Table of Contents
Direct EB-5 is a U.S. immigration program that can lead to permanent residency for individuals who make a qualifying investment in a U.S. business and meet the program’s requirements.
The minimum investment can be $800,000 for qualifying investments, including those in a targeted employment area. Otherwise, the standard minimum is $1,050,000.
The investment is only one part of the process. The business must also create at least 10 qualifying full-time jobs, the investor must document the lawful source and path of the investment funds, and the business and investor must meet other EB-5 requirements.
For Direct EB-5, the business matters just as much as the investment structure. It needs to operate, use the invested capital, hire employees and carry out the business plan presented as part of the EB-5 process.
This guide covers the main Direct EB-5 requirements and what each one means for an investor considering this path.
What Are the Requirements for Direct EB-5?
A Direct EB-5 investment generally needs to meet five main requirements:
- The investor must invest the required amount of capital in a qualifying U.S. new commercial enterprise.
- That investment must create at least 10 qualifying full-time jobs for U.S. workers.
- The investment capital must be at risk.
- Investors must document the lawful source and path of the funds being invested, and,
- Must participate in the management of the enterprise, either through day-to-day management or policy formulation
USCIS uses Form I-526, Immigrant Petition by Standalone Investor, for investors pursuing EB-5 outside the Regional Center Program. USCIS distinguishes this from Form I-526E, which is used by Regional Center investors.
These requirements apply to the investment as a whole. The business, capital, hiring plan and investor role all need to work within the same structure.
How Much Do You Need to Invest in Direct EB-5?
As of September 2026, the standard minimum EB-5 investment amount is $1,050,000. The minimum is reduced to $800,000 for qualifying investments eligible for the lower statutory threshold, including investments in a targeted employment area, commonly called a TEA.
A targeted employment area may qualify based on rural-area or high-unemployment criteria.
This means that not every Direct EB-5 investment qualifies at $800,000. The location and facts of the specific investment determine whether the reduced amount applies.
For someone considering a Direct EB-5 opportunity, this should be confirmed early. The investment amount affects the amount of capital required and the overall structure of the investment.
Where Does the Direct EB-5 Investment Go?
A Direct EB-5 investor invests in what USCIS calls a new commercial enterprise, or NCE.
The word “new” can cause some confusion. It does not mean every Direct EB-5 investor has to personally start a brand-new company.
USCIS rules allow a new commercial enterprise to arise in several ways, including the formation of a business after November 29, 1990, or under certain circumstances through the restructuring, reorganization or expansion of an older business.
This leaves room for different Direct EB-5 structures.
An entrepreneur may establish a business and pursue Direct EB-5 through that company. Another investor may invest through a qualifying structure connected to an operating business without personally creating that business from the ground up.
For entrepreneurs considering the first route, we have a separate article explaining what makes a business eligible for the Direct EB-5 route.
In either case, the legal entity is only part of the picture. The business still needs a workable plan for how it will use the investment, operate and create the required jobs.
What Does “At Risk” Mean in EB-5?
EB-5 requires the investor’s capital to be at risk.
This means the investment cannot be structured as a guaranteed return of the investor’s capital. There must be a genuine investment in the business.
The term sometimes causes confusion because “at risk” is an immigration requirement. It does not tell you whether a particular business is a good investment or how much commercial risk it carries.
Those are separate questions.
An investor considering a Direct EB-5 opportunity should look at both: whether the investment satisfies the EB-5 at-risk requirement and whether the business and investment risks are acceptable based on the investor’s own circumstances and professional advice.
What Are the Direct EB-5 Job Creation Requirements?
Each Direct EB-5 investor must be associated with the creation of at least 10 qualifying full-time jobs for U.S. workers.
For a standalone Direct EB-5 investment, those jobs are tied directly to the new commercial enterprise. USCIS states that the NCE must create full-time employment for at least 10 qualifying workers.
A qualifying full-time position generally requires at least 35 hours of work per week.
The business does not necessarily need to have all 10 employees in place on the day the investor begins the EB-5 process. When future hiring is part of the plan, the business plan becomes particularly important because it needs to support how and when those jobs are expected to be created.
For an investor, that makes the hiring plan worth examining as part of the business itself:
- How many employees does the business need to operate?
- Which positions will be created?
- When are those employees expected to be hired?
- Which entity will employ them?
- Does the hiring plan make sense for the size and type of business?
Job creation is one of the most important parts of a Direct EB-5 investment. For a closer look at which jobs qualify, when they need to be created, and how the hiring plan is evaluated, read our article: Direct EB-5 Job Creation: How the 10-Job Requirement Works
What Is Required for the Source and Path of Funds?
The investor must document the lawful source and path of the money being invested.
The source of funds answers one question: Where did the money come from?
Depending on the investor, the funds might come from employment income, business earnings, the sale of property or another asset, a gift, an inheritance or another lawful source.
The path of funds shows how that money moved from its original source into the EB-5 investment.
For example, funds may move through bank accounts, cross-border transfers or currency conversions before reaching the investment. The documentation should allow the movement of those funds to be followed.
This part of the process can look very different from one investor to another. Someone using proceeds from the sale of a property will have different documentation from someone investing accumulated business earnings or receiving a gift.
Qualified immigration counsel should review the investor’s individual source and path of funds and determine what documentation is required.
Does a Direct EB-5 Investor Have to Manage the Business?
The investor has to meet EB-5’s participation requirements, but that does not necessarily mean personally running the business every day.
USCIS looks at whether the investor is engaged in management through day-to-day managerial responsibility or policy formulation.
The investor’s role can therefore depend on how the business and its governing documents are structured.
This is especially relevant for businesses that rely on professional managers or licensed professionals for daily operations. The people operating the business and the EB-5 investors do not necessarily have the same responsibilities.
For the investor, there are two separate questions:
Will I be running this business every day?
and
What role, rights and responsibilities will I have within the enterprise?
Those details should be clear before an investor moves forward with a Direct EB-5 structure.
Does a Direct EB-5 Investor Have to Start a Business?
No. Starting a U.S. business is one way to pursue Direct EB-5, but it is not the only way Direct EB-5 can be structured.
This distinction matters because Direct EB-5 is still often described primarily as an entrepreneur program.
For an entrepreneur who wants to establish a company in the United States, the business itself may become the EB-5 enterprise if the structure meets the program’s requirements.
An investor may also participate in a qualifying Direct EB-5 structure connected to an operating business that the investor did not personally start.
The EB-5 requirements still have to be satisfied. The investment must be made through a qualifying structure, the required jobs must be created, the investor’s capital must qualify, and the investor must meet the participation requirements.
TADE Consulting currently works with a Direct EB-5 opportunity centered on urgent care clinics in the United States. Investors who want to see how this type of structure can apply to an operating business can learn more in our Direct EB-5 guide, which also introduces TADE’s urgent care focus.
For entrepreneurs considering the start-your-own-business route, our article on business eligibility for Direct EB-5 goes deeper into the business requirements.
Why Does the Business Plan Matter in Direct EB-5?
The business plan shows how the company is expected to operate and how the EB-5 investment fits into that operation.
It may cover the company’s business model, market, organizational structure, use of capital, staffing, hiring schedule, licenses or permits, and financial projections.
For EB-5 purposes, the business plan can also support future job creation by showing why the business will need the employees it expects to hire.
For the investor, the business plan is useful for another reason: it provides a way to look at whether the different parts of the business fit together.
If a company expects to hire a certain number of people, its operations should support that staffing level. If substantial capital is being used for equipment, facilities or expansion, that spending should make sense for the business model. If the company needs licenses or specialized professionals before it can operate, those requirements should be reflected in the plan.
The business plan describes what the company intends to do. The business then has to carry out that plan.
How the Direct EB-5 Requirements Work Together
The individual requirements are easier to evaluate when they are viewed together.
The investor provides the capital, which the business uses to carry out its operating plan. As the business grows and operates, it hires the employees needed to support those operations and meet the EB-5 job-creation requirement.
The business plan brings these pieces together by explaining how the company expects to use the capital, operate and hire. The ownership and governance structure establishes the investor’s role, while the source-of-funds documentation shows where the investment capital came from and how it reached the enterprise.
For that reason, a Direct EB-5 opportunity should not be evaluated only by asking whether it requires $800,000 or whether the business plans to create 10 jobs.
The business behind those requirements matters too.
Read our article: How to Evaluate a Direct EB-5 Business Opportunity to learn more.
Before Moving Forward With Direct EB-5
The Direct EB-5 requirements establish the framework, but they also tell you a great deal about what to look for in the underlying business.
You should know how much capital is required, where that capital will go, how the business plans to create the required jobs, what role you will have and what will be required to document your source and path of funds.
If you are investing through an existing Direct EB-5 opportunity rather than starting your own business, you should also know how the company expects to operate and whether its business and hiring plans support the EB-5 structure being presented.
If you are exploring Direct EB-5 and want to see how these requirements can apply to an operating business, visit our Direct EB-5 guide. It provides a broader explanation of Direct EB-5 and introduces TADE’s Direct EB-5 urgent care opportunity.
TADE Consulting helps clients think through complex cross-border business decisions with greater clarity, structure, and long-term perspective.
Direct EB-5 Requirements FAQ
As of September 2026, the standard minimum EB-5 investment is $1,050,000. The reduced minimum is $800,000 for qualifying investments eligible for the lower statutory threshold, including qualifying investments in targeted employment areas.
Not every Direct EB-5 investment qualifies for the $800,000 amount.
A Direct EB-5 investor must be associated with the creation of at least 10 qualifying full-time jobs for U.S. workers.
A qualifying full-time position generally requires at least 35 hours of service per week.
Not necessarily. Future job creation may be supported through an appropriate business plan that explains the positions the business expects to create and the expected hiring timeline.
The timing and documentation should be reviewed based on the specific EB-5 case and business plan.
No. The $800,000 minimum applies only to investments that qualify for the reduced statutory threshold. Otherwise, the standard minimum investment amount applies.
Not necessarily. EB-5 requires the investor to participate in management, but USCIS recognizes participation through day-to-day managerial responsibility or policy formulation. The investor’s role depends on the structure of the enterprise.
No. An investor may start a business as part of a Direct EB-5 strategy, but Direct EB-5 can also involve a qualifying structure connected to an operating business that the investor did not personally create.
Potentially. The investor must be able to document the lawful source and path of the funds. The documentation required will depend on how the funds were obtained and transferred.
Continue Reading About Direct EB-5
What Makes a Business Eligible for Direct EB-5?
If you’re planning to use your own business for a direct EB-5 application, it must be more than just an idea. The USCIS has strict
