The EB-5 investor must show they have made the investment or are actively in the process of investing at the time they apply for the EB-5 visa.

The investment must be in the form of capital, which traditionally means cash for projects sponsored by an EB-5 Regional Center. See full definition here. The EB-5 investor must establish that they are the legal owner of the capital invested and document the lawful source of funds and the path of funds from their origin to the EB-5 project.

The investment must be subject to risk and made in a new commercial enterprise. This means that the EB-5 funds must be fully invested in the project up to the time the EB-5 investor has satisfied the 2-year conditional residency period, and the investment does not have a guaranteed return on or of the capital.

The EB-5 investment must lead to the creation of at least 10 full-time American jobs.