Investment Requirements

I-526 Application for Conditional Permanent Residence

1.     The applicant must invest in a new, expanding, or troubled business.

  • New: created or restructured after November 19, 1990
  • Expanding: existing net worth or number of employees by a minimum of 40%
  • Troubled: has existed for at least 2 years and incurred a net loss of at least 20% during the previous 12-24 month period. If investing in a trouble business investor petitions to the U.S. Citizenship and Immigration Services (USCIS) can be based on jobs ‘saved’ by the investment verse the investment creating 10 director or indirect jobs.

2.     The applicant must invest $1,000,000. If the project is in a Targeted Employment Area (TEA) the minimum investment requirement is reduced to $500,000. The investment must stay at risk throughout the entire process.

3.     The investor must demonstrate that the investment capital was “lawfully gained” and the required capital is at risk for investment purposes. Necessary documentation (primarily consisting of tax records for past 5 years) will need to be submitted to the USCIS for green card review – we suggest investors utilize one of the referred lawyers who specialize in EB-5 documentation to facilitate this process.

4.     The business must create at least 10 full-time jobs for U.S. workers.

5.     The investor must enter the U.S. within 180 days of visa issuance. The visa holder must demonstrate the “intent” to be a resident. This includes:

  • Renting or buying a home
  • Opening bank accounts
  • Obtaining a social security number
  • Obtaining a driver’s license
  • Paying applicable taxes

I-829 Application for Removal of Conditions

Investors must submit a Form I-829 within the 90-day window prior to the second anniversary of the investor’s admission into the U.S. as a conditional permanent resident.

1.     The investor must provide evidence that they invested the minimum investment amount in a new commercial enterprise.  Evidence may include:

  • federal tax returns;
  • audited financial statements; or
  • other new commercial enterprise business documents.

2.     The investor must prove that their investment was sustained and remained at risk in the new commercial enterprise throughout the two year conditional period. Evidence may include:

  • Invoices and receipts;
  • Bank statements;
  • Contracts;
  • Business licenses;
  • Federal or state income tax returns; and
  • Federal or state income quarterly tax statements.

3.     Investors must prove that their investment created ten full time jobs for U.S. workers.  Or, if the investor invested in a troubled business, they must prove that ten full time jobs for U.S. workers were maintained, that otherwise would not have been. Evidence may include:

  • Payroll records;
  • Relevant tax documents; and
  • Forms I-9 for employees.