IN THIS GUIDE · Keep two proposed EB-5 investments separate while choosing the actual case
Start with the EB-5 eligibility and application overview
Make each proposal identifiable
Keep separate records of the entity, subscription terms, proposed capital, fees and any actual payment for each option. A comparison spreadsheet is useful for a decision, but its combined totals are not evidence that one qualifying investment has been made. Make the selection before preparing a capital narrative. The relevant subscription agreement, offering materials, escrow terms, and payment records should all identify the same project. If an investor is still comparing alternatives, describe that stage accurately rather than assigning the stronger feature of one proposal to funds sent under another.
Clarify commitments before reallocating money
Review the actual cancellation, refund and transfer terms for any funds already sent. Do not assume an unselected project will immediately return every payment or that funds can be redirected without steps. The effect on an existing immigration filing also needs assessment at its actual stage. A side-by-side comparison can be useful, but keep it marked as a planning tool. The record that settles a payment is the executed agreement and the bank trail, not a worksheet total. This distinction matters when a fee, a refund condition, or the named new commercial enterprise differs between the alternatives.
Evaluate the chosen structure on its own evidence
Current general thresholds are US$1.05 million or US$800,000 for a qualifying targeted-employment-area or infrastructure case, with statutory adjustments beginning January 1, 2027 under applicable filing-date rules. Establish lawful source and path, at-risk capital, ten qualifying full-time jobs per investor and management or policy participation. Do not assume capital or jobs from separate arrangements can simply be added together to satisfy a petition. Read the refund language together with the stage of the transaction and any pending filing. A promise to seek a refund is not the same as money returned and available for a different use. The decision is whether the investor can document the present position of the funds without overstating a future event.
Use a decision timeline that reflects real obligations
Choosing a preferred project does not establish visa eligibility or conditional residence. Applicable immigrant admission or adjustment approval begins conditional residence; I-829 is generally filed in the 90 days before its second anniversary. Neither a reservation deadline nor an expected refund date replaces those immigration milestones. Trace the lawful source and path before moving funds, not after. Sale documents, earnings records, tax filings, loan terms, and transfer evidence each establish a different link in that chain. The job analysis should likewise identify how the selected enterprise, rather than a related proposal, will support the required qualifying full-time positions.
Direct and regional center methods are not interchangeable
A regional-center offering allocates jobs to investors through an economic model; a direct investment counts only its own payroll. EB-5 preparation should identify the investor’s genuine management or policy role instead of assuming daily supervision is always required or that holding an investment means no participation obligation exists. 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.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.