Start with the EB-5 eligibility and application overview
Match the case to its actual structure
A standalone investor generally uses I-526, while a regional-center investor uses I-526E under the applicable process. Direct and regional-center cases have different permitted job methodologies; each investor still needs at least ten qualifying permanent full-time jobs. Full-time generally is at least 35 hours weekly, and the investor, spouse and children are excluded as qualifying workers. Do not import a regional economic model into a direct case without a valid basis. The business plan, payroll model or regional economic analysis should state how jobs are allocated to this investor and when the positions will exist. A first review should separate qualifying workers from founders, relatives and projected roles that the chosen method does not count. Hypothetical example: A modular medical-waste processing project assigns the same future positions to several subscriptions. The investor must obtain the allocation record and decide whether the filing can truthfully rely on those jobs.
Retain the capital and residence conditions
As of September 7, 2026, capital generally is US$1,050,000 or US$800,000 for qualifying TEA or infrastructure investment, with statutory adjustment from January 1, 2027 and actual filing-date rules. Lawful source and path, at-risk investment, applicable sustainment and management or policy participation are required; qualifying limited-partner rights may satisfy participation without daily management. Petition approval is not residence or work permission. Residence follows the applicable admission or adjustment with availability and admissibility; I-829 is filed in the 90 days before the second conditional-residence anniversary. Bank statements, sale documents, loan instruments and transfer confirmations should permit the capital trail to be followed without unexplained gaps. Capital must remain exposed to the enterprise’s gain or loss, and a promised return or loss protection requires careful review of the governing terms. Conditional permanent residence does not end the evidentiary work; the investor must plan to document the investment and job requirements for the later removal-of-conditions filing. Keep that evidence current from the outset, because reconstructing it years later is far harder than maintaining it as the enterprise operates.
Use the current capital, job and residence conditions
A regional center's designation is a status held by the center; it is not an endorsement of any offering and not a guarantee that a petition will be approved. Designation makes an entity eligible to sponsor pooled investments; it is not an endorsement of any particular project, an approval of the offering, or any promise that capital will be returned. The regulation allows removal of conditions where jobs will be created within a reasonable time after the two years, so a documented, credible hiring plan that is nearly complete can succeed; a plan that has stalled cannot. Indirect and induced jobs modelled by economists are available only to regional-center investors. Within the ninety days before that period ends, a Form I-829 petition must be filed to remove the conditions, showing that the required capital was invested and sustained and that the jobs were created or will be created within a reasonable time. Designation is tied to the location and to current data, and the reduced threshold applies only if the project qualifies at the relevant time. The offering terms must be settled: the subscription agreement, the operating or partnership agreement, and any escrow instructions governing when funds are released and on what condition. Do not describe any enterprise buyback as automatically harmless, or collapse that exception into an investor’s right to demand payment.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.