New jobs must generally be full-time, which is defined as 35 hours per week. Workers must be U.S. citizens, permanent residents or otherwise authorized to work in the United States, but they cannot include the investor or his or her family members. Construction jobs count toward the requirement under certain circumstances.

There are several ways to count jobs toward the minimum threshold requirement:

• Direct jobs – Direct employees of the commercial enterprise receiving EB-5 financing.
• Indirect jobs – Consequential jobs created as a result of the investment (e.g., suppliers to the commercial enterprise receiving EB-5 financing).
• Induced jobs – Jobs created by spinoff economic activity (e.g., increased spending by direct or indirect employees at other businesses in the community).

Note, however, that indirect and induced jobs may only be counted if the commercial enterprise is affiliated with a regional center, such as TMARC, and is approved by the USCIS.

A regional center is an economic development organization approved by the USCIS that connects foreign investors to U.S. business opportunities in need of financing. The regional center facilitates the approval of projects with the USCIS by providing the economic analyses and business plans to demonstrate the feasibility of projects and sufficient job creation. The regional center oversees the creation and ongoing administration of projects under the EB-5 program, assists foreign investors with their applications for permanent residency, and ensures that all requirements of the EB-5 program are met. TMARC was officially approved as a USCIS regional center on June 3, 2014.

A foreign investor must invest in a new commercial enterprise, which generally means a business that was established after Nov. 29, 1990, but can also include restructured and expanded businesses under certain circumstances. For example, if the foreign investment creates a 40% increase in the net worth or number of employees of the business, then it would be eligible.

An existing business may qualify as a troubled business for an EB-5 investment if it has been in existence for at least two years and has sustained a one or two year loss of 20% net worth. Preserved jobs in a troubled business count toward the job creation requirements. In practice, the troubled business standard has not been used much in the EB-5 program because of foreign investors' reluctance to participate in risky investments.

A foreign investor must also be actively involved in the management of the business, whether day-to-day or through policy. Foreign investors have rights similar to those of limited partners in a limited partnership.