IN THIS GUIDE · Separate the subscription deadline from source-of-funds and job evidence
Start with the EB-5 eligibility and application overview
Trace each contribution before combining the total
Hypothetical example: funds arrive from savings, an asset sale and a family transfer. Identify the lawful source and path for each component and the genuine terms of any gift or loan. A bank balance does not explain how all funds were obtained.
Review the project and job-creation method
Identify whether the proposal is a standalone investment or a regional-center arrangement and obtain the applicable evidence. EB-5 requires the creation of the required qualifying jobs, generally ten, under the relevant rules. A promotional job estimate is not itself proof that those rules are satisfied.
Keep fees and capital distinct
Confirm the current investment threshold and applicable location or category on the actual filing date. Separate administrative and professional charges from qualifying invested capital. Do not assume every payment in the subscription package counts toward the required investment.
Review outcomes and timing independently
Capital must be at risk; guaranteed-return assumptions need careful review. A project acceptance does not guarantee immigration approval, repayment or immediate permanent residence. Visa availability, admissibility and later requirements remain relevant to the household plan.
Use the current capital, job and residence conditions
The current standard capital minimum is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure investment. Statutory adjustments begin January 1, 2027; use the petition filing date. At least ten qualifying full-time jobs per investor are required under the applicable standalone or regional-center method. Assess management or policy participation, including qualifying limited-partner rights. Conditional residence starts at immigrant-visa admission or adjustment approval; I-829 is generally filed in the 90 days before its second anniversary. Filing does not itself remove conditions or guarantee repayment.
Decide between a regional-center project and a direct investment
The qualifying investment is one million and fifty thousand United States dollars, reduced to eight hundred thousand where the enterprise is principally doing business in a targeted employment area or is an infrastructure project. At least ten full-time positions for qualifying U.S. workers must result, and that is proved from what actually happened when conditions are removed. The investment must create at least ten full-time jobs for qualifying U.S. workers, and regional centers may count indirect jobs shown by an economic model. Where a project claims the reduced amount, ask on what basis and ask to see the designation evidence rather than accepting the claim. Request evidence identifying the filed project and compare its version with the offering, business plan, and economic analysis. The business plan submitted with the petition must be credible and detailed enough to show the ten jobs will be created within the two-year conditional period, and the removal-of-conditions petition, Form I-829, will be judged against that plan. Ask the project for the documents supporting its location and job methodology, not merely a label used in marketing. If a regional-center filing uses indirect jobs, read the methodology and inputs; if the investment depends on direct hiring, use staffing records and the employer’s actual operating plan.
Direct investment expects the investor to be engaged
Investing through a regional centre generally means holding a limited partnership or similar interest, and the rights attached to that position ordinarily satisfy the requirement that the investor be engaged in the management or policy formulation of the enterprise. Direct jobs generally mean at least 35 hours weekly; contractors, nonimmigrants, the investor, spouse and sons or daughters are excluded. A project update may matter to job creation and sustainment even when it does not answer whether an immigrant visa is currently available or whether the investor is admissible.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.