A qualifying amount of capital invested in a new commercial enterprise, placed at risk, drawn from a lawful source with a documented path, creating at least ten full-time jobs for qualifying American workers, with the investor engaged in management or policy formulation rather than holding a purely passive stake.
Five findings, each supported by its own file
The elements are separate and a petition can satisfy four of them and still fail. The capital must meet the amount in force at filing, which is one million and fifty thousand United States dollars or eight hundred thousand for a qualifying targeted employment area or infrastructure project, both subject to statutory adjustment beginning on the first of January 2027. It must go into a new commercial enterprise and be genuinely at risk rather than guaranteed or held pending an outcome.
Its source must be lawful and its path documented in full. It must create at least ten full-time positions for qualifying workers, counted against the individual investor's contribution. And the investor must participate, whether through day-to-day management or through policy formulation, which for a properly structured limited partnership can be satisfied by the rights the partnership statute grants.
Residence follows conditionally for two years before conditions are removed.
- USCIS: EB-5 Immigrant Investor Program
- USCIS Policy Manual: Volume 6, Part G, Chapter 2, Eligibility Requirements
- USCIS: EB-5 Immigrant Investor Program resources
- USCIS: Instructions for Form I-829, Petition by Investor to Remove Conditions
- United States Code: 8 U.S.C. 1153, Allocation of immigrant visas
- USCIS: Form G-1055, Fee Schedule