IN THIS GUIDE · Evaluate the immigration evidence and the investment risk independently
Connect the investment to qualifying jobs
The program generally requires at least ten permanent full-time positions for qualifying U.S. workers. The applicable evidence differs between standalone and regional-center arrangements. Ask how the project proposes to establish the required jobs and which assumptions support that account. A project’s branding or a regional center’s designation is not a guarantee of either immigration approval or financial performance.
Document the lawful source and path of capital
Identify how the investor obtained the money and how it reaches the investment. Hypothetical example: a Calgary resident uses proceeds from a business sale that passed through several accounts. Retain the sale, ownership and transfer records and explain material differences or conversions. A final balance establishes that funds are present, but not their complete lawful history.
Read the offering as a financial commitment
Review how capital is deployed, the contractual terms, fees and project risks with appropriate independent advisers. Keep the immigration evidence separate from projected returns. A promise of a safe investment or a guaranteed immigration result should not replace an examination of the actual documents. Ask what happens if the project changes and how that could affect the evidence needed later. The required ten jobs are per investor and generally require at least 35 hours weekly for qualifying employees; permitted regional-center indirect-job methodology needs its own evidence. The investor must participate in management or policy formulation, and capital must remain at risk under the applicable rules. Direct qualifying employees exclude independent contractors, nonimmigrants, the investor, spouse and sons or daughters. Contractual investor repayment rights and guaranteed rates of return are excluded from qualifying capital; an enterprise’s sole-discretion buyback exception remains subject to sustainment and other requirements.
Plan for the immigration stages and the household
The process involves the investor petition, an immigrant visa or adjustment stage where available, and later removal of conditions. Visa availability and individual circumstances affect the sequence. Include each family member’s age and objectives early. A payment or petition filing should not be assumed to freeze a child’s age; the applicable CSPA and timing rules require individual assessment. Two-year conditional residence begins with immigrant admission or approval of adjustment, not approval of the investor petition. Form I-829 is ordinarily filed during the 90 days before that residence’s second anniversary. Filing it does not automatically remove conditions or require repayment of capital.
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
- 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