EB-5 Eligibility and Requirements

In 1990, according to the "Immigration and Nationality Act" (INA) Section 203 (b) (5) (ie, 8 USC § 1153 (b) (5)), the U.S. Congress established the employment-based fifth preference category (EB-5) immigrant visa. To encourage immigration through the EB-5 program, Congress adopted the Regional Center Pilot Program in 1993.

The Regional Center program reserves 3,000 visas each year for investors who apply through a designated Regional Center.  To comply with the Regional Center, a foreign investor must:

1. Show proof that the approved Regional Center has created a new commercial enterprise with a "qualified investment".  Eligible investments include:

  • An investment of at least $500,000 in a qualified Targeted Employment Area (TEA), or
  • An investment of at least $1 million; and


2. The qualifying investment must prove to be beneficial to the U.S. economy, and:

  • the use of reasonable economic methods show that the new commercial enterprise created at least 10 jobs, either directly or indirectly, through increased export earnings, improved regional productivity, job creation, or increased domestic capital investment.


For detailed EB-5 immigrant investor program information, please visit the USCIS website: www.uscis.gov

2013 EB-5 Eligibility Requirements. Texas Investment Regional Center. All Rights Reserved
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