USCIS requires clear documentation of the lawful source of funds and the investment made. You must prove the funds came from a lawful source. Acceptable documentation varies depending on the source but might include business or investment records or gift or inheritance documentation. Other necessary documents include tax returns, bank statements, and projections for both the investment’s financial performance and job creation potential.

There are two current minimum investment amounts. The first one is for investments in a Targeted Employment Area (TEA), an area designated as either a high-unemployment area or a rural area, and the minimum is $800,000. For investments in areas that are not TEAs, the minimum investment amount is $1,050,000. These amounts are subject to change by Congress, and we advise consulting an immigration professional for the latest information.

The business plan should be comprehensive and clearly demonstrate the viability of the NCE and its ability to create jobs. Key elements include an executive summary, a company description, a market analysis, and a description of the business’ products or services. The business plan should also include details regarding a marketing strategy and the management team, as well as realistic projections regarding the project’s revenue, expenses, cash flow, and job creation potential.

You can invest in an existing business, but it must result in a “substantial increase” (generally considered a 40% increase) in either the net worth or the number of employees of the existing business. Most EB-5 investments are in new commercial enterprises (NCEs) because meeting the “substantial increase” requirement in an existing business can be challenging.