Under the EB-5 Immigrant Investor Program, the law requires an investor to have invested or be in the process of investing the required capital. The amount of required capital is at least $1 million. However, the investor is required to invest a minimum of $500,000 only, for EB-5  investments within a Targeted Employment Area (TEA). This $500,000 amount is the minimum allowed by the United States law to qualify for the EB-5 Green Card in a TEA.

As per federal guidelines, the EB-5 investment must be made ‘at-risk’ and any guarantee of return of capital is strictly prohibited. If given, the guarantee negates the ‘at-risk’ requirement of the EB-5 law and the investor’s petition will be denied.

United States’ laws and regulations require proof that the required amount of capital is invested by the investor. Additionally, the law requires the investor to provide proof that the capital investment came from a lawful source. The investor is also required to provide evidence and show a clear path of funds, tracing the investment to the investor.