Eligibility for immigrant investors are not really strict in that what they are generally required to do is to invest a minimum of $1 million in either creating a new commercial US business or through restructure or expansion of an already existing business. The source of the money is not really an issue, as long as it was acquired through legal means. Despite the basic amount of investment, the USCIS (United States Citizenship and Immigration Services) can increase or decrease the amount of investment depending on the location that the investor chooses to establish the business; a location where there is low unemployment and good economy can call for higher than $1 million investment while rural areas with high unemployment and not doing well economically may ask for lower investment.
According to the website of the AmLaw Group, aside from the requirements needed by the USCIS, a business will need to be prepped for compliance with the US tax system that they will be adhering to. It is important to note that the United States follows a worldwide tax system, which means that the income from a US person (citizen or resident) either from the country or all over the world will be taxed in accordance to US law.
Investors are required to be actively engaged in the matters of the company. It doesn’t have to be as head of the company, but a managerial position or a policy-forming duty. Any passive investments are not generally accepted in the EB-5 category, except on certain temporary investment programs.