Evidence applicable to new commercial enterprise, troubled business, and regional center programs include:
- Evidence of the existence of the enterprise
- Evidence of lawful capital:
- Corporate, partnership and/or personal tax returns filed within the past 5 years;
- Foreign business registration records or evidence identifying other sources of capital;
- Other proof of the investor's income during previous years;
- Certified copies of any judgments or evidence of all pending actions involving monetary judgments within the past 15 years;
- Sales contracts if the source of funds is from the sale of a house or business;
- Bank statements, evidence of property transferred from abroad, evidence of purchased assets, stock certificates given for investments, or loan or mortgage agreements.
- Evidence of the required investment
- Evidence of the investor's day-to-day operation of the enterprise through either management or policy (does not apply to investors in a Regional Center Program)
- Title and description of the investor's job duties
- If the enterprise is a partnership, evidence proving the investor-partner's management or policy-making activities.
- Evidence showing the creation of at least 10 jobs for U.S. workers or a reasonable business plan to show that it will create 10 jobs for U.S. workers
- If investors have hired employees, I-9s forms and tax records; or
- If investors do not currently hire employees, a business plan demonstrating that 10 U.S. workers will be hired within the next 2 years;
- If investors are in a category requiring a $500,000 investment:
- Evidence demonstrating that 10 jobs have been or will be created in the targeted employment area by a reasonable business plan; and
- Statistical proof that the targeted employment area has high unemployment and a state agency's letter demonstrating that the area is classified as a "high unemployment" area.
New Commercial Enterprise
Those who invest in a new commercial enterprise must also provide proof of business organization documents or authorization to do business in a U.S. state or municipality or Articles of Incorporation.
EB-5 investors must maintain at least 10 jobs for a periodof two years starting from the pre-investment level. The investor should submit photocopies of tax records, a comprehensive business plan, and Form I-9 and other documents to show the qualifications of the employees.
Regional Center Program
EB-5 investors need to show that they have invested in a regional center by including a letter from USCIS attached to Form I-526 designating the regional center. Furthermore, EB-5 investors need to show that they have created at least 10 direct or indirect full-time positions or will create 10 direct or indirect jobs for U.S. workers.
(Updated 10/5/2012 by AG)
For more information on the EB-5 Visa, please refer to the following links: