IN THIS GUIDE · Document retirement savings, a house sale and an inheritance as lawful EB-5 capital
Start with the EB-5 eligibility and application overview
Know the current capital figure and where the money will sit
The EB-5 minimum is US$1,050,000, reduced to US$800,000 for an investment in a targeted employment area or infrastructure project under the 2022 reform legislation; verify the amount applicable on the filing date because statutory inflation adjustments can change it. The capital must be placed at risk in the new commercial enterprise, and regional-centre offerings usually route it through a fund that lends to or invests in the project. Read the offering documents for how and when funds are transferred, what happens if the petition is denied, and how repayment is contemplated. A promotional return is not a guarantee and a guaranteed return can defeat the at-risk requirement.
Trace three ordinary sources with uncommon care
Retirement savings withdrawals are documented by account statements over the years of contribution, the withdrawal confirmation and the tax withheld; the net amount is what reaches the investment, so the gross figure must exceed the requirement by the withholding. A house sale is shown by the purchase history, the sale agreement, the lawyer's statement and the mortgage discharge. An inheritance needs the will or intestacy documents, the estate accounts, and the transfer to the couple. Officers look for lawful source and a continuous path; a gap where money sits in an account for months without explanation is a question waiting to be asked.
Understand what engagement and jobs mean in a regional-centre project
The investor must be engaged in management or policy formulation; for a limited partner in a regional-centre fund, the rights under the partnership agreement usually satisfy this, so daily involvement is not required. Job creation in regional-centre projects may be counted using economic models that include indirect jobs, but the ten-job requirement is per investor and depends on the project delivering. Ask how many investors the project accepts, how jobs are allocated among them and what happens if the project is late. Direct investment in one's own business is a different route with W-2 employees counted directly.
See the whole process, not just the petition
The investor petition is followed by immigrant-visa processing or adjustment of status, subject to visa availability in the visa bulletin, then two years of conditional permanent residence and a petition to remove conditions in the ninety days before the second anniversary, showing the investment was sustained and the jobs created. The spouse and unmarried children under 21 are derivatives, with age protection under the Child Status Protection Act calculated by its rules. Fees for each stage are on the USCIS schedule and the State Department's tables; regional-centre administrative fees are separate and not investment capital.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.