EB-5 Requirements
Updated this week · Source: Immigration and Nationality Act
EB-5 requirements consist of four core elements. First, a qualifying investment of at least $800,000 (TEA) or $1,050,000 (standard) in a new commercial enterprise. Second, the investment must create or preserve at least 10 full time jobs for qualifying U.S. workers. Third, the investor must demonstrate that the capital was obtained through lawful means with documented source of funds. Fourth, the capital must be placed at risk for the purpose of generating a return, with no guaranteed repayment. There is no age requirement, no English language requirement, no educational requirement, and no prior business experience requirement. The investor does not need a U.S. employer sponsor or job offer. EB-5 is the only employment based green card category available to individuals based solely on their investment rather than their professional qualifications. Source: Immigration and Nationality Act, as amended by the EB-5 Reform and Integrity Act of 2022.
Core Requirements Summary
| Requirement | Detail | Authority |
|---|---|---|
| Capital Investment | $800,000 (TEA) or $1,050,000 (standard) | INA § 203(b)(5) |
| Job Creation | 10 full time positions for qualifying U.S. workers | INA § 203(b)(5) |
| Source of Funds | Lawful means, documented with financial records | 8 CFR § 204.6 |
| Capital at Risk | No guaranteed repayment or predetermined exit | Matter of Izummi |
Requirements established by the Immigration and Nationality Act, as amended by the EB-5 Reform and Integrity Act of 2022.
For details on how eligibility criteria are verified and documented, see our methodology page.
Frequently Asked Questions
Is there an age requirement for EB-5?▼
No. There is no minimum or maximum age requirement for EB-5 investors. Applicants of any age may file an I-526E petition, provided they meet the investment and source of funds requirements. Minor children are typically included as derivative beneficiaries on a parent's petition rather than filing independently.
Do I need to speak English to qualify for EB-5?▼
No. The EB-5 program has no English language requirement. Unlike some other immigration categories, there is no language test at any stage of the EB-5 process. The naturalization process (citizenship) does include an English test, but that is a separate process that occurs years after obtaining a green card.
Do I need a job offer or U.S. employer sponsor?▼
No. EB-5 is the only employment based green card category that does not require a U.S. employer sponsor or job offer. The investor themselves creates the qualifying employment through their capital investment. This self-petitioning feature is one of the primary advantages of the EB-5 category.
What counts as lawful source of funds?▼
Common lawful sources of EB-5 investment capital include: earnings from employment or business operations, sale of real estate or business assets, inheritance or gifts (with documentation of the donor's lawful acquisition), investment returns, and loans secured by the investor's personal assets. USCIS requires comprehensive documentation tracing the funds from origin through transfer to the EB-5 project.
How many jobs must an EB-5 investment create?▼
Each EB-5 investment must create or preserve at least 10 full time positions for qualifying U.S. workers. For regional center projects, indirect and induced jobs (calculated using economic models such as RIMS II or IMPLAN) count toward the requirement. For direct investment projects, only direct full time employees count. A full time position is defined as 35 or more hours per week.
Related Pages
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