Based on the filing date and the investment location, the minimum capital investment amounts are:

• Capital includes cash and all real, personal or mixed tangible assets owned by the immigrant investor. Capital is valued at fair-market value in U.S. dollars.
• Funds used for the EB-5 investment must have been lawfully obtained. Detailed evidence of the lawful source of funds is essential to the immigrant investor process.
• A targeted employment area is a rural area or an area that has experienced an unemployment rate of at least 150% of the national average.

• The capital investment in a new commercial enterprise must create at least 10 full-time positions for qualified U.S. workers.
• For a new commercial enterprise outside a regional center, the new enterprise must directly create all full-time, permanent positions.
  • Direct jobs are jobs where the new commercial enterprise and the people it employs have a direct employer-employee relationship
• Full-time positions require a minimum of 35 working hours per week.
• Regional center projects may count direct, indirect and induced jobs to meet the job creation requirements, which is calculated by economic impact models.

A new commercial enterprise is any the following for-profit activity to conduct ongoing lawful business:

• Sole proprietorship
• Limited or general partnership
• Holding company and its wholly owned subsidiaries
  • Each subsidiary must engage in for-profit activity formed for the ongoing conduct of a lawful business
• Joint venture
• Corporation
• Business trust
• Limited liability company
• Other entity that is publicly or privately owned

Regional centers are public or private economic units in the United States designated by USCIS to promote economic growth. They allow investors to count indirect or induced jobs to fulfill the EB-5 job creation requirement. A list of currently approved EB-5 regional centers can be found here.

The 2022 EB-5 Reform and Integrity Act created EB-5 visa set-asides for qualified investors who invest in specific types of projects.

Any unused set-aside visas are held in the same category for one more fiscal year. After the second fiscal year, any unused set-aside visas are released to the unreserved EB-5 visa numbers during the third fiscal year.