The EB-5 program goal is to promote economic growth. There are very specific requirements placed on the potential investor as highlighted below:
All EB-5 investors must invest in a new commercial enterprise, which is defined as any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:
Job Creation Requirements
Note: Investors may only be credited with preserving jobs in a troubled business.
A qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. A job-sharing arrangement whereby two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met.
Capital Investment Requirements
Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Note: Investment capital cannot be borrowed.
Required minimum investments are:
A targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.
A rural area is any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.