An EB-5 investor must commit qualifying capital at the applicable threshold, document its lawful source and path, create at least ten qualifying full-time U.S. jobs, and participate in management or policy formulation.
Capital, source, jobs, engagement
The capital threshold is $1,050,000 in the standard case, or $800,000 where the investment is in a targeted employment area or an infrastructure project, amounts set by the 2022 Reform and Integrity Act that should be confirmed against the current official position before money moves. The capital must belong to the investor, be lawfully obtained, be traceable from origin to the new commercial enterprise, and be genuinely at risk. The investment must create at least ten positions of thirty-five or more hours per week for qualifying U.S.
workers; the investor, spouse, children and non-immigrant workers are excluded from that count. The investor must be engaged in management or policy formulation rather than holding a passive stake. Approval produces two years of conditional permanent residence, with Form I-829 filed in the 90 days before the second anniversary to seek removal of conditions by proving the capital stayed invested and the jobs were created and sustained.