The United States Citizenship and Immigration Services (USCIS) has clarified the exact conditions foreign investors must meet to obtain a Green Card through the EB-5 Immigrant Investor Programme. This includes a minimum capital outlay and strict job creation targets, with two distinct investment pathways available.
EB-5 Programme Overview
Established by Congress in 1990, the EB-5 programme aims to stimulate the US economy through foreign capital and job creation. In 1992, the Regional Centre Programme was added, reserving a portion of EB-5 visas for investors who route funds through USCIS-approved regional centres. These centres focus on promoting economic development in designated areas.
Under the programme, an investor, their spouse, and unmarried children under 21 can obtain lawful permanent residence. The core requirements are a qualifying capital investment and the creation or preservation of at least 10 permanent full-time jobs for eligible American workers.
Two Key Requirements
Foreigners seeking a Green Card through investment must satisfy two main conditions: the job creation requirement and the capital requirement. Each has specific rules depending on the chosen investment route.
Job Creation Requirement
For direct investments in a commercial enterprise outside a regional centre, the business must employ at least 10 qualifying workers in direct, full-time roles. For investments through a regional centre, up to 90% of the job creation requirement can be met through indirect employment – jobs generated outside the enterprise but resulting from its activity.
Full-time employment is defined as a position requiring at least 35 working hours per week. Job-sharing arrangements can count if combined hours meet the weekly minimum. Temporary, seasonal, intermittent, or transient positions do not qualify, but roles expected to last at least two years are generally considered permanent.
Capital Requirements
Capital includes cash and tangible real or personal assets owned and controlled by the investor, assessed at fair-market value in US dollars. Excluded are funds acquired through unlawful means, capital invested in exchange for debt instruments (like bonds or convertible notes), investments with a guaranteed rate of return, and capital subject to a contractual right of repayment. An exception allows the enterprise itself to hold a buy-back option, but only if exercised at the enterprise's discretion, not as an investor right.
The minimum investment amount is $1,050,000. For investments in targeted employment areas (including infrastructure projects), the amount is $800,000. Investors must demonstrate legal ownership of all capital committed. In certain cases, a promissory note may be accepted.
Additional Context
Previously, the US government published a list of eight categories of people eligible to apply for a Green Card, including family ties, employment in specialised fields, refugee or asylum status, and victims of abuse. This EB-5 clarification provides a detailed framework for investor-based immigration.
