My company has been operating for 1 year – can I use EB-5?

In principle, yes. The length of time your company has been operating – whether one year or any other period – is not, in itself, what determines whether you can use the EB-5 program. The program focuses on the investment and the jobs it creates, not on the age of the business.

What truly matters is whether the investment meets the EB-5 requirements, in particular the creation of the number of full-time jobs the program determines. That threshold and the other conditions are set by U.S. authorities, so it is worth checking the updated criteria from the official source rather than relying on figures from memory.

Businesses already in operation can be eligible, provided the EB-5 capital is able to drive the expansion of the business and meet the legal requirements. In many cases, this involves structuring the operation as a new or restructured enterprise that falls within the program rules.

Because small changes in corporate structure or investment type can affect eligibility, the safest path is to build a solid business plan and analyze your situation with a qualified specialist, following immigration law and avoiding promises of easy outcomes.

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.