Payroll design does not lower the statutory capital threshold. Current general amounts are US$1,050,000 or US$800,000 for a qualifying targeted employment area or infrastructure project.
Evaluate capital and staffing as separate conditions
Statutory adjustments begin January 1, 2027, so use the amount applicable to the filing. A business may model staffing costs, but a cheaper schedule must still meet the relevant job requirements. Budget immigration charges and professional work separately; neither administrative spending nor the number of employees automatically establishes qualifying invested capital.
Government charges attach to the investor petition, to adjustment of status or consular processing for each family member, and again to removing conditions two years later; Form G-1055 is the reference and should be checked when each stage is reached. The petition to remove conditions carries its own government charge, its own evidence assembly and often its own professional fee, and it falls due years after the initial enthusiasm, and any sponsor relationship, have cooled. An advertised all-in price can omit material obligations, and a projected return figure does not describe the investor's full financial exposure, so separate professional advice on the commercial and tax consequences is appropriate.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- EB-5 full-time positions, job sharing and qualifying employees — 8 CFR 204.6(e), not obsolete capital figures
- Current EB-5 capital statute — 8 USC 1153(b)(5)
- USCIS I-829 instructions