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3 Qualification Criteria for the EB-5 Investor Visa November 19, 2019

Financial District, Manhattan
3 Qualification Criteria for the EB-5 Investor Visa, Manhattan, New York

The EB-5 visa is reserved for foreign nations who plan on making substantial investments in an American business or starting a new company in the U.S. Unlike most work-related visas, the EB-5 provides foreign investors with a path to permanent residence and even citizenship, although immigration law limits eligibility. Understanding the qualification criteria will help increase your chances of successfully obtaining the EB-5 status.

Eligibility Requirements for the EB-5 Visa

1. Minimum Investment

Investors hoping to obtain an EB-5 visa must be able and willing to invest a minimum of $900,000 to $1.8 million in their own business or an existing U.S. company. However, the money must be yours alone, so you can’t pool resources with several other people to qualify for residency. Immigration law officials will also investigate the source of the funds to ensure they were obtained through lawful means, so be prepared to show earning statements, sales documents, or other evidence.

2. Job Creation

immigration lawTo ensure that foreign investments actually benefit the American economy, EB-5 applicants must show that they plan to create at least 10 jobs within the first two years. You may do this by creating your own investment plan or working with an approved regional center. These local organizations run businesses that create jobs, which make them an ideal option for those who are more interested in the immigration benefits of the EB-5 visa.

3. Maintaining an Active Role

For the first two years, successful applicants must maintain an active leadership role in the company, which means you can’t simply purchase a share in an existing company. After the conditional period expires, you may legally work for another company, start a second business, or step back from the business entirely if you wish.


If you’re considering applying for an investor’s visa, having a skilled immigration law attorney will be instrumental in achieving your goals. For nearly 15 years, Berd & Klauss, PLLC in New York City has provided detailed guidance and exceptional service to immigrants from around the world, offering effective advice informed by an updated understanding of the constantly changing system. Visit their website to learn more about their immigration law services, or call (212) 461-7152 now to consult with an experienced attorney.