IN THIS GUIDE · Reassessing EB-5 funding after a pre-investment portfolio decline
Start with the EB-5 eligibility and application overview
Update the available-funds calculation
Identify current assets, any restrictions, expected sale proceeds and other obligations with qualified financial and tax advisers. Keep an older brokerage valuation as part of the history, but do not use it as though the same cash is available today. Distinguish estimates from completed sales and funds actually received.
Keep the applicable investment amount separate
As reviewed on September 7, 2026, EB-5 generally uses US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure investment. A decline in the applicant’s unrelated portfolio does not lower the applicable threshold. Statutory adjustments begin in 2027, so recheck later filings and confirm the actual classification rather than relying on an old project quotation.
Preserve the source history through liquidation
The records should explain how the securities were lawfully acquired, any relevant ownership or transfer history, and the proceeds used for the proposed contribution. A sale confirmation shows a transaction without necessarily proving the original source. Keep the actual statements and tax or other historical records required for the case; do not replace that history with a current balance alone.
Revisit the whole plan before a new commitment
Ask immigration counsel how the available funding and proposed arrangement fit the EB-5 requirements, including capital at risk and qualifying jobs. Financial and tax advisers should address the consequences of any asset decision. A project’s commercial deadline does not guarantee immigration timing, and a reduction in personal liquidity should not be hidden by optimistic household assumptions.
Date the funding, not just the amount
An available-funds figure means little without a date attached. Record when each valuation was taken, when each sale settled, and when the proceeds actually cleared into an account the applicant controls, because those three moments can be weeks apart and only the last one is money. Set that date against the project's funding schedule and against the point at which capital must be placed and put at risk. Where a sale is still to come, treat the expected proceeds as an expectation with a date and a condition rather than as a balance. Hypothetical example: a partner in an insurance-analytics consultancy expects to fund a contribution from the sale of her stake, but the buy-out agreement pays in instalments across two years. What exists at the moment of investment is the first instalment, and the plan has to be built on that.
Follow the clock past the initial approval
EB-5 does not end at the investment. Conditional permanent residence is granted for a limited period, and a petition to remove conditions follows, assessed on whether the capital remained at risk and the required jobs were created. Those obligations run for years after the money moves, so a funding plan should survive that whole span rather than only the moment of contribution. Ask what evidence the project will supply at each stage, on what schedule, and what happens to the applicant's access to it if the project changes hands. Visa availability and chargeability also shift over time and are published periodically, so a queue position assessed today is a snapshot. Build the household's finances to withstand a longer wait than the one currently indicated, and revisit the assumptions on a fixed review date rather than when something goes wrong.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.