Operating payroll expense does not waive the applicable statutory capital threshold.
Budget jobs and capital without trading one for the other
General current capital is US$1,050,000 or US$800,000 for qualifying TEA or infrastructure cases, with statutory adjustment from January 1, 2027 and filing-date review. Explain the actual use of funds while keeping the qualifying capital and job analyses distinct.
Keep the capital threshold, job requirement, and operating budget in separate columns. More payroll may explain use of funds, but it does not lower the statutory minimum: the standard US$1,050,000, reduced to US$800,000 for an eligible infrastructure investment or targeted employment area. Trace every contribution’s lawful source and path and document the investor’s management or policy role. The enterprise must still produce ten qualifying permanent full-time jobs; higher wages or extra hours are not replacement positions. Regional-center participation belongs on I-526E; a direct enterprise instead belongs on Form I-526. Budget for two-year conditional residence and Form I-829 evidence for the filing window during the 90 days immediately before the second anniversary. Derivative eligibility may cover a spouse and unmarried children under 21; none counts toward qualifying worker totals.
Hypothetical example: A prefabricated-building plant considered by a Petit-Saguenay-area investor increases overtime spending after equipment delivery is delayed. The applicant records the expense without subtracting it from the investment amount or converting hours into employees. A revised model preserves funds for ten roles, while payroll and hiring records remain distinct from bank documents tracing the investment. The correct petition type is chosen from the project structure, not from whichever filing appears less costly.