EB-5 Investment Requirements
Detailed information on capital investment amounts, source of funds, and eligibility criteria.
Investment Amounts
Current minimum investment requirements as of March 15, 2022
Standard Investment
Required for investments in standard areas outside of Targeted Employment Areas or infrastructure projects.
- Most common investment type
- Wider project selection
- Standard processing timeline
TEA/Infrastructure Investment
Reduced amount for Targeted Employment Areas (TEA) or infrastructure projects with priority processing.
- 25% lower investment requirement
- Priority processing available
- Set-aside visa allocations
Source of Funds Requirements
Investment capital must be lawfully obtained and properly documented
Lawful Source
Capital must come from lawful sources including business income, salary, investments, inheritance, gifts, or property sales.
- Business ownership income
- Employment compensation
- Investment returns
- Property sales proceeds
Documentation
Comprehensive documentation required to trace the path of funds from source to investment.
- Bank statements
- Tax returns
- Business records
- Property transaction documents
Gift Funds
Gifted funds are allowed but require additional documentation from the gift giver.
- Gift deed or declaration
- Giver's source of funds
- Relationship documentation
- Bank transfer records
Capital Requirements
Essential criteria for qualifying investment capital
At Risk Investment
Capital must be placed at risk for the purpose of generating a return. Guaranteed returns or repayment arrangements are not permitted.
- No guaranteed principal return
- Commercial risk required
- Personal liability acceptable
- Debt financing allowed
Active Investment Process
Capital must be actually invested or in the active process of being invested at the time of petition filing.
- Funds must be committed
- Investment underway
- Capital transfer documented
- Enterprise established
Additional Requirements
Other important criteria for EB-5 eligibility
Job Creation
Each investment must create at least 10 full-time positions for qualifying U.S. workers (lasting at least 5 years).
Business Enterprise
Investment must be in a new commercial enterprise established after November 29, 1990, or restructured existing business.
Investment Duration
Capital must remain invested and at risk for at least 5 years during the conditional residency period.
Future Investment Adjustments
Investment amounts will automatically increase over time
Automatic Increases
Investment amounts will automatically increase on January 1, 2027, and every 5 years thereafter based on inflation adjustments.
- Indexed to Consumer Price Index
- Automatic every 5 years
- Applies to both standard and TEA amounts
- First increase scheduled for 2027
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