IN THIS GUIDE · Understand what an EB-5 expansion calculation measures before relying on a forty-percent claim
Start with the EB-5 eligibility and application overview
Identify the enterprise-establishment route
Review the business’s history and why the proposed arrangement satisfies the new commercial enterprise requirement. Under the expansion provision in 8 CFR 204.6(h)(3), substantial change means at least a forty-percent increase in net worth or employee numbers, reaching at least 140 percent of the pre-expansion figure. Do not apply that formula as a universal requirement for every EB-5 business. The next review should preserve the dated source document, identify who can confirm it, and record the consequence if it remains incomplete; a label alone does not settle the point.
Support the starting point and the claimed change
Keep appropriate financial or employee records supporting the baseline and resulting expansion, and connect the change to the investment. A percentage without its underlying figures is not a complete explanation. Do not substitute increased revenue for increased net worth or assume an ownership percentage measures expansion. The next review should preserve the dated source document, identify who can confirm it, and record the consequence if it remains incomplete; a label alone does not settle the point.
Do not replace capital and jobs with the expansion percentage
Current general capital 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. Lawful source and path, at-risk capital, ten qualifying full-time jobs per investor and management or policy participation remain required. The expansion route does not waive the applicable capital and job requirements. The next review should preserve the dated source document, identify who can confirm it, and record the consequence if it remains incomplete; a label alone does not settle the point.
Tie the evidence to the correct case stage
Explain what has occurred and what is supported as a future plan under the applicable requirements. Conditional residence starts with applicable immigrant admission or adjustment approval, not reaching an expansion target. I-829 is generally filed in the 90 days before its second anniversary; a commercial percentage milestone does not set that date. The next review should preserve the dated source document, identify who can confirm it, and record the consequence if it remains incomplete; a label alone does not settle the point.
Standalone counting differs from a regional center
The enterprise must create at least ten full-time positions for qualifying U.S. workers, directly or, through a regional center, using the methodology the program allows.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.
