IN THIS GUIDE · Build a direct EB-5 case around jobs you will actually create and money you can actually trace
Start with the EB-5 eligibility and application overview
Confirm the capital amount and the location decision together
Under the 2022 Reform and Integrity Act the standard investment is US$1,050,000, reduced to US$800,000 for a project in a targeted employment area or a qualifying infrastructure project; these figures are subject to periodic adjustment and should be verified on the USCIS EB-5 page before funds move. Whether the Arizona site is in a high-unemployment or rural area is now determined by USCIS on evidence submitted with the petition, so the contractor should choose his site with that designation in mind and obtain the unemployment or population data early rather than assume the reduced amount.
Count only jobs the enterprise creates
A direct investor must show that the new commercial enterprise will create at least ten full-time positions, meaning at least 35 hours a week, for US citizens, permanent residents or other qualifying workers. The investor, his spouse and children do not count. Jobs must be created within the required period after the investment, and the business plan should show hiring by position, wage and start date. Contract labour and part-time positions do not qualify, so a plan built on subcontracted installers will fall short even if the plant is busy.
Trace the source and the path of every dollar
The contractor's funds may come from retained earnings of his Canadian company, the sale of equipment, or a loan secured on his own assets. Each source needs documentation back to its origin: corporate financial statements and tax filings for the earnings, bills of sale and bank records for equipment, loan agreements and security documents for borrowed funds. The path from those sources to the new enterprise's account must be shown by bank records. Any gap in the source or transfer trail can prompt a request for evidence or prevent the investor from proving that the capital was lawfully obtained.
Manage the enterprise and plan for the conditional period
The investor must be engaged in the management of the enterprise through day-to-day control or policy formulation; owning the plant and hiring a manager while remaining in Lake Country is not enough. If the petition is approved and a visa is available, the family receives two years of conditional permanent residence, with Form I-829 filed in the 90 days before the second anniversary to show the investment was sustained and the jobs created. His spouse and unmarried children under 21 are derivatives, with age protection under the Child Status Protection Act calculated from the petition, so a child close to 21 needs particular attention. A disciplined file preserves the operating records from the first day: capital-account statements, payroll reports, tax records, organisational charts, and minutes showing policy participation. Those records make the later conditional-residence filing a continuation of the original evidence rather than a reconstruction. The practical decision is whether the business can maintain the planned jobs and the investor's managerial or policy role through that later stage, not merely whether it can open successfully.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.
