In order to be eligible for the EB-5 preference category, an investor must invest or be in the process of investing capital in the amount of $1million, or invest or be in the process of investing $500,000, if the investment is in a targeted employment area. An investment can be cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the entrepreneur, as long as the entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise are not used to secure any of the indebtedness. Capital is valued in U.S. dollars and at the fair market value. The fair market value of a note is determined by examining the fair market value of the assets which secure that note, the extent to which the assets are subject to seizure, and the present value of the note. The investment must be in only one enterprise and an investor cannot meet the requirements for EB-5 residency status by combining investments in multiple commercial enterprises.
Documents to prove a qualifying investment may include bank statements, evidence of purchased assets, evidence of property transferred from abroad, loan or mortgage agreements, or stock certificates given for investment.