Do not assume every amount qualifies as invested capital. As of September 7, 2026, the capital figures are US$1,050,000 or US$800,000 for qualifying targeted employment area or infrastructure projects. Statutory adjustments begin January 1, 2027; confirm the amount applicable to the filing.
Categorize the actual funds
Confirm current thresholds and each payment’s treatment. Distinguish capital from professional charges and money remaining outside the investment.
Build a dated review file around the capital amount, administrative and legal charges, escrow terms, currency records, source documents, and a separate reserve budget. Produce a payment schedule separating qualifying invested capital, project administration, legal or advisory bills, government filing charges, currency costs, and personal reserves. Its practical purpose is to decide which funds meet the substantive capital requirement and which are costs that do not become qualifying capital, rather than to collect papers with no stated issue. Hypothetical example: an investor in a modular-housing project sees one total invoice and assumes every listed charge will count toward the immigration investment. Allocate every line on the modular-housing invoice by legal function, because professional charges and retained reserves do not become EB-5 capital by aggregation. Confirm the current statutory threshold and project classification, trace capital placed at risk, then keep fees and outside reserves in distinct totals. A recurring problem is blending fees, reserves, and project expenses into a single number without identifying their legal treatment. EB-5 requires qualifying capital exposed to risk, the required employment creation under the applicable method, and later review of conditional residence. A petition approval does not itself grant residence or replace the later immigrant-visa or adjustment steps. Update the EB-5 budget if the project location, subscription terms, exchange route, fee schedule, escrow treatment, or committed capital changes.