To qualify for an EB5 green card, the investor must make a qualifying investment in a new commercial enterprise, place the required capital at risk, show a lawful source of funds, and meet the job creation rules that apply to the case. A strong EB5 filing usually depends on the investment amount, the project structure, the source of funds record, and the way the case is built from the initial filing through the later removal of conditions.
Current EB5 investment amounts
Current EB5 cases usually involve an investment of $800,000 or $1,050,000 depending on the type and location of the project. The page should use current investment language throughout and should not use the old $500,000 to $1,000,000 wording.
New commercial enterprise
A strong filing should clearly explain the new commercial enterprise receiving the investment. The petition should describe the business or project structure clearly and should show how the investment fits the EB5 framework.
Capital at risk
The investment should be structured in a way that satisfies the EB5 at-risk requirement. The filing should explain the investment terms clearly and show how the capital is committed under the rules of the program.
Lawful source of funds
One of the most important parts of an EB5 case is the lawful source of funds record. A strong filing should clearly explain where the investment funds came from and should document the movement of funds in a way that is easy to follow.
Job creation
A strong EB5 case must address job creation carefully. The filing should explain how the project or business will create the required jobs and how that job creation will be documented later in the case. The case should make clear how the investment is tied to the required employment creation.
Regional center EB5
Many current EB5 cases are filed through regional center projects. In these cases, the filing should explain the project structure, the regional center framework, and the job creation methodology clearly.
Direct EB5
Some investors use direct EB5 rather than a regional center project. A strong direct EB5 filing should clearly explain the business structure, the investor’s role, and the direct job creation plan.
Targeted employment area, rural, and high-unemployment issues
Many users search for rural EB5, targeted employment area cases, and high-unemployment projects. A strong filing should explain whether the case is based on a targeted employment area, a rural project, a high-unemployment project, or another qualifying structure tied to the current investment amount.
I-526E and I-829 process
A strong EB5 page should explain that the investor case is not just about the first filing. Current EB5 users also search for I-526E, conditional residence, and I-829 removal of conditions, so the page should speak to the full process and not only the initial investment.
Common evidence in stronger EB5 cases
Strong filings often include:
- investment records
- source of funds documentation
- bank transfer records
- business or project documents
- offering materials where relevant
- job creation evidence
- enterprise records
- project structure documents
- filings tied to the investor’s immigration process