Supporting EB-5 Evidence for Form I-526

General Evidence

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.

Troubled Business

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: