The applicant is required to establish a new business or invest in an existing one that has been established or restructured after November 19, 1990. Additionally, if the investment is made in a USCIS designated regional centre, the investor must contribute $800,000 to the business. It is essential for the business to create or sustain a minimum of 10 full-time positions for American workers. Furthermore, the funds invested must be obtained through legal means, and the applicant must be able to provide comprehensive documentation demonstrating the source of these funds.

Upon issuance of the visa, the investor must enter the United States within 180 days. While physical residency in the U.S. is not mandatory for EB-5 visa holders, they are required to exhibit the intent to become a resident. This may involve actions such as renting or purchasing a home, establishing bank accounts, obtaining a social security number, acquiring a driver's license, and fulfilling tax obligations.

EB-5 is an employment-based preference visa category for immigrants seeking to enter the United States to engage in a new commercial enterprise.

To qualify for an EB-5 visa, a foreign investor must invest a minimum of $900,000 in a new commercial enterprise that will create or preserve at least 10 full-time jobs for qualified U.S. workers. Investments can be made directly in a business or through a regional centre.

If the investment is made through a regional centre in a Targeted Employment Area (high unemployment or rural area), the minimum investment amount is reduced to $500,000. In exchange for the investment, the foreign investor and their immediate family are eligible to apply for a conditional green card. After two years of maintaining the investment and job creation, the conditions are removed and the investor receives permanent resident status (a green card).

The EB-5 program attempts to promote the US economy by creating jobs and attracting finance from foreign investors. It provides a path for foreign nationals to obtain permanent residency if they make a substantial investment and meet other program requirements.

The EB-5 visa category has become increasingly popular as an alternative to other investor visa programs that require larger investments but no job creation obligations.