IN THIS GUIDE · Trace the individual investment instead of relying on a company-wide funding summary
Start with the EB-5 eligibility and application overview
Reconcile the investor’s contribution with the transaction
The current September 2026 minimum is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project. Statutory adjustments begin January 1, 2027 under the applicable petition-filing-date rules. Hypothetical example: an investor’s funds pass through an account that also holds other owners’ contributions. Identify the lawful origin, actual transfers and amount attributable to the applicant rather than presenting the combined balance as personal capital.
Read the rights attached to the capital
Qualifying capital must be at risk. Contractual investor repayment rights and guaranteed rates of return are excluded. An enterprise’s option to repurchase solely at its own discretion has a statutory exception, but exercise requires petition withdrawal unless applicable sustainment and other requirements have been fulfilled. Do not describe that exception as a right for the investor to demand repayment. Gifts or loans must also be in good faith, not used to circumvent the capital restrictions.
Verify jobs and participation independently
At least ten qualifying permanent full-time jobs per investor are required under the applicable standalone or regional-center rules. For direct employment, a full-time position generally requires at least 35 hours weekly; contractors, nonimmigrants, the investor, spouse and sons or daughters are excluded from qualifying employees. Management or policy-formulation participation is also required, potentially through qualifying limited-partner rights. A funding receipt does not establish either the job evidence or the participation rights.
Record the actual residence stages
The investor petition is not a grant of residence. Immigrant-visa admission or adjustment approval begins conditional permanent residence; I-829 is ordinarily filed in the 90 days before its second anniversary. Filing does not automatically remove conditions or release invested capital. Admissibility, visa availability and individual family circumstances affect the case. Eligible derivatives do not need additional principal investments merely to accompany; child-age protection requires the actual CSPA analysis.
Decide between a regional-center project and a direct investment
The enterprise must create at least ten full-time positions for qualifying United States workers: United States citizens or nationals, lawful permanent residents, and other immigrants lawfully authorised to work, excluding the investor, spouse, sons and daughters. A direct investment counts jobs created directly by the new commercial enterprise, including through qualifying wholly owned subsidiaries; a regional-centre investment may also count indirect jobs under an approved economic methodology, which is why the same restaurant group can look different under the two structures. Where the investment is made through a designated regional centre, indirect and induced jobs may be counted according to a reasonable economic methodology. Read the subscription and offering documents for allocation, repayment terms, fees, risks, and investor rights. A high-unemployment-area designation that expires after the qualifying investment does not by itself require the investor to increase the investment; confirm that the reduced threshold applied at the legally relevant time. A standalone case usually means direct involvement in an operating business and direct responsibility for its records; a regional centre case usually means reliance on a sponsor's reporting. The investor should retain periodic statements, project reports and proof that the capital remains deployed as required through the sustainment period. 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 2026-09-08. This guide covers a preparation focus; it is not an individual eligibility assessment.