Is there a ‘fair market value’ requirement in the EB-5?

Not as a formal program requirement. ‘Fair market value’ is a financial analysis tool, but EB-5 does not require the investor to demonstrate it in documents submitted to USCIS.

In practice, this concept is used to assess whether a business or asset is being traded at a price consistent with the market, in a transaction between independent and well-informed parties. It is useful for your investment decision, but it is not a requirement of the immigration process.

What USCIS actually reviews is a different set of points:

• Whether the investment was actually made in the business or proposed project.
• Whether the funds applied lead to the creation of the direct or indirect jobs required by the program.
• Whether everything is in compliance with the program criteria.

In other words, EB-5 focuses on compliance with the investment and job-creation requirements, not on proving a ‘fair’ market value. Even so, thoroughly evaluating the business with specialized professionals helps you understand risks and verify the integrity of intermediaries, always confirming the current rules at the official source (USCIS).

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Victoria Harper

Editor-in-Chief

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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.