Questions & Answers

What are the EB-5 requirements for invested funds in excess of $1 million?

I established a business in the United States in 2014 and already invested over $5 million. The business is operational and doing well. I have now decided to apply for the EB-5 visa. What are the requirements for the funds I invested in excess of $1 million? Do I have to source ALL of the $5 million I invested, or can I just source the $1 million that is required for EB-5?

Answers

• Ed Beshara

  Immigration Attorney

  Answered on August 26, 2015

  An experienced EB-5 immigration attorney will be able to advise you. Currently the EB-5 regulations will require you to authenticate the lawful source of the required personal investment funds. In your case, if the job-creating entity is located in a TEA then the required investment is $500,000. If the job-creating entity is not located in a TEA or rural area, then the personal investment requirement is $1 million dollars.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on August 25, 2015

  You must prove all of the capital you invested into the new commercial enterprise was lawfully obtained.

• John J Downey

  Immigration Attorney

  Answered on August 25, 2015

  Just the $1 million you invested will suffice for EB-5 purposes. A business description showing the other $4 million would add to the credibility of your investment.

• Jinhee Wilde

  Immigration Attorney

  Answered on August 25, 2015

  You need to only document the source of funds for the EB-5 required amount of $1 million. However, please consult with an experienced EB-5 attorney regarding the whole business and source of funds to determine the best course of action. You also will need to do the business plan and other corporate documents to be EB-5 compliant.

• Salvatore Picataggio

  Immigration Attorney

  Answered on August 25, 2015

  You should only have to source the investment amount of $1 million as that is the only amount that will matter for the job creation.

• Olga Karasik

  Immigration Attorney

  Answered on August 25, 2015

  The source of entire investment will need to be documented.