Map the lawful source
Identify the events that generated the capital and the relevant supporting records, including prescribed tax evidence where applicable. Separate earned income, sale proceeds, gifts or loans according to the actual facts. A convenient label should not replace the real history. EB-5 needs lawful source and path, capital at risk, qualifying jobs, and conditional residence after the later immigrant stage. Identify the record that settles this point. Distinguish established fact from forecast, and explain any genuine discrepancy without altering a source.
Trace the transfers
Record how the funds moved through accounts to the investment. Explain intermediaries and currency conversions using reliable documents. The most recent bank statement may show availability without establishing lawful origin or the complete path. EB-5 needs lawful source and path, capital at risk, qualifying jobs, and conditional residence after the later immigrant stage. Identify the record that settles this point. Distinguish established fact from forecast, and explain any genuine discrepancy without altering a source.
Review the qualifying investment
Assess capital, at-risk treatment, the enterprise and job evidence. Current statutory amounts are generally US$1.05 million or US$800,000 for qualifying targeted employment area or infrastructure cases, with scheduled adjustment and applicable rules. Fees and charges require separate treatment. EB-5 needs lawful source and path, capital at risk, qualifying jobs, and conditional residence after the later immigrant stage. Identify the record that settles this point. Distinguish established fact from forecast, and explain any genuine discrepancy without altering a source.
Coordinate evidence and procedure
Identify what records are required, how to request them and the actual filing deadlines. A project subscription date is not permission to omit prescribed evidence. Petition approval, residence and later removal of conditions remain distinct stages. EB-5 needs lawful source and path, capital at risk, qualifying jobs, and conditional residence after the later immigrant stage. Identify the record that settles this point. Distinguish established fact from forecast, and explain any genuine discrepancy without altering a source.
Complete the project-side eligibility record
The enterprise must support at least ten qualifying full-time jobs per investor using the applicable direct or regional-centre rules. Required investor participation can be management or policy formulation, including qualifying limited-partner rights. Neither condition is established simply by obtaining the missing tax returns. EB-5 needs lawful source and path, capital at risk, qualifying jobs, and conditional residence after the later immigrant stage. Identify the record that settles this point. Distinguish established fact from forecast, and explain any genuine discrepancy without altering a source.
Keep filing dates with the evidence requests
The capital adjustment is scheduled to begin January 1, 2027; confirm the threshold for the actual filing. Once conditional residence starts, the generally applicable I-829 window is the 90 days before its second anniversary. Removal requires the later process; a timely submission alone does not remove conditions or guarantee return of the investment. EB-5 grants two-year conditional permanent residence; a spouse and unmarried children under 21 may qualify as derivatives, and Form I-829 is the later process for removing conditions. EB-5 needs lawful source and path, capital at risk, qualifying jobs, and conditional residence after the later immigrant stage. Identify the record that settles this point. Distinguish established fact from forecast, and explain any genuine discrepancy without altering a source.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.