While the investment capital is the most well-known requirement of the EB-5 program, it's only one piece of the puzzle. USCIS also scrutinizes the investor's personal background to ensure they are eligible for a U.S. Green Card. This article covers the key non-financial criteria you must meet.
Who Can Be an EB-5 Investor?
The EB-5 program is surprisingly flexible regarding an investor's background. There are no requirements for:
- Age: While you must be old enough to enter into a binding contract (typically 18 or 21), there is no upper age limit.
- Education or Business Experience: You do not need a university degree or a specific business background.
- English Language Proficiency: There is no language test for the EB-5 program.
The primary focus is on the lawful source of your investment capital, not your personal resume.
The "Accredited Investor" Standard
Because EB-5 projects are securities offerings, investors must typically qualify as an "accredited investor" under SEC rules. This is to ensure that participants in such private investments are financially sophisticated and can bear the economic risks. The most common ways to qualify are:
- Having an individual net worth, or joint net worth with your spouse, that exceeds $1 million (excluding the value of your primary residence).
- Having an individual income exceeding $200,000 in each of the two most recent years (or $300,000 in joint income with a spouse) and a reasonable expectation of the same for the current year.
Expert Tip
While these are the main criteria, other qualifications exist (e.g., for certain financial professionals). Your immigration attorney and the Regional Center will provide a questionnaire to confirm your accredited investor status.
Inadmissibility: The Deal-Breakers
Even if you have the funds, certain issues in your past can make you "inadmissible" to the United States. It is vital to be transparent with your immigration attorney about any potential problems. Common grounds for inadmissibility include:
- Criminal History: Convictions for certain crimes, especially those involving "moral turpitude," can be a major barrier.
- Immigration Violations: Previous instances of visa overstay, misrepresentation, or fraud on a U.S. visa application can lead to denial.
- Health-Related Grounds: Certain communicable diseases or physical/mental disorders with associated harmful behavior can be grounds for inadmissibility.
- Security Concerns: Any links to terrorism or espionage will result in a denial.
Full disclosure is paramount. Hiding a past issue is often worse than the issue itself. Many grounds of inadmissibility can be overcome with a legal waiver, but only if they are properly addressed from the start.