Apply the qualifying-worker rules
EB-5 generally requires at least ten qualifying full-time jobs per investor. The investor, spouse and children are excluded, and nonimmigrants do not count merely because they have work authorization. Apply the actual worker definition rather than counting every person on payroll. Build the job-count model position by position: title, hours, start date, worker category, and evidence source. Offer letters, payroll projections, and operational demand must tell the same story. A casual count of anticipated workers is risky because the analysis turns on qualifying full-time jobs, not on the business’s broad hope to expand.
Establish capital and its source
Current statutory amounts are generally US$1.05 million or US$800,000 for a qualifying targeted employment area or infrastructure project, with statutory adjustment scheduled from January 1, 2027. Establish lawful source and path, at-risk capital and the other requirements; an unpaid promise alone is insufficient. Trace lawful source and path records before moving funds, then link the transfer to the new commercial enterprise and a real business risk. EB-5 capital must remain at risk for the required period; a guaranteed redemption or a mere future promise can undermine the case. The investor must decide whether the project documents allocate risk consistently with that rule.
Plan the immigration stages
The investor petition is not itself residence or a work permit. Complete the applicable residence process subject to admissibility and visa availability. The investor, spouse and unmarried children under 21 may receive two-year conditional permanent residence as eligible applicants. Form I-829 is generally filed during the 90 days before the second anniversary of conditional residence; filing does not itself remove conditions. Conditional permanent residence is an interim stage, not the end of the evidence obligation. Preserve capital, job, and enterprise records from the beginning so they can be tested at the later removal-of-conditions stage. Admission, visa availability, and timing remain separate questions, which is why a filed investor petition alone does not authorize a move or employment.
Check investor participation apart from worker eligibility
The investor’s management or policy-formulation role is another EB-5 requirement. Qualifying limited-partner rights can satisfy it without requiring the investor to supervise the workforce personally. Review the enterprise agreement separately from the payroll and worker-status evidence. Read the governing agreement for the investor’s actual policy rights, reporting access, and decision role. That review prevents a job-creation analysis from being mistaken for proof of the management requirement. If the role is only nominal, amend the business arrangement before filing rather than relying on an unsupported description of involvement.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.