To qualify under the EB-5 visa requirements, a foreign national must invest either $1,050,000 in a U.S. business, or $800,000 if the business sits in a rural area, a high-unemployment zone, or qualifies as an infrastructure project, and that investment must create at least 10 full-time jobs for U.S. workers. The money has to be lawfully sourced and genuinely at risk, the investor has to be admissible to the United States, and the green card that arrives at the end is conditional for two years before it becomes permanent.
Every piece of that sentence matters. Below is what each requirement actually demands.
How Much You Have to Invest
The EB-5 Reform and Integrity Act of 2022 set the current thresholds. The standard minimum is $1,050,000. The reduced minimum of $800,000 applies when the project operates in a designated rural area, a high-unemployment zone, or qualifies as an infrastructure project.1Office of the Law Revision Counsel. 8 USC 1153 – Allocation of Immigrant Visas
These figures are not permanent. Starting January 1, 2027, and every five years after that, both amounts adjust automatically based on cumulative CPI-U changes since March 2022, rounded down to the nearest $50,000. The reduced amount will always sit at 75 percent of the standard amount after adjustment.1Office of the Law Revision Counsel. 8 USC 1153 – Allocation of Immigrant Visas
What “At Risk” Means
Wiring money into an account does not satisfy the program. The full investment must face a real possibility of loss, with returns tied to whether the business succeeds. USCIS rejects several arrangements that look like investments but insulate the investor from downside.
A buyback obligation, whether tied to a date or a triggering event, disqualifies the capital. Guaranteed returns or promises of repayment kill any portion covered by the guarantee. Money parked in reserve rather than deployed toward job creation fails the test. And a straight loan from the investor to the business, structured as a note, bond, or convertible debt, does not qualify as an investment at all.2U.S. Citizenship and Immigration Services. EB-5 Training Materials – At Risk, Escrow Issues, Common Investing Scenarios
The 2022 law added a sustainment rule. For petitions filed on or after March 15, 2022, the entire investment must remain deployed and at risk for at least two years. The clock starts when the full amount has been committed to the business and made available to the job-creating entity. Investors paying in installments do not start the two-year period until the final installment is made available.
The 10-Job Requirement
Each investment must create at least 10 full-time positions for qualifying U.S. workers, meaning citizens, permanent residents, or other immigrants authorized to work. Full-time means at least 35 hours per week. The investor, spouse, and children cannot be counted toward the minimum.3Legal Information Institute. 8 USC 1153 – Procedure for Granting Immigrant Status
How those jobs get counted depends on the path.
Direct Investment
A direct (standalone) investment requires the investor to take an active role in the business. The 10 jobs must be actual W-2 employees on the enterprise’s payroll. This offers control but demands hands-on management and is harder to document for investors unfamiliar with U.S. employment practices.
Regional Center Investment
Regional centers are USCIS-designated organizations that sponsor EB-5 projects. These investments are typically passive. The major advantage is job counting: regional center projects can include indirect jobs (positions at businesses that supply the project) and induced jobs (positions supported by employee spending in the local economy). These are estimated through economic modeling software such as RIMS II, IMPLAN, or REDYN. That flexibility is why most EB-5 investors go the regional center route.
What Counts as the Business
Every EB-5 investment must flow into a “new commercial enterprise,” meaning any for-profit entity formed to provide goods or services — corporations, limited partnerships, holding companies, and similar structures. Any business established after November 29, 1990, automatically qualifies. An older business can qualify if it was purchased and restructured into a fundamentally new entity, or if the investment expands it by at least 40 percent in net worth or number of employees.4U.S. Citizenship and Immigration Services. About the EB-5 Visa Classification
Infrastructure projects are a special subcategory available only through regional centers. These are public works administered by a federal, state, or local government entity that contracts with a regional center or new commercial enterprise to receive EB-5 capital. Highways, transit systems, water treatment facilities, and government-run hospitals or schools are examples. They qualify for the $800,000 threshold regardless of location.5U.S. Citizenship and Immigration Services. EB-5 Questions and Answers – EB-5 Reform and Integrity Act of 2022
Targeted Employment Areas and Visa Set-Asides
The $800,000 threshold is only available in a Targeted Employment Area or on a qualifying infrastructure project. A rural area is any location outside a metropolitan statistical area and outside the boundaries of any city or town with a population of 20,000 or more, based on the most recent census. A high-unemployment area is a census tract (or group of contiguous tracts) where the weighted average unemployment rate reaches at least 150 percent of the national average.4U.S. Citizenship and Immigration Services. About the EB-5 Visa Classification
Before the 2022 reforms, individual states made these designations. USCIS now controls them under a uniform federal standard. The designation must be valid at the time of investment.
The 2022 law also reserves portions of the roughly 10,000 annual EB-5 visas:4U.S. Citizenship and Immigration Services. About the EB-5 Visa Classification
- 20 percent for rural areas
- 10 percent for high-unemployment areas
- 2 percent for infrastructure projects
Rural investors get the lower threshold, a dedicated visa pool with shorter waits, and priority processing that targets a one-year turnaround. Investors in the unreserved category compete for 68 percent of available visas, and applicants from China and India can face multi-year backlogs there.
Proving Where the Money Came From
USCIS traces every dollar from its original source to the U.S. enterprise. The burden falls entirely on the investor to prove lawful origin, and gaps in the paper trail are where most EB-5 petitions run into trouble.
For petitions filed on or after May 14, 2022, the investor must submit seven years of personal tax returns from any taxing jurisdiction worldwide. Business tax records, foreign business registration documents, and evidence identifying every other source of capital are also required. Investors must disclose certified copies of any monetary judgments against them and any pending civil or criminal actions, and identify every person who transfers funds into the United States on their behalf.6U.S. Citizenship and Immigration Services. Volume 6 – Part G – Chapter 2 – Immigrant Petition Eligibility Requirements
If the capital came from a property sale, expect to provide sales contracts, deed transfers, and bank statements showing the proceeds. Gifts and loans are permitted for post-May 2022 petitions, but the donor or lender’s own funds must be documented to the same standard. A gift requires a formal letter stating no repayment is expected.6U.S. Citizenship and Immigration Services. Volume 6 – Part G – Chapter 2 – Immigrant Petition Eligibility Requirements
Currency exchanges must go through authorized channels, and funds must clear reputable banks. Any inconsistency or unexplained jump invites a Request for Evidence or an outright denial.
Admissibility to the United States
Meeting the financial and job-creation criteria does not guarantee a green card. Every EB-5 applicant must also satisfy the general admissibility requirements under the Immigration and Nationality Act.7Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
The review covers criminal history, health, and national security. Violent crimes, drug trafficking, or controlled substance violations can trigger a permanent bar. A medical examination must confirm the absence of communicable diseases of public health significance. Ties to extremist organizations or espionage disqualify an applicant on security grounds. Prior immigration fraud, including misrepresentation on any prior visa application, can create permanent ineligibility.
All EB-5 investors and their dependents attend a biometrics appointment where USCIS collects fingerprints, photographs, and a digital signature for FBI and Department of Homeland Security background checks.
The Green Card Is Conditional First
Approval of the initial petition does not deliver a permanent green card. The investor receives conditional permanent resident status for two years. Within the 90-day window immediately before the second anniversary of that status, the investor must file Form I-829 to have the conditions removed.8Office of the Law Revision Counsel. 8 USC 1186b – Conditional Permanent Resident Status for Certain Alien Entrepreneurs, Spouses, and Children
The I-829 petition must show three things: the investor contributed the required capital, the investment created (or is actively creating) the required 10 jobs, and the investment otherwise conforms to program rules. If jobs have not fully materialized by the filing date, the investor can still qualify by showing the jobs will be created before the third anniversary of admission, provided the capital remains invested.8Office of the Law Revision Counsel. 8 USC 1186b – Conditional Permanent Resident Status for Certain Alien Entrepreneurs, Spouses, and Children
USCIS conducts a site visit to the business location as part of I-829 review.9U.S. Citizenship and Immigration Services. Volume 6 – Part G – Chapter 7 – Removal of Conditions
Tax Obligations That Come With the Green Card
This catches many EB-5 investors off guard, so it belongs in any honest account of what the visa demands. Once you become a U.S. permanent resident, you owe tax on your worldwide income, not just income earned inside the United States. That covers rental income from property overseas, dividends from foreign corporations, and interest from accounts abroad.
Permanent residents with foreign financial accounts also face reporting requirements. If the combined value of your foreign accounts exceeds $10,000 at any point during the year, you must file a Report of Foreign Bank and Financial Accounts (FBAR, FinCEN Form 114). The FBAR is filed separately from your tax return and is due April 15, with an automatic extension to October 15.10Internal Revenue Service. Report of Foreign Bank and Financial Accounts (FBAR)
Penalties are steep. Non-willful FBAR violations can reach over $16,000 per year, per account. Willful violations jump to the greater of roughly $165,000 or 50 percent of the account balance. The Foreign Account Tax Compliance Act separately requires Form 8938 with your tax return if your foreign financial assets exceed certain thresholds, with penalties starting at $10,000 for failure to file. Investors with interests in foreign trusts or corporations may also need to file Forms 3520 and 5471. Speaking with a cross-border tax professional before you file the I-526 or I-526E is worth the cost.