The following is an overview of the EB-5 program requirements as found in 8 CFR 204.6(j):

Show that a NEW COMMERCIAL ENTERPRISE HAS BEEN ESTABLISHED
– Formation documents such as Articles of Incorporation, Partnership Agreements, Certificate of Limited Partnership, or any other similar organizational documents.

– Operation documents such as a certificate evidencing authority to do business in a state or municipality.

Show that the Petitioner HAS INVESTED OR IS ACTIVELY IN THE PROCESS OF INVESTING
– Must show actual commitment of the required amount of capital.

– Evidence of mere intent will not suffice.

– No guaranteed buy back or redemption clauses.

– Merely creating and capitalizing a new commercial enterprise and signing a commercial lease are not sufficient to show that an investor has placed his or her capital “at risk.”

– Evidence must be presented that Petitioner has actually undertaken meaningful and concrete business activities.

Show that the CAPITAL WAS OBTAINED THROUGH LAWFUL MEANS
– Foreign business registration records.

– Tax returns including income, franchise, and property.

– Certified copies of any judgement or evidence of all pending actions or proceedings.

– Evidence identifying any other source(s) of capital.

Show the required JOB CREATION
– Economic analysis showing minimum of 10 direct or indirect jobs.

– The investments must go towards the job creation because the Petitioner must prove that all money was at placed towards creating jobs.

Show that the Petitioner IS OR WILL BE ENGAGED IN MANAGEMENT
– Must be engaged in the management of the new commercial enterprise, either through day-to-day managerial control or policy formulation.

Exception: “If Petitioner is a limited partner and the limited partnership agreement provides the Petitioner with certain rights, powers, and duties normally granted to limited partners under the Uniform Limited Partnership Act, the Petitioner will be considered sufficiently engaged in the management of the new commercial enterprise.”  

Show Targeted Employment Area (TEA)
– Rural Area

– High Unemployment Area (Average Unemployment Rate of 150% of the National Average Rate)

Contact us today for more detailed practice pointers about the EB-5 program requirements.