In order to be eligible, a foreign national must satisfy the following requirements:

• Demonstrate that his investment was legally earned through source of funds documentation
• Pass the USCIS criminal and medical screenings, and
• Demonstrate that (s)he will not become a public charge.

The minimum investment, assuming it is made through a Regional Center in a Targeted Employment Area, is $800,000 plus any administrative fees, legal expenses, and application fees.

A Targeted Employment Area is a geographical area that has experienced unemployment at a rate of at least 150% of the average U.S. national rate. Each year, the U.S. Department of Labor releases annual employment data and TEA designation.

An EB-5 Regional Center is an organization certified by USCIS to raise capital under the EB-5 Program. A Regional Center may be an affiliate of the developer or an independent company.

The investor’s immigration attorney will file the I-526E petition along with documentation that demonstrates that his source of funds were lawfully obtained. Once the I-526E petition is approved by USCIS, the investor receives a conditional green card valid for 2 years. After the investor completes his two year residency requirement in the U.S., he is eligible to have his immigration attorney file an I-829 petition to remove the conditions and receive his permanent green card.

Yes, the investor may live, work, and study anywhere in the U.S. regardless of what state he made the investment in, once he has received his conditional green card.

The investor must demonstrate that the investment remained “at risk” and that the Regional Center created the required 10 jobs for his investment. The Regional Center is responsible for providing the documentation substantiating the job creation.