A qualified EB-5 project is one that meets the eligibility standards established by U.S. immigration law and is properly filed with U.S. Citizenship and Immigration Services (USCIS). To be considered compliant, a project must demonstrate:
- Job Creation
Each EB-5 investment must be structured to create at least ten full-time U.S. jobs per investor. For regional center projects, this can include direct, indirect, or induced jobs as supported by economic methodology.
- Comprehensive Documentation
The project must submit a detailed package to USCIS showing that it satisfies EB-5 program requirements. This includes but is not limited to a compliant business plan, economic impact report, capital structure documentation, and project-related agreements.
- Targeted Employment Areas (TEAs)
Projects located in a TEA (rural or high-unemployment area) qualify for the reduced minimum investment amount of $800,000. Standard, non-TEA projects require the standard $1,050,000 investment.
- At Risk Requirement
In order for an EB-5 investment to qualify, the EB-5 investor must place his or her capital at risk for the purpose of generating a return. U.S. Citizenship and Immigration Services (USCIS) requires that the capital be subject to potential gain or loss for the duration of the sustainment period.