Questions and Answers > EB-5 Investments

How can you qualify as an EB-5 investor?

What are the requirements? Do you really have to make over $500,000 a year to participate? Thanks. I am very interested in this program.

Answers

• Ying Lu

  Immigration Attorney

  Answered on December 18, 2012

  The EB-5 requirements are as follows:
  
  1. All EB-5 investors must invest in a new commercial enterprise;
  
  2. All EB-5 investors must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor''s admission to the United States as a Conditional Permanent Resident.
  
  3. The minimum qualifying investment in the United States is $1 million, unless the investment is made in a targeted employment area.
  
  Therefore, you do not need to make over $500,000 a year to participate. However, you must be an ''accredited investor'' under the U.S. Securities Act when you invest into a regional center project.

• Marisa Casablanca

  Immigration Attorney

  Answered on December 17, 2012

  Thank you for contacting me. There are several requirements. First of all you must have a net worth sufficient to qualify as an investor. Usually it is $1 million in assets. However, the most important issue is the tracing of the funds you will be using for the investment from your legal source, whether it be sale of real estate, inheritance or accumulated earnings.

• Neville M Leslie

  Immigration Attorney

  Answered on December 14, 2012

  You have to have a net worth of close to $1M to be able to apply. The general requirements other than that are that you have a clean history, no immigration problems, etc.

• Stephen Berman

  Immigration Attorney

  Answered on December 14, 2012

  Your salary is irrelevant. You need to invest $500,000 or $1,000,000 and create 10 new jobs.

• Larry J Behar, Esq

  Immigration Attorney

  Answered on December 14, 2012

  Qualifications for the EB 5 program do not require an income of $500,000 per year. They do, however, require an informed investor who has a net worth of at least $1 million or $200,000 of income in the last five years. Other qualifications may require no criminal record which would cause a consular denial.

• Charles Raether

  Immigration Attorney

  Answered on December 14, 2012

  No, you don''t necessarily need to make at least $500,000/year to participate. You don''t even need to have that money right now. You can borrow the money; you can receive it as a gift; you can use money from the sale of some assets or your home. Now, there are nuances to following each of these paths and things aren''t always as straight-forward as they seem. Feel free to contact us to discuss further details; you can''t encapsulate it all in an email.

• Gregory Romanovsky

  Immigration Attorney

  Answered on December 14, 2012

  Thank you for your email. In order to participate in the EB-5 program you have to invest $500K into one of the regional centers and demonstrate that the money you''re investing were obtained through lawful means. Let us know if you have any other questions.

• Randall Sidlosca

  Immigration Attorney

  Answered on December 14, 2012

  You need to invest a minimum of $500,000.00 in a new commercial enterprise.

• Jinhee Wilde

  Immigration Attorney

  Answered on December 14, 2012

  In order to qualify as an EB-5 investor, you either must have earned income over $200,000 per year for the past 3 years or have the assets over $ 1 million. When proving the $ 1 million in assets, you could use various ways, such as savings, stock portfolio, real estate holdings, etc. It is required that you show your income and assets come from clean source without any taint of illegality, such as gambling, drug and other trafficking. Please note that USCIS is reaching back as far as they need to go to make sure that investors acquired their money legally, which often require showing of income, property, inheritance or gift tax returns. You should discuss and review your source of fund documents with a competent immigration lawyer who focuses on EB-5 work before investing.

• Lei Jiang

  Immigration Attorney

  Answered on December 14, 2012

  To qualify as an EB-5 investor, you need to have at least $500,000 fund for investment purpose. You do not need to make $500,000 a year. There are other requirements, but most important are that the fund must be yours and obtained legally and you have no criminal background.

• Clem Turner

  Securities Attorney

  Answered on December 14, 2012

  Most reputable regional centers will make their offerings pursuant to an exemption under the US securities laws set forth in Regulation D (and Regulation S, but that has no bearing on your question). According to Regulation D, an investor should be "accredited." Non-accredited investors may invest, but the ramifications of this are so burdensome to the issuer that almost everyone prohibits non-accredited investors from participating in their offering. Generally speaking a person is an accredited investor if they have annual income greater than $200,000 (or $300,000 joint annual income with his or her spouse) or a net worth over $1 million, not including his or her primary residence or debt secured by the primary residence. I think you are confusing the minimum investment requirement for EB5 projects in a Targeted Employment Area (which is $500,000), with the minimum investor criteria to be an accredited investor - which are set forth above.

• Daniel A Zeft

  Immigration Attorney

  Answered on December 14, 2012

  You would benefit from a consultation appointment with an immigration attorney who is experienced with EB-5 matters. Please call my office at 312-360-0959 to schedule a consultation appointment with me.

• Charles H Kuck

  Immigration Attorney

  Answered on December 14, 2012

  You do not have to make that much each year, but you must have that much available to invest and be able to prove where you got it. Please call my office for information about the program, and what your options are.

• Anthony Ravani

  Immigration Attorney

  Answered on December 14, 2012

  It is all about the business plan and the location of the projects. It is not a simple question to answer it over an email. Please consult an attorney.

• Kristina Rost

  Immigration Attorney

  Answered on December 13, 2012

  There are a number of requirements someone who would like to immigrate in EB5 category must satisfy. They vary depending on the type of investment such individual would want to pursue: individual investment or investment via Pilot Program / Regional Center. There is no requirement that the applicant must earn over $500,000 a year; however, the applicant must document in details the lawful source of the capital to be invested. I think, the best way to pursue this matter is to consult a few reputable EB5 attorneys to discuss his or her options in details as this is a complex issue and requires attorney''s individual attention. Based on such consultation, chose one to continue working with and move forward with building up the petition package.

• Reza Rahbaran

  Immigration Attorney

  Answered on July 16, 2012

  The capital requirements for an EB-5 visa are at minimum a $500,000.00 investment. It is not necessary that you earn over $500,000.00 annually. You only need to invest that sum. As long as the source of your funds a legal; for example, a sale of a property, a loan, stocks and shares, business or a gift or inheritance; then you are eligible to apply. In addition to the capital requirements, the investor must also be able to show that they will be able to create 10 jobs within 24 - 30 months upon entering the United States, post visa issuance.

• David Hirson

  Immigration Attorney

  Answered on July 16, 2012

  There are two qualifications for permanent residence under the EB-5 program, the investor must invest $500,000 or $1 million depending upon the location of the job creating enterprise. If the investment is made directly by the investor into his or her own business then 10 full-time employees must be hired, be legal and work on payroll for at least 35 hours per week. The investment money must be show to be from a lawful source. The investor must participate in the management of business. If the investment is made into a Regional Center project then the investor will be almost passive, will not have to attend day today affairs of the company and will also not have to hire 10 full-time workers. In a regional Center project the with his all created as a result of the impact of the investment monies on job creation in the area. The investment is one per case and not annual.

• Boyd Campbell

  Immigration Attorney

  Answered on July 16, 2012

  Any alien who can afford to invest $500,000 for approximately may qualify to become an EB-5 investor. In connection with exempt securities offerings, regional centers often require the alien investor to qualify as an "accredited investor," as defined by the U.S. Securities Act.