What Are the Required Documents for an EB-5 Visa?

The steps and timeline of the EB-5 visa application process can vary based on factors like the investor’s country of origin, investment pathway, choice of EB-5 project and specific case details.

However, certain documentation is universally required by USCIS, with additional documents possibly needed under special circumstances. Depending on the type, some EB-5 documents are assembled and submitted by the investor, some by an immigration attorney, and some by the Regional Center or EB-5 project developer.

In this guide, we will provide a detailed list of EB-5 document requirements and explore any extra paperwork investors might encounter during their immigration process.

Essential EB-5 Documentation

The following are the basic EB-5 documents investors need to file, when applicable, particularly at the I-526 stage, unless stated otherwise.

Personal Documents

• Identification cards
• Valid and expired passports for principal applicant and dependents
• Residence history
• Form I-551 or a foreign passport with a Form I-94 and I-551 stamp or an electronic Form I-94 record (if entered the U.S. by air or sea)

Civil Documents

• Birth certificates (applicant and dependents), adoption certificates when applicable
• Marriage certificates, marriage termination documents, etc.
• Court and criminal records
• Military records
• U.S. Security Number (if applicable)
• Criminal records from all countries where the investor has resided (special rules may apply)

Other Documents

• Current resume and employment history indicating the employer’s full name, address, job title, and employment dates
• Copy of original signature in compliance with USCIS signature instructions
• Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
• Cover letter and exhibit index prepared by the EB-5 immigration attorney

EB-5 Investors Residing in the U.S.

• Valid documentation showing current status
• Employment Authorization Document or other authorization for aliens to accept employment
• Form I-94, Arrival/Departure Record
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Any applicable removal, exclusion, or deportation proceedings

EB-5 New Commercial Enterprise Documents

Depending on the type of the New Commercial Enterprise (NCE), USCIS requires some organizational documents proving the establishment of an NCE. These include:

• Articles of incorporation
• Partnership agreement
• Certificate of merger or consolidation
• Certificate of limited partnership
• Joint venture agreement
• Business trust agreement
• Certificate of Authority to conduct business in a U.S. state

Existing Businesses

For the expansion of businesses established before November 29, 1990, investors must prove that the necessary capital has been invested into the existing business, leading to a significant rise in the business’s net worth or its number of employees. Documents to prove this may include:

• Stock purchase agreements
• Investment agreements
• Certified financial reports
• Payroll records
• Any similar instruments, agreements, or documents evidencing the investment and the resulting substantial change

EB-5 Project Documents

EB-5 Regional Center investors must provide information about the EB-5 project in their applications, in addition to any required supplementary documentation.

Basic Entity Information

• USCIS approval notice for Form I-924
• NCE identification number (NCEID)
• Prior application approvals
• Approval evidence of Form I-956F, Application for Approval of an Investment in a Commercial Enterprise

EB-5 Offering Package

The regional center or developer also provides the investor with detailed information about the specific EB-5 project they are investing in. These may include:

• Private Placement Memorandum
• Business plan
• Project information
• Economic analysis
• Employment report and timetable
• Operating agreement
• Subscription agreement
• Escrow agreement
• Loan agreement
• Limited partnership agreement
• Due diligence report
• Developer information

EB-5 TEA Evidence

In order to qualify for TEA (Targeted Employment Area) designation, the NCE provides evidence demonstrating that the project is located in a rural or high unemployment area.

Rural TEAs

• Documents demonstrating that the NCE’s business is based outside of a metropolitan statistical area (MSA) or any city or town with a population of more than 20,000 according to the latest U.S. Census

High Unemployment Areas

• Unemployment data for the relevant MSA or county in which the NCE is based, showing that the area has an average unemployment rate that is 150% higher than the national average, or
• A letter from the state government certifying that the NCE is located in a high unemployment area

NCE Investment Evidence

Some of the evidence that demonstrates the immigrant investor’s investment of the necessary capital into the NCE may include:

• Bank statements showing amounts deposited in the NCE’s U.S. business accounts
• Assets purchased for use in the NCE, including invoices, sales receipts, and purchase contracts
• Property transferred from abroad for use in the NCE, including U.S. Customs and Border Protection commercial entry documents, bills of lading, etc.
• Transit insurance policies that contain information about ownership and the property’s fair market value
• Money transferred or committed to be transferred to the NCE in exchange for shares of stock (may not include terms requiring the NCE to redeem it at the holder’s request)
• Any loan or mortgage agreement, promissory note, security agreement, or other evidence of borrowing secured by the immigrant investor’s assets
• Proof of the NCE’s business activity, such as invoices, purchases and contracts

Proof of EB-5 Source of Funds

All EB-5 investors are required to prove that their funds come from a lawful source, and validate the path of these funds from their origin to the moment they are invested in the EB-5 project. The EB-5 source of funds requirements for each investor may be different, depending on the type of their capital and their place of birth. Some evidence for source of funds include, but is not limited to:

• Foreign business registration records
• Corporate, partnership, or any other entity tax returns filed within the last 5 years
• Personal tax returns including income, franchise, property, etc., filed within the last 5 years
• Evidence identifying any other source(s) of capital
• Certified copies of any judgments or evidence of all pending governmental civil or criminal actions, governmental administrative proceedings, and any private civil actions involving monetary judgments against the petitioner in or outside the U.S. within the past 15 years
• Wire transfer records and bank statements showing path of EB-5 funds
• Capital source statements
• Net worth certificates
• Employment and payment records
• Property ownership certificate and related tax certificates
• Bank statement showing deposit of sale proceeds
• Purchase and sales contracts
• Loan agreements
• Proof of relationship to the deceased in the case of inherited funds
• Gift letters and proof of lawful source in the case of gifted funds

EB-5 Job Creation Evidence

All EB-5 investors must generate a minimum of 10 full-time positions for U.S. workers, and prove the job creation aspect of their investment with economic reports and several supporting documents. These include:

• Detailed business plan outlining the need for a minimum of 10 eligible employees and specifying the hiring timeline
• For existing employees: Copies of tax records, Forms I-9s, or other relevant documents
• For regional center investments: Evidence showing how the business will create the required number of jobs
• For investments in troubled businesses: Evidence that the NCE has been in business for at least 2 years; proof of net loss; and evidence that the number of existing employees will be maintained at no less than the pre-investment level for at least 2 years

EB-5 Investor’s Involvement in the Project

Investors are also required to prove a certain level of operational engagement in the NCE. Direct investors typically demonstrate significantly more involvement in the enterprise than regional center investors. Proof may include:

• Statement of the EB-5 investor’s position and job description
• If applicable, evidence the investor is a corporate officer or a member of the board of directors
• For partnerships: Evidence the petitioner is engaged in either direct management or policymaking activities

Additional Information About Filing EB-5 Documents

As USCIS officers handle documents, they carefully examine each piece of evidence to assess its relevance, how well it supports the case, and if it’s believable, both on its own and when combined with other evidence.

The agency also makes a clear distinction between primary and secondary evidence. Primary evidence stands on its own to meet an eligibility requirement, while secondary evidence suggests a fact is probably true, but it doesn’t come from an authoritative source. EB-5 investors providing secondary evidence must show that reliable primary evidence wasn’t available at the time of filing.

Some documents, like medical results, labor certifications and affidavits, must be submitted in their original form. For others, applicants can send copies with their physical applications, unless asked for originals. Additionally, all foreign-language documents must have certified English translations attached.

Beyond the documents outlined in this article, EB-5 applicants might also need to prepare and file additional paperwork, such as digital copies of decision statements, filing fee receipts, attorney fees and other relevant legal and business expenses.

For more information and guidance on EB-5 document requirements, investors should seek counsel from an experienced immigration attorney.

If you are a potential EB-5 investor and would like to learn more about the application requirements, please schedule a call with our EB-5 team.