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LEDUC · EB-5 FIELD GUIDE

Does a 40% sales increase automatically satisfy the EB-5 regulatory expansion route?

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THE DIRECT ANSWER

No. That route concerns a substantial change in net worth or employee numbers, reaching at least 140% of the relevant pre-expansion level.

Use the right measure for the claimed route

Revenue is a different measure. First identify whether the expansion route is the actual enterprise-establishment theory; not every EB-5 case has a universal 40% growth requirement. The investor’s lawful at-risk capital, qualifying jobs and participation remain separate conditions.

The reduced amount is not a discount that can be claimed by describing a location as rural; it depends on the project actually falling within a targeted employment area or qualifying infrastructure category as those are currently defined. Confirm three things independently and in writing: the capital figure applicable to the intended filing, the basis on which any lower threshold is claimed, and whether the petition will be a standalone or a regional center filing, since the job-creation evidence differs between them. Ask counsel to review the change before any pending capital call, further instalment, or escrow release moves, because money already deployed into a revised structure is harder to argue about than money still held.