EB-5 immigrant investors

The investment requirement

For new filings under the current statutory framework, the investment amount is generally $1,050,000, or $800,000 for qualifying targeted employment area or infrastructure investments. The statute provides for an adjustment beginning in 2027, so confirm the applicable amount before committing to a filing.

Source of funds, business and job-creation requirements

The investment must satisfy the applicable lawful-source, capital, business and job-creation requirements. Qualifying job creation cannot simply be replaced by a general claim that a project benefits the local economy. Standalone and regional-center cases have different features and documentation.

Investment and immigration outcomes are not guaranteed. Project administration charges are not one universal government-set amount. A repayment promise or contractual structure must be assessed carefully; do not assume that immigration approval guarantees return of the capital.

Application stages and investment risks

Our practice can review the immigration framework, identify the relevant petition route and explain the evidence needed from the investor and project. Independent commercial and financial due diligence remains important when evaluating an investment.

Where conditional permanent residence is granted, the later removal-of-conditions step must be planned. The I-829 filing window is generally the 90 days before the second anniversary of obtaining conditional residence. Travel and residence obligations also require attention; a simple annual day-count promise should not replace an assessment of the actual circumstances.

General information only; it does not replace advice about an individual case.