Each applicant / investor is required to invest a minimum of $500,000 providing that the business is within a Targeted Employment Area ( TEA ). A TEA is a high unemployment area which is suffering 150% of the national average unemployment statistic. For all other areas outside of a TEA, an investment of $1,000,000 is required.
Each foreign national EB-5 Visa investor must create at least 10 full‑time US based jobs as a result of their investment. Unlike the AmeriPath program, the job creation requirement of Regional Centers often utilises both direct and indirect job creation to prove they have met the USCIS requirement. However the vast majority of Regional Centers are having significant problems with their indirect job economic analyses. If the investment is not through an approved Regional Center the jobs must be directly created by the entity that the investor is participating in.
The investor must demonstrate that its EB-5 Visa investment capital is from a legal source.
The regulations prohibit the use of assets acquired, directly or indirectly, by unlawful means (such as criminal activities). It is a requirement to document the legal acquisition of the EB-5 Visa investment funds. EB-5 Visa investment requirements.
Lawful source of funds cannot be proven merely by submitting bank letters or statements documenting the deposit of funds. Without clear documentation of the path of the funds, the investor will be unable to prove that the funds are legally theirs. The EB-5 investor can also show a ‘pattern of income’ to justify the EB-5 investment.
Income tax records should be submitted, preferably for a period beyond the five year minimum required in the regulations. An investor may also provide details of savings and personal investment records including the sale of assets such as a property in order to prove that there is a credible claim that the necessary funds were accumulated legally over a period of time.
There can be no written guarantees given in relation to an EB-5 Visa investment and invested funds must be seen as being ‘at-risk’ as per federal guidelines – not simply a loan. There can be no mention of redemption rights or guarantees in any documentation. Guarantees of return of any capital are strictly prohibited and can negate the ‘at risk’ requirement of the EB-5.