To qualify for EB-5 classification, the treaty investor must:

• Invest $500,000 to $1,000,000 in a new commercial enterprise. The amount depends on various factors, but it is generally possible to keep the investment down to $500,000, if desired. 
• Investment must create 10 full-time jobs for workers in the United States (not including the Investor and Dependents).
• Investor must be actively engaged in management of the enterprise’s day-to-day operations, or be engaged in the enterprise’s policy formulation.

The investor has the option to invest in:

• A new capital project through a Regional Center that allocates a certain portion of a large investment project to EB-5 investors. For example: a $500 million real estate development project, financed through a combination of institutional capital, debt/equity financing, and EB-5 investors.
• Purchase of a stake in an existing business.
• Creation of a new business.

Creation of jobs:

• The investor must demonstrate that the investment will create 10 jobs for workers in the United States

• This is generally demonstrated via economic impact modeling that captures the effects of the investment on the creation of direct, indirect, and tertiary jobs
• Most Regional Centers guarantee the creation of at least 10 jobs per EB-5 investor

Active management or policy formulation

• The investor must either be actively involved in the day-to-day operations of the business, through an executive/managerial position; or,
• Be involved in the policy formulation for the business via a Board of Directors engagement or via voting rights through a limited Partnership agreement (as is generally the case with an investment via a Regional Center).

Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin preparation of the case.

Depending on which path you choose for your investment (via a Regional Center or an independent venture) we will talk through the specific information and documentation that we will need in order to meet the EB-5 requirements. On a continuing basis we work with you to collect the information and documentation to fulfill the submission requirements for the Forms, Letter of Support and Packet.

Once the EB-5 case is complete, we prepare a physical packet (in duplicate) at our Palo Alto office and ship it to USCIS for adjudication. Once the EB-5 case is Approved, we will prepare Adjustment of Status or Immigrant Visa packets (depending on whether you are based in or outside of the United States) for you and your family.

Prior to the interview with the U.S. Consulate (if you are based outside of the United States), or with a USCIS Field Office (if you are based in the United States), we will hold a preparatory phone call and go over what you can expect.