There are several types of business entities in which an EB-5 visa investor can invest. Ideally, an investor can invest in a new commercial enterprise or in a regional center. New commercial enterprises are lawful for-profit entities that can take one of many different business structures. Such business structures include corporations, limited or general partnership, sole proprietorships, business trusts, or other privately or publicly owned business structures.
EB-5 visa investors are typically required to make either a $800,000 or $1,050,000 capital investment amount into a U.S. commercial enterprise. The EB-5 investment can take the form of cash, inventory, and equipment, secured indebtedness, tangible property, or cash equivalents and is valuated based on U.S. dollar fair-market value. The minimum amount of capital required for the EB-5 visa program may be substantially decreased from $1,050,000, if the investment is made in a commercial entity that is located in a targeted employment area (TEA). The EB-5 investment project must either be in a rural area or in an area that has high unemployment in order to qualify for TEA designation.
The USCIS requires that EB-5 investments result in the creation of 10 full-time jobs for U.S. workers. These jobs must be created within a two-year period after the investor has received their conditional permanent residency. In some cases, the investors must be able to prove that their investment has led to creation of direct jobs for employees who work directly in the commercial entity that received the investment. However, EB-5 investors may only have to show that 10 full-time indirect or induced jobs were created if the investment was made in a regional center.