their families to reside in any state in the U.S.
  • Assign someone to run the day-to-day operations of the company.
  • Pay taxes and establish credit before establishing residency in the United States

How much does EB5 Visa cost?

Here is a breakdown of the EB-5 investor visa USA cost.

  • Minimum EB5 Investment fund: $1.05 million US dollars or $800,000 (in a TEA)
  • Investor visa administration costs: I-526 petition filing fee about $3,675
  • I-485 application fees: $1,140
  • I-829 fee: $3,750
  • Plus: normal lawyer’s fees

An immigration lawyer can guide you to have a complete understanding of the US investor visa EB5 Cost and how important it is with your application.