Minimum Investment Amount: As of the latest update, the minimum investment required is $1.8 million, or $900,000 if the investment is made in a Targeted Employment Area (TEA), which can be either a rural area or an area with high unemployment.

New Commercial Enterprise: A “new commercial enterprise” is any for-profit activity formed for the ongoing conduct of lawful business established after November 29, 1990. The enterprise must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor’s admission to the United States.

Investment in Cash, Assets, or Both: The investment can be made in cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by the investor, provided the investor is personally and primarily liable and that the assets of the new commercial enterprise are not used to secure any of the indebtedness.

Job Creation Requirements: The investor must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.

Investing in a Targeted Employment Area (TEA): Investing in a TEA lowers the investment threshold to $900,000. A TEA can be either a rural area or an area experiencing unemployment of at least 150 percent of the national average.

EB-5 Application Process: The process involves filing Form I-526 (Immigrant Petition by Alien Investor) with USCIS. Upon approval, if outside the U.S., the investor applies for a visa through U.S. Consular processing. If in the U.S., the investor can apply for adjustment of status to a conditional permanent resident.

Rights and Obligations of an EB-5 Investor: Investors are typically limited partners in the new commercial enterprise and have rights to a return on their capital investment. They must ensure their investment leads to the creation of 10 full-time jobs for U.S. workers.

Obtaining Conditional Permanent Residency: The investor and their immediate family members can obtain conditional permanent residency upon approval of the I-526 petition and admission to the United States. This status is conditional for two years.

Removing Conditions on Permanent Residency: To remove conditions, file Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) within 90 days before the two-year anniversary of receiving conditional permanent residence. Evidence of job creation and investment must be provided.

Restrictions on Type of Business: The business must be a new commercial enterprise or a troubled business that is restructured or reorganized to create a new commercial enterprise. Non-commercial activities do not qualify.

Management of Funds: EB-5 investments are typically managed through a regional center or directly by the investor in their enterprise. It’s crucial to ensure that the investment remains at risk for the purpose of generating a return on the capital placed at risk.

Failure of Commercial Enterprise: If the business fails, the investor risks losing their conditional residency unless they can demonstrate that the investment funds were at risk and the required jobs were created during the conditional period.

Pooled Investments: Investments can be pooled with others under the EB-5 program, provided each investor contributes the required minimum investment amount and each investment results in the creation of at least 10 full-time jobs.

Tax Implications: EB-5 investors are subject to U.S. tax on their worldwide income. It’s advisable to consult a tax advisor familiar with international tax law and immigration.

Ability to Work, Travel, and Study: Conditional permanent residents have the same rights as other green card holders, including the ability to work, travel, and study in the United States.