EB-5 Visa Requirements: Investment Amounts, Job Creation, and Eligibility

Qualifying for the EB-5 visa is not complicated on the surface, but USCIS applies strict scrutiny to every requirement. You must invest the correct amount, demonstrate that your capital comes from legal sources, prove your investment is truly at risk, and show that your project will create real jobs for American workers. This guide breaks down every requirement you must meet to succeed.

Last verified: 2026-02-08

The EB-5 program rests on two non-negotiable requirements: you must invest capital, and that capital must create jobs.

Investment Requirement: You must invest $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in a non-TEA area (2026 amounts)[1]. These amounts are indexed annually for inflation, so they may change each year. Your investment must be deployed into a "new commercial enterprise," which USCIS defines as a for-profit business created after November 29, 1990, or an existing business that has been restructured.

Job Creation Requirement: Your investment must create at least 10 full-time jobs for individuals who are U.S. citizens, permanent residents, or other workers authorized to work in the United States[1]. These jobs must be permanent, not temporary or seasonal.

Without both elements, your petition will be denied. You cannot substitute a larger investment for fewer jobs, nor can you create jobs without investing the required amount.

Understanding the investment threshold is critical because choosing the wrong project structure can cost you money.

TEA Investment (Targeted Employment Area): $800,000 in 2026[1]. A TEA is either a rural area (outside a Metropolitan Statistical Area) or an area with high unemployment (at least 150% of the national average unemployment rate). The lower threshold incentivizes investment in economically disadvantaged regions. However, TEA status has become more complex and subject to verification.

Non-TEA Investment: $1,050,000 in 2026[1]. This applies to projects in urban areas or areas not meeting high-unemployment criteria. The higher investment amount reflects that you are not targeting a priority economic development area.

The difference is significant. A $250,000 savings through a TEA investment makes a major financial difference. However, ensure that the TEA designation is legitimate and properly documented. Under the EB-5 Reform and Integrity Act of 2022, USCIS now has primary authority over TEA designations[2], meaning regional centers or job creation consultants cannot unilaterally determine TEA status.

USCIS requires you to prove that your $800,000-$1,050,000 comes from a lawful, legitimate source. This is one of the most heavily scrutinized requirements. Investigators will trace your funds back to their origin.

Lawful sources include:

• Employment Income: Wages, salary, bonuses, or other earned income from employment documented by tax returns, W-2s, and employment contracts
• Business Income: Income from self-employment, partnerships, or business ownership documented by business tax returns, profit-and-loss statements, and corporate records
• Investment Returns: Income from the sale of securities, real estate, or other investments documented by brokerage statements and purchase/sale records
• Inheritance: Funds received from a family member's estate documented by will, probate documents, and bank transfers
• Gifts: Funds given to you by family members with no expectation of repayment documented by gift letters and bank transfers
• Property Sale Proceeds: Money from the sale of real estate or other property documented by closing statements and deed transfers
• Retirement Account Withdrawals: Distributions from 401(k), IRA, or pension accounts documented by account statements
• Savings: Funds accumulated from any lawful source and held in bank accounts documented by account history

Unlawful sources include:

• Criminal proceeds: Income from drug trafficking, theft, fraud, corruption, or other crimes
• Sanctions-related funds: Money connected to individuals or entities on government sanctions lists
• Unexplained deposits: Large amounts deposited into your account with no documentation of where they came from
• Loans with undisclosed terms: Borrowing that appears to be an investment with hidden repayment obligations

USCIS will request extensive documentation: bank statements covering years before your investment, tax returns, gift letters with affidavits, inheritance documentation, business records, and more. If you cannot explain the origin of your capital, your petition will be denied.

Red flags for USCIS:

• Large cash deposits with no explanation
• Rapid fund movement suggesting money laundering
• Source of funds differing from what tax returns suggest
• Inconsistencies between your stated occupation and the funds you possess
• Commingled funds with unclear origins

Plan to gather at least 2-3 years of bank statements showing your savings accumulation or the sources of large deposits.

Your $800,000-$1,050,000 must be "at risk," meaning you genuinely could lose it if the business fails. This requirement prevents arrangements where you receive guarantees, make unsecured loans to yourself, or otherwise de-risk your investment[1].

At-risk investment means:

• No Principal Guarantees: The project cannot guarantee that you will get your capital back
• No Preferred Returns: You cannot have a contractual guarantee to receive a specific percentage return on your money
• Real Loss Potential: If the business fails, you lose your investment like any other investor
• Equity or Debt at Risk: You are either an equity investor (owning a share of the business) or a debt investor (having a loan with real business risk)

At-risk investment does NOT mean:

• You receive no return (you may receive profits or distributions if the business succeeds)
• You have no investor protections (you can have standard investor rights like information access)
• You guarantee all job creation (the business must make reasonable efforts, but market conditions can prevent full job creation)

Common violations of the at-risk requirement:

• A project promises to return your principal after a set time period
• The regional center or project sponsor guarantees a specific return (e.g., "8% annual return")
• You receive a salary or management fee regardless of business performance
• The project is structured so that the sponsor, not you, bears real loss risk

USCIS scrutinizes at-risk investments carefully. If your investment appears structured to eliminate your risk, your petition will fail. Legitimate investments carry genuine downside risk.

The 10-job requirement is the core of EB-5. Your investment must directly or indirectly create at least 10 full-time jobs for U.S. workers.

What qualifies as a job for EB-5 purposes:

• Full-time: At least 35 hours per week, based on Department of Labor standards
• Permanent: Expected to last for at least two years (the conditional green card period), not temporary or seasonal
• U.S. Worker: Employee must be a U.S. citizen, permanent resident, temporary visa holder (L-1, H-1B, etc.), or other worker authorized to work in the U.S.
• Created by the Enterprise: The job must be created by your investment in the new commercial enterprise (or result from the restructuring of an existing enterprise)

Job counting methods:

If you invest through a regional center, the center can count direct jobs (jobs within the enterprise you invest in), indirect jobs (jobs in suppliers), and induced jobs (jobs created by spending by workers in the enterprise)[3]. This flexibility is why regional centers are popular for EB-5.

If you invest directly (without a regional center), you typically can only count direct jobs, meaning jobs created within your specific business[3]. This makes direct investment less attractive unless your project naturally creates many jobs.

Job tracking and I-829 petition:

When you file your I-829 petition (to remove the conditions on your green card after two years), you must provide evidence that 10 jobs were actually created and have been maintained throughout the conditional period. Evidence includes:

• Payroll records and W-2s
• Employment contracts and offer letters
• Tax filings showing payroll expenses
• Bank records showing wage payments
• Job descriptions and duties documentation

Failure to prove job creation results in I-829 denial and potential deportation. This is why many investors fail at the end despite successful I-526 approval. Budget for rigorous job documentation from day one.

Beyond investment and jobs, you must be admissible to the United States. USCIS will deny your petition if you have:

• Criminal Convictions: Felonies, crimes of moral turpitude, drug crimes, or certain misdemeanors
• Fraud or Misrepresentation: Previous immigration fraud, loan fraud, or other deceptive practices
• Security Concerns: Links to terrorism, extremism, or foreign government activities
• Health Issues: Certain communicable diseases (requiring medical exam)
• Immigration Violations: Previous visa overstays or illegal presence in the U.S.
• Financial Concerns: Unpaid taxes or judgments

You will need to pass a background check and security investigation. USCIS will interview you and may request police clearances from your home country.

If you have concerns about admissibility (past immigration issues, criminal history, or security connections), consult with an immigration attorney before investing.

Your spouse and unmarried children under 21 can immigrate with you as derivative beneficiaries[1]. Children 21 or older must apply independently or remain behind.

If you have adult children who wish to immigrate, they may need to pursue their own EB-5 investments or other visa categories. Plan your family structure carefully before filing your petition.

USCIS will require extensive documentation to prove you meet all requirements. Prepare:

Organize all documents chronologically and clearly link them to your investment capital. Gaps in documentation or unexplained funds will cause delays or denials.

Unlike other employment-based visas, the EB-5 has no educational requirements, language requirements, or professional qualification requirements[1]. You do not need a college degree, fluency in English, or any specific skills or experience.

Your capital and investment decision-making ability are what matter.

• Weak TEA Documentation: Choosing a project claiming TEA status without verifying current USCIS recognition. TEA designations changed under the RIA, and some previously approved TEAs are no longer valid. Request current USCIS verification before investing.

• Commingled Funds: Mixing investment capital with personal funds makes tracing source of funds difficult. Maintain separate accounts and clear documentation of each deposit's origin.

• Inadequate Job Projections: Projects projecting job creation higher than what business plans realistically support. USCIS compares projections to industry norms. Overly optimistic projections raise red flags.

• Misunderstanding "At-Risk": Signing investment agreements with hidden guarantees or preferred returns that violate the at-risk requirement. Have your attorney review the full investment documents, not just summaries.

• Poor Record-Keeping: Failing to establish systems to track job creation from the beginning. Businesses that cannot document payroll for the I-829 filing fail at the finish line.

• Investing in Non-Qualifying Enterprises: Investing in a business that is not a "new commercial enterprise" or that was created before November 29, 1990, without proper restructuring documentation.

Q: What if I inherited money after my investment? Can I mix it with my investment funds? A: Once you have invested your capital and filed your I-526, you should not commingle additional funds with your investment. The investment amount and source are locked in your petition. Future inheritances are separate from your EB-5 investment.

Q: Can I use borrowed money as my investment capital? A: No, not in a way that violates the at-risk requirement. You cannot borrow money and then guarantee to repay it regardless of business performance. However, you can borrow as co-investors alongside your own capital, as long as the loan itself is at risk.

Q: Must all 10 jobs be in the United States? A: Yes. EB-5 jobs must be in the U.S. Jobs created outside the U.S. do not count toward your 10-job requirement.

Q: What if the project creates more than 10 jobs? A: Excellent. If the project creates 15 or 20 jobs, you still meet the requirement. Job creation is measured in absolute numbers, not as a percentage of investment.

Q: Can jobs be filled by my own family members? A: Generally, no. USCIS excludes family members of the investor or project owner from job count, to prevent paper jobs. However, jobs filled by the broader community (the regional center's other investors' relatives, unrelated employees) count.

Q: What is "restructuring" for an existing business? A: When an existing business (created before November 29, 1990) undergoes restructuring (ownership change, capital infusion, significant expansion), it becomes a "new commercial enterprise" for EB-5 purposes if the restructuring is substantial. Your attorney must properly document and structure the restructuring.

Q: Do I need to speak English to qualify for EB-5? A: No. Language is not a requirement for EB-5. You may need a translator for interviews or document translation, but fluency is not required.

Q: What happens if I have a criminal conviction? Am I automatically denied? A: Not necessarily, but many convictions are disqualifying. Crimes of moral turpitude, drug crimes, and crimes of violence typically result in denial. Consult with an immigration attorney to assess your specific situation before investing.

Q: Can I invest if I am currently on another visa (H-1B, L-1, etc.)? A: Yes. You can maintain your current status while pursuing EB-5. The two are separate processes. However, you must be able to leave your H-1B or L-1 employer if you wish.

EB5Status helps you verify that your potential investment meets EB-5 requirements and tracks your progress through the lengthy approval process. Specifically, EB5Status enables you to:

• Validate Project Requirements: Check whether your target project structure, investment amount, and job projections align with current USCIS standards for approval
• Track Requirement Completion: Monitor when you have gathered sufficient source-of-funds documentation and when your I-526 and I-829 are filed
• Compare Project Success Rates: See historical approval rates for similar projects and regional centers, helping you assess risk
• Monitor Processing Times: Understand current USCIS processing timelines for petitions like yours, so you know when to expect decisions
• Alert on Changes: Receive notifications when EB-5 requirements change (such as investment amount adjustments or new TEA rules)
• Organize Documentation: Maintain all your source-of-funds documentation, job creation records, and communication with your attorney in one secure location

The EB-5 requirements are clear and measurable: invest $800,000-$1,050,000 from lawful sources, ensure your capital is at-risk, and create 10 full-time jobs for U.S. workers. Beyond these core requirements, you must be admissible to the U.S., have family members under 21 (if they are to immigrate), and maintain meticulous documentation throughout the process.

Success requires understanding each requirement deeply and avoiding common pitfalls such as weak TEA documentation, at-risk violations, and poor job tracking. By meeting every requirement with precision and enlisting qualified legal and financial professionals, you position yourself for approval and ultimately, for permanent U.S. residency.

This article is for informational purposes only and does not constitute legal or investment advice. Consult a qualified immigration attorney and financial advisor before making any decisions.

[1] U.S. Department of Homeland Security, Citizenship and Immigration Services. "EB-5 Immigrant Investor Program Requirements." https://www.uscis.gov/eb5

[2] U.S. Congress. "EB-5 Reform and Integrity Act of 2022." Consolidated Appropriations Act of 2023. https://www.uscis.gov/i-526

[3] U.S. Department of Homeland Security, Citizenship and Immigration Services. "Job Creation and Counting." https://www.uscis.gov/eb5