EB-5 Visa Requirements: Eligibility and Criteria Explained
It's important to understand the EB-5 visa requirements before you begin your investment journey to US residency.
While the programme is open to a wide range of investors, applicants must meet strict financial, legal, and job creation criteria to qualify.
This guide covers the EB-5 visa requirements, who can apply, and other key details to help you through the process.
EB-5 visa requirements overview
To qualify for the EB-5 Immigrant Investor Visa, foreign nationals need to invest at least $800,000, or $1,050,000 if the project is not in a targeted employment area. They must also create at least 10 full-time positions for US workers and show that their investment funds come from a legal source.
| Requirement | Details |
|---|---|
| Investment amount | $800,000–$1,050,000 |
| Job creation | Minimum 10 full-time jobs |
| Source of funds | Must be lawful and documented |
| Investment type | Must be "at risk" |
EB-5 requirements in detail
EB-5 applicants must meet several key criteria, mostly centred around investment and job creation.
Minimum investment requirement
If you invest in an EB-5 project located in a targeted employment area (TEA), the minimum required amount is lower.
The minimum EB-5 investment requirements are:
- $800,000 in a TEA project
- $1,050,000 in a non-TEA project
TEAs are rural areas or places with high unemployment. For more information, see our targeted employment area guide.
Job creation requirement
EB-5 investors must create or preserve at least 10 full-time jobs for US workers. This is one of the most important requirements for approval.
Key points:
- Jobs must be full-time (minimum 35 hours per week)
- The positions must be permanent, not temporary roles
- Positions must be for qualifying US employees
- The job creation requirement must be fulfilled within two years of becoming a conditional permanent resident
If you invest through a regional centre, you have more flexibility because direct, indirect, and induced jobs all count toward the EB-5 job-creation requirement.
To learn more, read our guide on EB-5 job creation requirements.
Source of funds
You must show that your investment funds were obtained legally. This means you need to provide supporting documents to the United States Citizenship and Immigration Services (USCIS).
Acceptable sources include:
- Employment income
- Business profits
- Property or asset sales
- Gifts or inheritance
The paperwork and filing process can be complex, so many people work with an immigration attorney.
At-risk investment
EB-5 investments are required to be "at risk", meaning:
- There is no guarantee of a return
- Capital must be subject to gain and loss
- Funds must be actively invested in a qualifying investment project
EB-5 eligibility: who can apply?
The EB-5 visa is open to most foreign nationals who can meet the financial and legal requirements.
You may qualify if you:
- Can meet the EB-5 investment requirements
- Can prove the funds came from a lawful source
- Are willing to meet job creation requirements
There are no requirements for:
- Education level
- English language ability
- Work experience
This makes the EB-5 one of the most accessible US visa categories in terms of eligibility.
How requirements apply to the EB-5 process
EB-5 requirements must be satisfied throughout the application journey.
- At the start: you must meet the investment and lawful source of funds criteria
- During the process: your investment must remain compliant
- At the final stage: you must prove you have fulfilled the job creation criteria
Read our guide to learn more about the EB-5 visa process.
How requirements impact EB-5 costs
EB-5 visa requirements go beyond simply investing the required amount. You should also expect:
- Legal fees
- Administrative costs
- Government filing fees
For a full breakdown, read our EB-5 visa costs guide.
EB-5 requirements vs other US visas
EB-5 requirements focus on capital and job creation, while other employment-based visas focus on skills and employment.
- EB-1: For those with extraordinary ability
- EB-2: Requires advanced qualifications or exceptional ability
- EB-3: Sponsorship from a US employer is needed to qualify
- EB-4: Reserved for 'special immigrants'
Read a full breakdown of the other employment-based US visas to learn more.
Your next step towards US residency
The EB-5 visa offers a direct way for foreign investors to get permanent resident status in the US.
However, meeting the programme's requirements can be complicated, especially when it comes to paperwork and compliance. Getting professional guidance can help you avoid costly mistakes and give your application the best chance of success.
Speak with one of our experts to check your eligibility and move forward with confidence.