Can a pre-operational startup qualify for EB-5?

Yes. A pre-operational startup can qualify for EB-5, even without active operations, as long as it presents a robust and well-supported business plan. The program is a green card pathway based on investment that generates employment, and what the authorities evaluate is the project’s convincing capacity to create those jobs, even if in the future.

For a business that has not yet generated revenue, the business plan is the central piece. It must support, with realistic projections, how the venture will move forward and generate employment positions:

• Clear projections of how and when the required number of jobs will be created.
• Demonstration of the economic and strategic viability of the project.
• Consistent documentation and studies that can withstand rigorous scrutiny.

The earlier the company is in its lifecycle, the more weight falls on the strength of those projections, since there is no operational history to demonstrate performance. For that reason, each case is analyzed individually.

If you are considering using a pre-operational startup for EB-5, it is worth verifying the current requirements at the official source and building the plan with professionals who have expertise in both the legal and business sides.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.