IN THIS GUIDE · Distinguish an ordinary business contribution from an EB-5 investment
Identify what the contribution actually buys
Hypothetical example: a co-owner proposes to fund an expansion and asks whether the same payment supports EB-5. Record the entity, legal rights, use of funds and actual structure. Do not assume an ordinary capital contribution satisfies every requirement merely because it supports business growth.
Review the capital and job framework
Confirm the current applicable investment threshold and qualifying capital treatment. Identify standalone or regional-center structure and the relevant method for qualifying jobs, generally ten. A business forecast needs an appropriate evidentiary basis; a contribution receipt does not prove the job requirement. The requirement concerns at least ten qualifying permanent full-time jobs per investor. For direct employment, full-time generally means at least 35 hours weekly; contractors, nonimmigrants, the investor, spouse and sons or daughters are excluded from qualifying employees.
Trace the investor’s actual funds
Provide lawful origin and transfer records and identify financing, fees and other owners’ contributions separately. The company’s total funding is not automatically this investor’s qualifying capital. Preserve the actual obligations and risks rather than treating all enterprise money as interchangeable.
Assess individual and commercial outcomes separately
Review business risk, repayment uncertainty, visa availability and admissibility. Family and any CSPA issue require individual analysis; filing does not automatically freeze age. Neither ownership rights nor a successful expansion guarantees immigration approval or timing. Participation in management or policy formulation is required; qualifying limited-partner rights can satisfy it without daily operation. Contractual investor repayment rights and guaranteed rates of return are excluded from qualifying capital. An enterprise-only discretionary buyback option has a statutory exception: exercising it requires petition withdrawal unless applicable sustainment and other requirements have been fulfilled. It is not a repayment entitlement for the investor.
Use the current capital, job and residence conditions
As checked September 7, 2026, the standard capital 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; confirm the filing-date amount. At least ten qualifying permanent full-time jobs are required, with the applicable standalone or regional-center method assessed. The investor petition does not itself grant residence: the applicable immigrant-visa or adjustment process follows. Conditional residence then requires removal of conditions, with Form I-829 generally filed in the 90 days before its second anniversary. The conditional-residence clock starts at immigrant-visa admission or adjustment approval. I-829 filing alone does not remove conditions or guarantee return of capital.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.