Start with the EB-5 eligibility and application overview
Identify the actual establishment theory
Where the regulatory expansion route is relied upon, the business must achieve a substantial change of at least 40% in net worth or number of employees, reaching at least 140% of the relevant pre-expansion level. This is not a universal growth requirement for every EB-5 business. Identify the actual basis for qualifying the enterprise instead of applying an expansion percentage without context. Capital exchanged for a contractual repayment right or a guaranteed rate of return is excluded. An option exercisable solely at the new commercial enterprise’s discretion has a narrow exception: exercising it requires petition withdrawal unless the applicable sustainment period and other requirements have been fulfilled.
Measure the factor the rule actually uses
Distinguish net worth, employee numbers, revenue and valuation. Explain the relevant pre-expansion record and evidence supporting the asserted change. A revenue forecast does not itself prove the stated net-worth or employee comparison, and renaming the business does not establish a qualifying restructuring or expansion.
Retain the investor’s separate conditions
Current general capital amounts are US$1,050,000 or US$800,000 for a qualifying targeted employment area or infrastructure project, with statutory adjustments beginning January 1, 2027. Show lawful at-risk capital invested or actively being invested, at least ten qualifying permanent full-time jobs per investor under the applicable method and managerial or policy engagement. An enterprise-establishment theory does not waive those requirements. For gifted or borrowed capital, establish lawful source and a good-faith arrangement that does not circumvent restrictions on permissible capital sources. For direct employment, a qualifying permanent full-time position requires at least 35 hours weekly; independent contractors, nonimmigrants and the investor, spouse, sons or daughters are excluded from qualifying employees.
Track actual immigration stages
Petition approval does not grant residence or current work authorization. Conditional residence follows the applicable admission or adjustment process; I-829 is generally filed during the 90 days before its second anniversary. Keep supporting business and job records available for the later showing rather than assuming an expansion announcement completes the immigration process.
Investment amount, targeted employment area and job creation
The investor must be engaged in management or policy formulation; for a limited partner in a regional-centre fund, the rights under the partnership agreement usually satisfy this, so daily involvement is not required. A regional-center investment may count indirect and induced jobs shown through an accepted economic methodology, which is the main reason a passive investor chooses it over a standalone business. The enterprise must create at least ten full-time positions for qualifying United States workers, meaning citizens, lawful permanent residents and certain other authorised immigrants, but not the investor or the investor's immediate family. Form I-829 is filed within the ninety days immediately before the two-year conditional period expires, and it asks for proof that the enterprise was sustained and that the required employment was created or, in some circumstances, will be created within a reasonable time. Review the enterprise structure, offering documents, planned use of capital, fees, project timetable, job-creation assumptions, conflicts, and exit risks with advisers qualified for those questions. The reduced amount is the reason most offerings describe themselves as targeted-employment-area projects, and that description is a legal designation resting on unemployment or rural criteria rather than a sales point. The conditional-residence period and the later removal-of-conditions filing are not reset by a delayed construction milestone or an investor’s preferred relocation schedule.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- Current EB-5 capital statute — 8 USC 1153(b)(5)
- EB-5 enterprise expansion — 8 CFR 204.6(h)(3); not used for obsolete capital figures
- USCIS — I-829 instructions