Investment and job creation
The EB-5 visa category generally requires an investment of $1,050,000, or $800,000 for a qualifying targeted employment area or infrastructure project under the current statutory framework. These amounts are subject to future statutory adjustment. A qualifying EB-5 investment must meet the applicable at-risk requirements: by definition the investment cannot promise a guaranteed return of the original capital.
The enterprise must create at least ten qualifying full-time jobs for American workers. The project’s location, capital structure, and job creation methodology must all meet regulatory requirements.
Documenting the lawful source and path of funds
An EB-5 green card case requires more than a bank balance. The filing must show how the investor originally obtained the money and trace its pathway into the investment. Business earnings, property sales, gifts, inheritance, and loans all require different documentation.
Tax returns, ownership records, contracts, banking documents, and evidence concerning a donor or lender may be relevant. Missing pieces in documentation can delay a case even when the underlying funds were lawfully earned. Investors should plan with EB-5 requirements in mind before transferring money or completing a transaction.
The filing sequence
Standalone investors generally use Form I-526; regional center investors use Form I-526E. If the petition and residence requirements are met, the investor and qualifying derivatives initially receive conditional permanent residence. Form I-829 is later used to seek removal of the investment-related conditions.
Visa availability, reserved visa categories, admissibility, and eligibility for an immigrant visa or adjustment of status must all be verified separately.
Immigration review and investment review serve different purposes
Moro Legal can evaluate the immigration requirements, source-of-funds evidence, and proposed filing strategy. Advice on financial, securities, tax, and commercial due diligence often requires separate qualified professional advisers. Government designation of a regional center does not guarantee an investment’s safety or the approval of an individual petition.
For an initial attorney consultation, prepare a summary of the proposed investment or business plan, including an explanation of the source of the capital, any EB-5 project materials already received, and the family’s prior U.S. immigration history. It is easier to address documentation problems before the investment is committed.
