Start with the EB-5 eligibility and application overview
Understand the proposed job evidence
At least ten qualifying full-time jobs per investor are required. Standalone and regional-center cases have different permissible job-evidence approaches. Identify the basis of any model or direct employment count instead of treating every contractor, expense or projected position as interchangeable. The ten positions must be full-time jobs for qualifying U.S. workers. Follow the source-and-path record from the origin asset to the new commercial enterprise. A business sale, salary, gift, inheritance, or loan may each require different proof, but the account entries and legal documents must connect the applicant to the funds actually invested. Identify intervening accounts, currency conversions, and any person who held the funds temporarily. Capital must be placed at risk for a return; a guaranteed repayment arrangement can undermine that analysis. The terms governing repayment, redemption, or collateral deserve the same attention as the amount transferred.
Keep investment and residence requirements visible
Capital is generally US$1.05 million, or US$800,000 for qualifying TEA or infrastructure investments, with statutory adjustments beginning January 1, 2027. Lawful source and path, at-risk investment and management or policy-formulation participation remain necessary. A petition decision does not grant residence. I-829 is generally filed in the 90 days before the second conditional-residence anniversary; filing alone does not remove conditions or secure repayment. Successful investors and derivatives receive two-year conditional permanent residence and must use Form I-829 to seek removal of conditions. The job requirement is at least ten qualifying full-time positions for each investor, but the evidence varies with the structure. Direct employees are not interchangeable with construction spending or broad economic activity. A reader should determine which positions are counted, when they are expected, who employs them, and what supporting payroll or modelling evidence applies. 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. The investment choice should follow the evidence available, not a headline job total. Approval of the immigrant petition does not itself deliver unconditional resident status. EB-5 residence begins conditionally, and the investor later needs to seek removal of conditions through the applicable I-829 process with evidence tied to the investment and job requirements. That timing affects decisions about repayment, business changes, and document retention. Keep the capital, job, and residence records aligned from the start, because a later filing cannot repair a missing money trail or recreate unsupported employment evidence.
Decide between a regional-center project and a direct investment
In a regional centre project that role is usually structured through a limited partnership interest with defined rights. For direct jobs, full time generally means at least 35 hours weekly; independent contractors, nonimmigrants, the investor, spouse and sons or daughters do not qualify. A credible plan identifies the positions, their hours, when they are filled and how they are sustained, and distinguishes construction activity from ongoing operations.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.
