Funds Requirement
I. Minimum Amount Requirement
Generally speaking, the minimum investment required to qualify for EB-5 status is $1,000,000 per immigrant investor. However, the limit is reduced to $500,000 in cases of investment in “targeted employment areas.” Such qualifying areas must have an unemployment rate 150% of the national average. A rural area refers to a municipal area with a population less than 20,000. Click on the following link for more information about “targeted employment areas.”

Please note that if there is a redemption clause in a commercial enterprise’s agreement that guarantees the return of a petitioner’s investment, such assets will not be deemed as “at risk”; a petitioner must infuse the full amount of at risk capital into an enterprise.  For further explanation of what constitutes an “at risk” investment, please click here.

II. Legitimate Source of Funds
Assets acquired directly or indirectly by unlawful means such as criminal activities are not acceptable forms of capital. In practice, USCIS is very strict about reviewing the legitimacy of funds.

III. Acceptable Types of Property as Investment
Cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the investor are all acceptable investments for EB-5 purposes. A loan to the company or any other debt between the company and investor does not constitute an investment because such a monetary transfer does not bear any investment risk (some exceptions apply, see below). All capital shall be valued at a fair market price in U.S. dollars. The investor need not commit his/her entire capital immediately, but the investment must substantially complete prior to the end of the 2-year conditional residency period.

Evidence required for an investment from your lawful income:
1. Five years of personal income tax returns
2. Personal bank account statements for the past couple of years
3. Salary reports
4. Salary verification letter from previous employers
5. Five years of business income tax returns if income was generated from the operation of your business
6. Business registration documents and ownership if funding is from the operation of your own business
7. Articles of incorporation, share certificates and other similardocumentation if funding is from the operation of your business
8. Business bank account reports for the past couple of years if funds are from the operation of your business
Evidence required for investment funds from a gift:
9. Documentation proving funds from the donor to the investor
10. Statement explaining the surrounding circumstances of the gift and why the gift was made
11. Gift tax return, if any
12. Documentation such as personal/business income tax return and ownership of business proving the donor’s financial background to demonstrate how he/she derived the funds that were gifted

Evidence required for investment funds from an inheritance:
13. Statement of the relationship between the investor and the deceased
14. A death certificate
15. Documentation of the investor’s receipt of inherited funds
16. Certification of payment of inheritance tax, if any
17. If there is a lack of documentation tracing funds from the deceased’s estate to the investor, a statement of thorough explanation of the relationship, the amount inherited, and other circumstances concerning the inheritance is required

Evidence required for investment funds from transactions:
• Sale of business
1. Deeds
2. Closing statements
3. Bank account statements
4. Documentation tracing funds from the closing of the transaction to the investor’s individual account
5. Copy of the business registration before the sale and immediately after the sale
6. Letter from the accounting firm that represented the investor in the sale, indicating the sale, sale price, and the identity of the buyer
7. Business financial information such as an evaluation from a certified accountant proving the value of the business

• Sale of real estate
1. Purchase agreement
2. Final settlement statement
3. Receipt of funds from the buyer to the investor
4. Payment of real estate tax obligations
5. Title transfer evidence
6. Past five years personal income tax returns proving funds in the purchase of the real estate that sold

• Sale of stock
1. Company’s incorporation documents or other company registration documents
2. The share purchase agreement
3. Evidence of the transfer of  proceeds of the stock sale from the brokerage company to the investor’s account
4. Payment of tax obligations of the proceeds of stock sale
5. Stock transaction record

• Investment funds from a loan. (Only a loan secured by your assets as opposed to property of the commercial enterprise that you invested in is eligible.)
1. Terms of the loan agreement
2. Documentation proving that the loan transferred from the lender to you
3. Lender’s business registration record, business income tax returns if the lender is a business or personal income tax return if the lender is an individual.