EB-5 Visa Program Guide: Key Steps Every Applicant Should Understand

It is also important to remember that the required investment is only one part of the financial picture. Applicants should separately consider administrative, legal, filing, and other project-related costs.

Step 2: Determine Whether You Meet the Basic Requirements

Once you understand the investment requirement, the next step is to assess whether you can satisfy the broader EB-5 criteria.

Applicants generally need to demonstrate that:

• The required capital has been invested or is being invested as required.
• The investment is connected to a qualifying new commercial enterprise.
• The capital is at risk in accordance with EB-5 requirements.
• The investment will satisfy the applicable job-creation requirements.
• The source and path of the investment funds can be adequately documented.

The EB-5 rules also contain specific definitions concerning qualifying employees, commercial enterprises, and eligible investments. Because these requirements can be technical, applicants should review their individual circumstances carefully before filing.

Step 3: Document the Source of Your Investment Funds

One of the most important parts of an EB-5 case is showing where the investment money came from.

Applicants should be prepared to provide documentation that explains the lawful source and movement of their capital. Depending on the circumstances, relevant records can include tax documents, bank statements, business records, property-sale documents, loan records, employment income records, or evidence relating to gifts or inheritances.

The key is creating a clear financial trail.

For example, if an investor obtained funds through the sale of a property, the documentation should help establish ownership of the property, the sale transaction, receipt of the proceeds, and movement of those proceeds into the EB-5 investment.

A well-organized source-of-funds file can make it easier to demonstrate how the investment capital was obtained and transferred.