The investment structure, lawful source and path of capital, applicable at-risk requirements and qualifying job creation need to be established. The reduced threshold depends on the project’s qualifying circumstances, not the investor’s preference.
Assess the project and investor evidence together
Ask which petition route applies and what each part of the record proves. A complete personal funding history does not establish the project’s job evidence, and a project presentation does not establish the investor’s lawful capital. Identify unresolved points before committing. Capital thresholds and filing requirements should be confirmed against current official instructions for the planned filing.
The capital must stay at risk for the period the law requires, the enterprise must create the required jobs, the investor must continue in management or policy formulation, and permanent residence carries its own obligations that extended absences can undermine. The investor must be engaged in management or policy formulation, and the rights of a limited partner under a properly drafted partnership agreement are treated as sufficient; a purely passive silent investment is not.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- U.S. Code — INA 203(b)(5), investment thresholds and adjustment
- USCIS EB-5 policy manual
- USCIS I-829
- 8 USC 1153 — permissible capital and jobs
- 8 CFR 204.6(e) — qualifying employees only