Last reviewed September 16, 2026.
The EB-5 immigrant investor category can provide a path to conditional permanent residence for a qualifying investor and eligible family members. It is also a document-intensive immigration process involving investment capital, job creation, visa availability, source-of-funds evidence, and continuing compliance. Immigration approval is separate from the financial merits or risk of any investment.
M.C. Law Group advises prospective investors on immigration eligibility and petition strategy. Investors should also obtain independent securities, tax, corporate, and financial advice before transferring funds or signing investment documents.
Current EB-5 Minimum Investment Amounts
For petitions filed on or after March 15, 2022, the statutory minimum investment is generally:
- $1,050,000 for a standard EB-5 investment; or
- $800,000 for an investment in a qualifying targeted employment area or qualifying infrastructure project.
These amounts are subject to statutory inflation adjustments. A rural-area, high-unemployment-area, or infrastructure classification requires evidence that the project satisfies the applicable definition; an address or marketing statement alone does not establish eligibility. Verify the current amount and classification before committing or transferring funds.
See the current USCIS EB-5 program information and the USCIS fee schedule before filing. Government filing fees, regional-center or project charges, professional fees, and the investment capital itself are separate amounts.
Standalone Investment or Regional Center Investment
Standalone EB-5 investment
A standalone investor generally files Form I-526, Immigrant Petition by Standalone Investor. The investor must document the qualifying new commercial enterprise, the capital placed at risk, the lawful source and path of funds, and the creation of at least 10 qualifying full-time positions. Direct job creation is central to a standalone case.
Regional center investment
An investor associated with a USCIS-designated regional center generally files Form I-526E, Immigrant Petition by Regional Center Investor. The filing must identify the regional center and the applicable project filing, including the Form I-956F receipt information required by current instructions. Regional-center cases may use qualifying direct and indirect job-creation methodologies, but regional-center designation does not guarantee petition approval, repayment, return, or immigration success.
USCIS status, project documents, offering materials, job-creation assumptions, use of proceeds, exit terms, conflicts, and litigation or regulatory history should be reviewed before investment. Immigration counsel’s review does not replace investment due diligence.
Job-Creation Requirement
An EB-5 petition generally must support the creation of at least 10 permanent, full-time positions for qualifying U.S. workers for each investor. A full-time position ordinarily requires at least 35 working hours per week. The investor and qualifying family members do not count toward the 10-position requirement.
The evidence differs between standalone and regional-center cases. A standalone filing may rely on payroll records for jobs already created or a detailed, credible business plan for qualifying positions expected to be created. A regional-center project may also rely on reasonable economic methodologies for qualifying indirect jobs. Job-preservation rules for a troubled business and timing questions require case-specific analysis.
Lawful Source and Path of Investment Funds
The investor must show that the capital came from lawful sources and trace how it moved from those sources into the new commercial enterprise. Depending on the facts, evidence may include:
- Personal and business tax returns;
- Bank, brokerage, and transfer records;
- Employment, compensation, dividend, or business-ownership documents;
- Property-sale contracts and proof of the original acquisition and sale proceeds;
- Loan documents, collateral records, repayment terms, and evidence concerning the lender’s funds;
- Gift records and evidence of the donor’s lawful source of funds;
- Inheritance, court, or estate documents; and
- Currency-conversion and third-party transfer records.
A large account balance or final wire receipt alone may not establish the full source and path. Unexplained deposits, informal currency exchanges, third-party transfers, tax inconsistencies, or funds committed before legal review can create difficult evidentiary issues.
Capital Must Be Invested and At Risk
EB-5 requires a qualifying investment in a new commercial enterprise. The petition must show that the investor has invested or is actively in the process of investing the required capital and that the arrangement satisfies the applicable at-risk rules. Guaranteed repayment, prohibited redemption rights, debt arrangements, reserves, and side agreements may affect eligibility. The controlling agreements and actual movement of funds must be reviewed together.
From Petition to Conditional Residence
- Immigrant petition: file Form I-526 for a standalone case or Form I-526E for a regional-center case with the required evidence and current fees.
- Permanent-residence processing: when permitted by visa availability and the investor’s circumstances, pursue adjustment of status through Form I-485 or immigrant-visa processing through the Department of State. Filing and approval rules are not identical, and travel, status, admissibility, and timing require separate review.
- Conditional permanent residence: an approved investor and qualifying derivatives generally receive permanent-resident status on a conditional basis for two years.
- Removal of conditions: file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status, within the 90-day period immediately before the second anniversary of obtaining conditional residence. The filing must document continued eligibility, investment, and job creation under the applicable rules.
Petition approval alone does not guarantee adjustment approval, an immigrant visa, admission, or approval of Form I-829. Visa availability, admissibility, material changes, project performance, and compliance evidence can affect later stages.
EB-5 Document-Preparation Checklist
Before an immigration consultation, organize:
- Passports, immigration records, and the family members expected to immigrate;
- A chronology of how the investment capital was earned, received, transferred, converted, and invested;
- Tax returns, bank statements, business records, sale documents, loan or gift documents, and transfer receipts;
- The subscription agreement, private placement memorandum, operating or partnership agreement, escrow agreement, business plan, and economic-impact report;
- Regional-center designation and project filing information, if applicable;
- Documents concerning fees, repayment, redemption, guarantees, use of proceeds, and exit terms; and
- Any prior immigration denials, arrests, status violations, or other admissibility concerns.
EB-5 Compared With Temporary Investor Options
EB-5 is an immigrant category and differs from temporary treaty-investor or treaty-trader classifications. Nationality, investment amount, business control, intent, timing, and long-term objectives may point toward a different strategy. Review the firm’s investor immigration overview and E-2 treaty investor information before assuming EB-5 is the only option.
Consult an EB-5 Investor Visa Lawyer
A brief initial telephone evaluation is available at no charge to help determine whether the firm handles the immigration issue. A detailed review of source-of-funds records, project documents, immigration history, or petition strategy is ordinarily a paid attorney consultation. Fees and scope are explained before scheduling.
Call 203-373-9080 or use our contact page. Contacting M.C. Law Group does not create an attorney-client relationship. No immigration or investment result can be guaranteed.
