Azure Brio Associates

EB-5 Immigrant Investor Visa

The United States provides multiple pathways to citizenship for foreign nationals who have certain qualifications that benefit the country. One of the most appealing options is the EB-5 Immigrant Investor Program, also known as the “Fifth Preference EB-5,” which allows foreign investors to invest in the largest economy in the world while obtaining a Green Card for themselves and their immediate family members.

However, the EB-5 Visa, like many other visas, has complex eligibility requirements and criteria that must be met, and it is frequently subjected to regulatory changes, which can be difficult to keep up with. For this reason, all immigration attorneys at Azure Brio Associates stay updated on the latest strategies and developments to improve your chances of getting approved.

An Overview of the EB-5 Immigrant Investor Program

The EB-5 Visa was introduced in 1990 as a part of a major revision of the U.S. immigration system. Its purpose is to encourage foreign investments and economic growth that will benefit American communities and workers. The EB-5 Visa is unique among immigrant visas because it is specifically aimed at commercial investors and entrepreneurs.

Unlike the E-2 Treaty Investor Visa, which is often mistaken for the EB-5 Visa, the EB-5 Visa allows an “Immigrant Investor,” along with their spouse and minor children, to obtain legal permanent residence (a Green Card) upon approval.

In contrast, the E-2 Visa is a “nonimmigrant” classification, and E-2 Treaty Investors must leave the U.S. once their investment activities are complete. Furthermore, the E-2 Visa is only available to citizens of certain “treaty countries,” whereas the EB-5 Visa is open to foreign nationals who meet its criteria.

Attorneys at Azure Brio Associates will work closely with you to determine which investment visa is best suited for you. However, if you are looking for an opportunity to reside permanently in the U.S. and eventually apply for American citizenship, the EB-5 Visa is a viable option worth exploring.

Eligibility requirements for the EB-5 Visa.

Like other immigration visas, the EB-5 Immigrant Investor Program has specific legal requirements that pertain to both the applicant and their activities in the United States. Each requirement has its own set of guidelines and legal definitions that must be closely examined and met. Terms such as “capital” or “commercial enterprise” have specific meanings for EB-5 purposes.

It is essential to note that EB-5 regulations are prone to change at the executive and legislative levels. Hence, it is suggested to seek advice from one of our Immigration attorneys to stay up to date with the latest developments.

First, you are required to invest capital in a fresh commercial enterprise that generates profit.

To qualify for the EB-5 Visa, you must invest capital in a new for-profit commercial enterprise, which can include cash, tangible property, inventory, cash equivalents, and asset-secured indebtedness that you directly own and manage. The assets you plan to invest cannot be utilized to secure debt. As an authentic investor, you must be personally and primarily responsible for your investment, which means there is a possibility that you may lose some or all your money if the commercial venture fails. Additionally, you must demonstrate that your investment capital is legally obtained and owned, which typically entails providing extensive documentation concerning the source of your income, your financial records, and accounts, and even documents from your country’s tax authorities.

Today, the EB-5 Immigrant Investor Program has a minimum capital requirement of $1 million, but this amount is reduced to $500,000 if the investment is made in a Targeted Employment Area (TEA), which can be a rural area or an area with an unemployment rate that is 150% greater than the national average. You must provide evidence that the commercial enterprise you intend to invest in is in a TEA.

However, as with any immigration program, the requirements for the EB-5 Immigrant Investor Program are subject to change. For example, on March 11, 2022, the minimum amount of capital required was increased to $1.05 million, and the investment in a Targeted Employment Area (TEA) was subsequently raised to $800,000.

The EB-5 visa program defines a commercial enterprise as a for-profit entity engaged in legal business operations in the US, which generates profits by providing goods or services. The program has very few limitations on the type of business structure that the enterprise can adopt, and it can be privately or publicly owned. The program also allows holding companies if their subsidiaries are entirely owned and meet the commercial enterprise criteria.

The second requirement is to demonstrate that your investment will result in the creation of 10 full-time jobs in the United States.

These jobs must be a minimum of 35 hours per week and must last for at least two years. Any jobs that are seasonal, temporary, intermittent, or transient will not qualify towards the job creation requirement.

Furthermore, the 10 full-time employees must be directly employed by the commercial enterprise, which means that jobs created by vendors or customers of the enterprise will not be counted towards the requirement. However, there are two exceptions to this rule:

  1. Firstly, if the commercial enterprise is at least two years old and has suffered a net loss of 20% or more during the 12- or 24-month period before the priority date of the EB-5 application, the investor only needs to show that the existing number of employees will be maintained for at least two years.
  2. Secondly, if the commercial enterprise is in a designated Regional Center, indirect jobs that are created because of the commercial enterprise’s activities may also count towards the requirement.

It is important to note that only U.S. citizens, lawful permanent residents, or immigrants authorized to work in the United States are eligible to be counted towards the job creation requirement. This excludes the investor, their spouse and children, undocumented immigrants, or those with nonimmigrant status, such as H-1B visa holders.

Get in Touch with an Immigration Lawyer from Azure Brio Associates today.

This brief introduction should make it clear that obtaining a Green Card through the EB-5 Visa can be complicated but highly beneficial. You will need to provide all the necessary evidence, documentation, and information to fulfill the constantly changing and complex requirements.

Our experienced immigration attorneys are well-versed in various types of visas, including the EB-5. We have a proven track record of helping our clients succeed by providing them with up-to-date knowledge of the law and extensive experience in relevant areas such as business law. We understand that obtaining an EB-5 Visa is complex and involves constantly changing requirements. Therefore, we are here to assist you in navigating the multitude of legal and technical requirements needed to acquire the EB-5 Visa. To schedule a consultation or learn more, please contact us at + 1 (443) 686 8365, + 57 (315) 359-6683 or email us at

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