The EB-5 visa provides a path to U.S. lawful permanent residence for immigrant investors. To be eligible for an EB-5, a petitioner must meet three basic requirements: (1) investment of at least $1 million in a New Commercial Enterprise in the U.S. (or at least $500,000 if the investment is made in a Targeted Employment Area); (2) proof that the capital invested comes from a legal source (e.g., not obtained through criminal activities); and (3) proof that the investment has created or preserved, or will create or preserve, at least ten (10) new jobs for U.S. workers.
EB-5 Visa Challenges
Explaining Source of Funds
Candidates need to be able to explain and document the ‘Source of Funds’ for their EB-5 petition.
Educating Foreign Nationals
Educating foreign nationals on the specificities of the EB-5 is a critical task as a lot of incorrect information about this particular visa circulates abroad.
Limited Currency Transfers
Candidates need to know how to navigate the currency transfer limitations. Many countries put export limitations on currency transfers, making it difficult for petitioners to easily amass the high minimum amounts for investment under the EB-5 requirements.