Question 1: What is the minimum amount of investment required?

For investments in areas other than "targeted employment areas," the minimum amount of investment is $1 million. Investments in "targeted employment areas," including most regional center projects, can qualify with a minimum of $500,000.

Question 2: What is TEA " target employment area"?

A targeted employment area is a rural area or a geographical area that has experienced unemployment at a rate of at least 150% of the national average rate. Individual states are authorized to designate geographical areas within the state that qualify as targeted employment areas.

Question 3: Am I an "eligible investor"?

​In general, “eligible individuals” include those

A. Who set up a new commercial enterprise by:

  • Creating an original business;
  • Purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
  • Expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

B. Who have invested — or who are actively in the process of investing — in a new commercial enterprise:

  • At least $1,000,000, or
  • At least $500,000 where the investment is being made in a “targeted employment area,” which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and

C. Whose engagement in a new commercial enterprise will benefit the United States economy and

  • Create full-time employment for not fewer than 10 qualified individuals; or
  • Maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a “troubled business,” which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months

Question 4: Are there any specific rules regarding an investment in an existing business that enables the existing business to expand?

The investment must result in a 40% increase either in the net worth or the number of employees of the business. For example, if a business has a $5 million net worth and employs 50 people, the investment would qualify either if it increases net worth by $2 million or if it results in an expansion of 20 employees. It is not necessary to meet this test if the business was established after November 29, 1990.

Question 5: How do I remove conditions on my conditional green card?

In order to remove the two-year condition, eligible EB-5 investors must file a Form I-829, Petition by Entrepreneur to Remove Conditions. Form I-829 must be filed within 90 days before the second anniversary of an Alien Investor’s admission to the United States as a conditional resident.

Question 6: What is the timing of this process?

Currently, the I-526 petition is generally reviewed within three to six months for a direct EB-5 and often more than a year for a regional center EB-5. The conditional permanent residence process generally takes between six and twelve months depending upon whether the investor is in the U.S. or, if outside of the U.S., which consulate will be applicable. 

EB5 Frequently Asked Questions