Identify the enterprise and investment
Review the actual acquisition and capital arrangement, not only the number of employees advertised. Current statutory amounts are generally US$1.05 million or US$800,000 for a qualifying targeted employment area or infrastructure investment, with adjustment scheduled from January 1, 2027. Establish the applicable category and amount for the filing. Separate purchase price, project fees, reserves, and qualifying capital in a closing schedule. EB-5 capital must remain exposed to business risk; a document calling money an investment does not settle its treatment.
Assess the job basis
EB-5 generally requires at least ten qualifying full-time jobs per investor. Existing positions must be analyzed under the applicable rules; a change of ownership alone is not automatic proof of qualifying job creation. Any preservation basis needs its own conditions and evidence, rather than assuming every acquisition is covered. Count positions from records that identify hours, employee, start date, and connection to the investment. The analysis must address ten qualifying full-time jobs per investor or the specific rules for a permitted preservation theory.
Trace capital and participation
Establish lawful source and path, capital at risk and the investor’s qualifying management or policy-formulation participation. Appropriate limited-partner rights can be relevant under the applicable framework; daily operational management is not universally required. Separate project charges from qualifying capital according to their actual treatment. Create a source-and-path chronology from earnings or other lawful origin to the enterprise. Bank records, tax materials, agreements, and transfers should tell one consistent story about each movement of capital and the investor's management or policy role.
Plan residence and later evidence
An investor petition is not itself residence or work permission. Complete the applicable immigrant visa/admission or adjustment process subject to eligibility, admissibility and visa availability. I-829 is generally filed in the 90 days before the second anniversary of conditional residence; filing does not itself remove conditions or require capital repayment. Plan two distinct stages: conditional residence after the applicable immigrant process, then removal of conditions supported by continuing investment and job evidence. EB-5 involves capital at risk and conditional residence; petition approval alone provides neither residence nor work authorization.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.