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ORFORD · EB-5 FIELD GUIDE

In Orford, does an earlier budget guarantee the capital amount for a later EB-5 filing?

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THE DIRECT ANSWER

Confirm the requirements applicable to the actual filing rather than rely on the budget date alone.

Keep the statutory adjustment visible

Adjustments begin January 1, 2027. Do not invent the future figure or assume a private project estimate establishes the government requirement for every later case.

Anchor the capital analysis to the filing date and investment structure, not a private budget's date. For September 2026, the general level is US$1,050,000; US$800,000 applies to a qualifying targeted employment area or infrastructure project. Statutory adjustment begins January 1, 2027, so the later amount must be verified rather than guessed. The file must trace lawful source and path, keep capital at risk, support ten full-time qualifying U.S. jobs, and provide the investor a management or policy role. Use Form I-526E for a regional-center investment and Form I-526 for a direct case. Residence is conditional for two years, and Form I-829 must be filed within the 90-day period immediately preceding the second anniversary. The common mistake is treating a reservation agreement as a government rate lock.

Hypothetical example: an Orford recycled-timber plant investor builds a 2026 worksheet but expects to file after the statutory adjustment date. She should update the legal minimum, offering terms, funding schedule, and job model before transferring the balance. Sale records and bank statements must trace her capital, while payroll projections must identify ten qualifying full-time positions rather than contractors. A regional-center structure would call for I-526E; a direct plant case would use I-526. Her spouse and unmarried children under 21 may be derivatives, not substitutes for the principal requirements.