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EB-5 Program Requirements

Combined, United States Citizenship and Immigration Services (USCIS) and The Securities and Exchange Commission (SEC) have a few basic rules for individuals looking to invest through the EB-5 program.

  1. The individual must have the revenue required for investing.

  2. The investment MUST be at risk for the duration.

  3. The investment project must successfully create and maintain a specific amount of jobs.

  4. The individual must prove they are an “accredited investor.”

1.Revenue for investing

Revenue required for investing is between 500k and 1 mil achieved through lawful means and can be proven with the following.

  • Bank Statements

  • Investment Statements

  • Profits or proceeds from sale of real estate

  • Profits and earnings from a business

  • Profits or earnings from stock or other investments

  • Documents showing ownership of real estate or business

  • Loan, mortgage, promissory note, security agreement, or other evidence of borrowing

  • Tax returns

  • Proof of being an “accredited investor”

However, the investment does not have to be made solely in cash. Cash equivalents, such as certificates of deposits, securitized loans, and promissory notes, can all be counted in the $1 million total. So, can the value of any equipment, inventory, or other tangible property you put into the business. You must make an equity investment (ownership share) and you must place your investment at risk of partial or total loss if the business does badly.

2.Job creation

The investment project must create 10 jobs within the first 2 years of the project and maintain them for the following 3 years.

3. Proof of being an “accredited investor”

  • Has a net worth individually or jointly in excess of USD 1,000,000; and

  • Has an income that exceeds USD 200,000 for the most recent years; or

  • Jointly with a spouse, for the same period, in excess of USD 300,000

  • You also may need to supply a variety of personal documents

    • Legal copies of passports

    • Investor’s resume

    • Copies of academic diplomas

    • Corporate Organization documents, if you own a business

    • Certified copies of birth certificates, marriage certificates, divorce decrees, and death certificates if applicable

    • Certified copy of military record

    • Certified copy of police record

 Program Requirements