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EB-5’s requirements for investor status

EB-5 Investment

EB-5 process for investment to approval

One of the law’s principal requirements is that the investor must invest or be actively in the process of investing at least $1 million in the enterprise.
The law gives flexibility to the USCIS to raise the $1 million figure as high as $3 million for “high employment areas” and to lower the figure as low as $500,000 for “targeted employment areas.”

EB-5

source of funds

In multiple investor situations, each investor seeking permanent residence must make a minimum qualifying investment or be actively in the process of making a qualifying investment.
The rules define “invest” to mean the contribution of capital.
A debt financing arrangement between the alien and the new commercial enterprise in which the alien is acting solely as a creditor does not constitute a contribution of capital.

The rules define capital to include:
(1)
cash;
(2) equipment;
(3) inventory;
(4) other tangible property; and

EB-5 Funding

investment visa

A mere intent to invest, or prospective investment arrangements entailing no present commitment will not suffice to establish that the petitioner is actively in the process of investing.
(1) the deposit of monies in the enterprise’s business accounts;
(2) the purchase of assets for use in the U.S. enterprise;
(3) the transfer of assets from abroad for use by the commercial enterprise;
(4) the transfer of monies to the commercial enterprise in exchange for shares of stock; and