An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying​ employees. ​

A qualifying employee is a U.S. citizen, lawful permanent resident, asylee or refugee. Foreign nationals on non-immigrant visas (e.g. H1-B) and the investor's family members are excluded. Full-time employment requires a minimum of 35 working hours per week.

Job creation is evidenced by a credible business plan and economic analysis submitted with the EB-5 investor's I-526 petition and need to be created within a reasonable time, viz. by the time the I-829 petition is filed or a reasonable time thereafter.

Learn more about EB-5 job creation on our FAQ page.