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EB-5 Investments: How To Balance Job Creation Within a Troubled Business

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The EB-5 investment program has been a boon for many companies and individuals who want to invest in the United States. However, when it comes to EB-5 investments through the acquisition of a struggling business, an important aspect of the process is how well you can balance job creation with economic growth within the enterprise.

Here’s some information to help you understand the EB-5 investment process via this route. It will help to outline everything you need to know. But first, let’s go over what EB-5 investments are.

What is EB-5?

The US Congress established the EB-5 program in 1990 to promote investment and job creation. Congress created the first EB-5 program in 1990 as part of the Immigration Act of 1990, which sought to stimulate economic growth by creating a new nonimmigrant class of immigrants called “EB-5.”

Today, this new class of immigrants can apply for permanent residency in the United States if they invest at least $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in an approved commercial enterprise or residential project that creates or preserves ten jobs.

EB-5 investments go much deeper than just the numbers, though, as you’ll quickly discover for yourself going through detailed information about them on

It’s an excellent place to start off if you’re serious about getting help with obtaining your U.S. permanent residency through EB-5 investments into troubled businesses.

A key component of this program is that applicants must demonstrate that the investment directly impacts the economy by creating or preserving ten jobs within two years after receiving their permanent residency status.

Why Invest in a Troubled Business?

Troubled businesses are often the most attractive investments for U.S. EB-5 investors because of the potential for job growth and other benefits. Although these businesses might have lower than optimal revenues, they still offer the potential for growth and expansion.

A troubled business will have job creation as part of its plan to help raise the overall economy of its area, which leads to more jobs and more revenue for employees, investors, or both. In fact, one of the most popular reasons EB-5 investors sometimes opt for this investment option is that they can help generate quicker returns from your investment.

For example, if you have an opportunity to purchase a distressed business for $100,000 and your return on investment is 10%, then you will be able to earn $10,000 per year after taxes. However, as an investor, understanding the relative risk levels for different investment options requires precisely knowing what you’re doing to manage your risks effectively.

Ensuring Jobs Created Meet EB-5 Requirements

The EB-5 program is not a free pass to create jobs. In fact, as an investor, you need to make sure that the jobs created and the capital invested is legal and in line with the requirements of the investment option you’ve chosen.

The following tips explain how to meet the requirements for EB-5 investments in a troubled business project that creates jobs for U.S. workers and meets other eligibility requirements.

Conduct an Analysis To Determine Qualifying Jobs

The first step in the EB-5 process is to analyze whether the job-creating activity meets the program’s requirements. These requirements include the following:

The project must create at least ten full-time jobs for qualified U.S. workers who have earned at least half of a bachelor’s degree from a U.S. university or equivalent education, as determined by USCIS; and

The job positions must be located in a rural area with unemployment rates above 150% of the national average and median family income below 75% of the national average (or lower if higher than 150%).

Make Sure Each Job Meets EB-5 Investment Criteria

The EB-5 investment requirement is a bit tricky to fulfill. First, you must ensure that each job created in the U.S. meets all the criteria, which is not easy if you are unfamiliar with the process. You must also ensure that each job meets the required minimum tax amount, which adds another level of complexity to this process.

One way to ensure that your project meets all requirements is by hiring an immigration attorney who can guide you through all aspects of the application process and help ensure that everything falls into place properly when you submit it for approval from USCIS (U.S. Citizenship and Immigration Services).

Provide Required Documentation to USCIS Within Time Limits Specified by Law

When applying for the EB-5 program, you must submit evidence that you have created a job with at least ten full-time positions in the U.S. within three years of receiving your EB-5 visa. If you don’t meet this requirement, USCIS may deny your application and send it back to you.

Documents demonstrating that your investment and job creation were economically significant are required during the application process. The most common documents used are Form I-526, Supplement A (Employment Authorization Document), and Form I-918, Nonimmigrant Petition by Alien Entrepreneur. These documents can be obtained from Immigration Service for a fee and must be submitted with your petition.


As you can see, the EB-5 program is not a get-rich-quick scheme. It requires a lot of work, planning, and patience. However, if you have those elements in place, it can be an extremely rewarding investment opportunity.

Ultimately, your success will depend on how well you manage your acquired business. You must ensure that you hire qualified professionals and complete all the necessary steps to obtain approval from the USCIS. 

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Editorial Disclaimer: The editorial content on this page is not provided by any of the companies mentioned and has not been endorsed by any of these entities. Opinions expressed here are author's alone

The content of this website is for informational purposes only and does not represent investment advice, or an offer or solicitation to buy or sell any security, investment, or product. Investors are encouraged to do their own due diligence, and, if necessary, consult professional advising before making any investment decisions. Investing involves a high degree of risk, and financial losses may occur.

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