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FOR IMMIGRANT INVESTORS · MACDONALD, MEREDITH AND ABERDEEN ADDITIONALMacdonald, Meredith and Aberdeen Additional

Invest in anew chapter.

EB-5 is an immigrant-investor route with statutory investment, job-creation, and source-of-capital requirements. The investment must be placed at commercial risk in a qualifying new commercial enterprise, and the applicable capital threshold and filing form depend on the route and current law. The statutory capital is generally US$1.05 million, or US$800,000 for a qualifying targeted employment area or infrastructure case, with a scheduled adjustment from January 1, 2027; at least ten qualifying full-time jobs for qualifying U.S. workers are generally required for each investor; and the investor must be engaged in the management or policy formulation of the enterprise. Derivative status reaches the spouse and unmarried children under 21. A direct investment and a regional-centre investment use different evidence frameworks; form names do not substitute for a correct project classification. An approved investor petition does not itself grant residence or immediate permission to live or work in the United States. The applicant must complete the applicable immigrant-visa or adjustment process, subject to visa availability, before conditional permanent resident status begins. Conditional residence generally lasts two years, followed by a timely petition to remove conditions with evidence that the required capital and job-creation conditions were met or are being met as the statute permits. Given the financial and legal consequences, prospective investors should obtain independent regulated legal, financial, tax, and due-diligence advice. Due diligence belongs beside immigration planning, not after it. Review the enterprise structure, offering documents, planned use of capital, fees, project timetable, job-creation assumptions, conflicts, and exit risks with advisers qualified for those questions. Immigration eligibility does not guarantee commercial performance, and a business projection is not a promise of returns or visa availability. Keep a source-of-funds index that points to the original records for every major transfer, including the history before money reached a personal account. For conditional residence, establish early how the investment and employment evidence will be preserved. A later I-829 filing requires its own statutory showing, so the investor should understand from the outset which milestones will generate reliable evidence and which facts could require updated analysis. Keep written notes of the questions raised in independent diligence and the answers supplied by the project. An investor should understand which documents are primary, which are projections, and which future events may affect the immigration path. Preserve records securely, including source-of-funds material, subscription or enterprise documents, and evidence relevant to the later conditional-residence stage. The final package should be internally consistent, complete enough for the selected procedure, and limited to facts the records can genuinely support. If an essential premise changes, revisit the route before relying on an earlier assessment. Keep the controlling evidence available for any later government question or extension review.

Talk about EB-5
Standard capitalUS$1,050,000
Qualifying reduced levelUS$800,000
Job creationAt least 10 qualifying full-time jobs

Start with the EB-5 eligibility and application overview

01

Pick the correct investment framework

Determine whether the proposal is direct or through a designated regional centre, then confirm the correct petition and evidence standards. Do not choose a form because it appears shorter. The enterprise documents, job methodology, capital structure, and offering materials must match the selected route.

02

Document lawful capital

Trace the capital from its lawful origin through every transfer into the investment. Tax filings, business-sale records, salary documents, gifts, loans, and bank records may all matter depending on the facts. A summary chart helps only if the underlying documents support each link.

03

Understand job evidence

Direct cases and regional-centre cases may use different approaches to job creation. Review the project materials, employment assumptions, and timing carefully. An investor should understand what evidence will be available later for removal of conditions, not merely what was persuasive at the first filing.

04

Keep family facts current

A spouse and unmarried children under 21 may be included as derivatives and have related immigration consequences, but their documents and timing require individual attention. Record passports, civil status changes, and age-sensitive dates early. Do not treat a payment amount as a shortcut for family eligibility.

05

Separate milestones

Investment, petition adjudication, visa availability, consular or adjustment processing, conditional residence, and I-829 are distinct stages. A schedule that names each stage is more reliable than calling the whole process an approval. Use the official instructions for current fees and forms.

SOURCES FOR THIS GUIDE

Sources reviewed 2026-09-08. This guide covers a preparation focus; it is not an individual eligibility assessment.

EB-5 · MACDONALD, MEREDITH AND ABERDEEN ADDITIONAL

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