EB-5 Visa Program: Key Considerations for Investors

The EB-5 visa application process is highly regulated, document-intensive, and fact-specific. Because even minor mistakes in source-of-funds tracing, project selection, or admissibility analysis can result in delays or denials, petitioners must work with an experienced immigration attorney. This is a complex, high-stakes process, and professional legal guidance is essential to maximize the chances of approval.

What is the EB-5 visa program?

The EB-5 Immigrant Investor Program, known as the EB-5 visa program, allows individuals and their immediate family members (spouses and unmarried children under 21 years old) obtain Lawful Permanent Residence (LPR) status in the United States.

To qualify for an EB-5 program, a petitioner must meet the following requirements:

• Make the minimum required investment into a qualifying EB-5 project.
• Prove the petitioner’s funds invested in the EB-5 project have been obtained through lawful means.
• Be otherwise admissible to the United States.

Which projects qualify for an EB-5 program?

Petitioner must invest, or be in the process of investing, in a for-profit, lawful business that will create at least 10 full-time jobs for U.S. workers. The investment must be fully “at risk” without a guaranteed return. Passive investments, such as purchasing real estate for personal use or investing in stocks, typically do not qualify.

The petitioner may invest in their own business, which they will directly manage (also known as “Direct EB-5”), or invest the funds in pooled projects managed by USCIS-approved Regional Centers (“Regional Center EB-5”).

What is the minimum investment amount?

Currently, the minimum investment amount is US$1,050,000. For projects located in a Targeted Employment Area (the “TEA”) or for infrastructure projects, the minimum investment amount is US$800,000.

The TEA is defined as an area that, at the time of the investment, was rural or experienced high unemployment (defined as at least 150% of the national average unemployment rate).

Infrastructure projects are capital investment projects with business plans approved and administered by a governmental entity (such as a federal, state, or local agency or authority).

Future minimum investment amounts will be adjusted for inflation using the Consumer Price Index for All Urban Consumers (CPI-U). These adjustments will occur every five (5) years, with the first such adjustment effective for petitions filed on or after January 1, 2027.

What sources of funds are acceptable under the EB-5 program?

The EB-5 program requires the petitioner to invest their capital, defined as cash and all real, personal, or mixed tangible assets owned and controlled by the investor.

The capital must be obtained through lawful means and must be supported by detailed documentation showing the path of funds from the source to the EB-5 project specifically, petitioners must establish the legal ownership of the capital invested and provide documentation explaining how the funds were obtained and transferred to the EB-5 project. USCIS does not consider as capital any assets acquired directly or indirectly by unlawful means, such as criminal activity.

The most common sources of funds are the following:

• Employment income savings accumulated over the years;
• Stocks, bonds, mutual funds, or other securities sales;
• Sale of real estate or personal assets (even jewelry);
• Secured and unsecured loans;
• Individual Retirement Accounts (IRA) and 401(k) Accounts;
• Good faith gifts from family;
• Business income;
• Any combination of the sources listed above.

The funds may originate from the United States or any other country, as long as the petitioner can document the source and the pathway of the entire investment amount.

Is the petitioner admissible into the United States?

To qualify for an EB-5 program, the petitioner (and any applying family members) must be admissible to the United States under the U.S. immigration law. This means they must not fall under any grounds of inadmissibility, such as criminal history, past violations of U.S. immigration law, security concerns, public health issues, or prior fraud or misrepresentation. If any potential inadmissibility issues exist, the petitioner may need to seek a waiver where available.

This article was written by immigration attorney Yuliya Veremiyenko-Campos, founder and managing attorney of YVC Legal.

Her practice primarily focuses on U.S. business immigration law, especially employment-based immigrant petitions (I-526, I-140), nonimmigrant visa petitions (L-1, H-1B, E-2), adjustment of status, and consular processing.