EB-5 – To obtain residency based on investment, we have to prove that the applicant is investing $1 million into a new commercial enterprise, creating at least 10 additional full-time employees, and is being employed for the purpose of day-to-day management and policy formation.
Please note that initial approval bestows conditional residency, which can be shifted to permanent residency two years later.

There are five key components here:

1. The sum of money being invested must usually be $1 million or more.
2. The sum invested must be “at risk” – meaning, capable of being lost if the investment goes bad.
3. The investment must create at least 10 additional full-time positions.
4. The enterprising receiving the investment must generally be a new commercial enterprise, meaning created on or after November 29, 1990.
5. The beneficiary must be employed in day-to-day management or policy formation.

The type of evidence we ask for is as follows:

• Detailed Business Plan – should detail how the investment will be used, what the goals and objectives are over the next two years, and document when each of the ten new positions will be filled.
• Applicant’s Financial Statements – a statement of net worth, plus bank statements and tax returns, preferably going back at least the last five years or more.
• Documents Pertaining to Formation of Enterprise – certificate of incorporation, business license, state registration, joint-venture agreements, etc.
• Invoices and Contracts – showing that investment is occurring or will imminently occur
• Statement of Duties – a list of the day-to-day duties and responsibilities that the investor will have with the company once he is legal to work.