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FOR IMMIGRANT INVESTORS · NOTRE-DAME-DU-BON-CONSEILNotre-Dame-du-Bon-Conseil

Invest in anew chapter.

EB-5 is an immigrant-investor framework, not a purchase of residence. The investor must place qualifying capital at risk in a new commercial enterprise, show lawful source and path of funds, and support the required creation of at least ten full-time jobs for qualifying U.S. workers. The standard threshold is generally $1,050,000, while a qualifying targeted employment area or infrastructure project may use $800,000; statutory adjustments to those amounts begin January 1, 2027, so the applicable classification, the current rules and the figure applicable on the filing date must be verified. Approval is followed by the visa or adjustment process and two years of conditional permanent residence, with a Form I-829 request to remove conditions filed in the 90 days before the second anniversary. The investment decision should be separated from the immigration filing calendar. Review the enterprise documents, the source and path record, the job methodology, the role proposed for the investor, and the family’s timing before the funds are committed. Conditional residence means that post-admission proof matters: preserve the documents that demonstrate the capital remained as required and that jobs were created or are being created under the applicable structure. Where a project document uses assumptions, identify their source and whether they are current. A promise of future immigration benefit is not a replacement for documentary consistency at filing and later at the removal-of-conditions stage. Finally, record the assumption that would change the answer. It might be a different shareholder, a changed worksite, an altered reporting line, a missing qualification, a refunded expenditure or a new family plan. Assign a person to obtain the missing evidence and a date for checking it. That practical discipline is valuable because immigration rules are applied to the arrangement that exists, not to the version first discussed in a planning call. A file that states its limits openly is easier to update when facts move.

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

IN THIS GUIDE · Treat capital, jobs and conditional residence as separate proof questions

Start with the EB-5 eligibility and application overview

01

Verify the investment amount and classification

Hypothetical example: an investor is considering a project marketed as being in a targeted employment area. Do not accept that label without current supporting material. Determine whether the enterprise and project actually meet the rules applicable when the filing is made, then keep the capital amount, offering documents, and project classification consistent.

02

Reconstruct the lawful source

A source-of-funds account needs more than the final wire receipt. Trace earnings, business distributions, inheritances, loans, sales, tax treatment, and intermediary accounts with dates that reconcile. If money is borrowed, identify the collateral and obligation. A late-created explanation is harder to test than contemporary records.

03

Count qualifying jobs carefully

The employment requirement concerns full-time jobs for qualifying U.S. workers, not informal projections or the investor’s own position. The business plan and later records should state when jobs arise, who employs the workers, and why the methodology fits the selected EB-5 structure. Job timing deserves review before capital is committed.

04

Plan for conditional residence evidence

The investor must continue to preserve evidence relevant to the capital and job requirements after becoming a conditional resident. The I-829 stage is not an administrative afterthought. Records should be organized early because the removal-of-conditions request is generally filed in the 90-day period immediately before the second anniversary of obtaining conditional residence.

05

Keep family timing separate

A spouse and unmarried children under 21 may be derivative beneficiaries, but each person’s age, relationship evidence, location, and immigration history can affect process questions. Review the Visa Bulletin and Child Status Protection Act rules as applicable. Do not assume that the investor’s petition approval decides every derivative issue.

EB-5 · NOTRE-DAME-DU-BON-CONSEIL

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