EB-5 Visa Requirements

 The EB-5 Visa is available to immigrant investors who seek to enter the U.S. by investing at least $1,000,000 or $500,000 in a Targeted Employment Area. The Visa was created to bring in a more qualified investor to the U.S. soil and create more job opportunities for the citizens. Towards this end, EB-5 Visa applicants must invest in three categories: creating new commercial enterprise; investing in a troubled business, and investment made through regional centers.

Creating New Commercial Enterprise To Qualify…

  • Invest or be in the process of investing at least $1,000,000 anywhere in the U.S. or at least $500,000 in a designated Targeted Employment Area (areas where the unemployment rate is at least 150% higher than the national average).
  • Create full-time employment opportunities for at least 10 U.S. workers, including Green Card Holders and other individuals lawfully authorized to work in the United States.
  • Benefit U.S. economy by providing or producing goods and services to the U.S. market.

How does the U.S. benefits from the EB-5 Visa Program?

  • Invest in an existing business that is at least two years old.
  • Invest in a business that has suffered net loss for 12 to 24 months’ time before you filed the I-526 Petition as an immigrant investor.
  • The loss suffered by the business (for the 12 to 24 months’ time) must be equals to or greater than 20% of the business’s net worth before the loss.
  • Maintain the pre-investment number of jobs for at least two years.
  • Be involved in the day-to-day running of the business or directly manage the business by working as corporate officer or board member.
  • The investment amount is the same as Creating New Commercial Enterprise, i.e. $1,000,000 or $500,000 for a designated Targeted Employment Area.

Investment Made Through Regional Centers

A Regional Center is a publicly or privately owned economic unit that promotes economic growth, improved productivity, job creation and domestic capital investment in a designated regional area. The concept of Regional Center Program was introduced 1992 by the Congress, and since then near about 92% of EB-5 investment has been made through this program.

To Qualify…

  • Invest at least $1,000,000 or $500,000 in a Regional Center involved with a new commercial venture or a troubled business located within the area of the USCIS designated Regional Center.
  • Create at least ten new jobs for every investor, whether directly or indirectly, through the capital invested by the immigrant investor.

Source of Funds

It is crucial to show a legal path for the funds that an applicant is investing for obtaining an EB-5 Visa. For this purpose, the applicant may have to provide tax returns, savings, business records, etc that can reveal the way through with the fund is accumulated.
Following are the accepted fund raising ways for applying for an EB-5 Visa:

  • Legal business
  • Other legal foreign or U.S. source including gifts, loans and divorce settlement
  • Borrowed capital where the loan is secured with borrower’s assets

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“Forever grateful for the help and expertise that California EB-5 provided me and my family. Our dreams have come true and we have a brighter future…”
“Forever grateful for the help and expertise that California EB-5 provided me and my family. Our dreams have come true and we have a brighter future…”

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