IN THIS GUIDE · Use another investor’s approval as context without treating it as your own EB-5 decision
Start with the EB-5 eligibility and application overview
Identify the decision being shown
Confirm which application or petition the document addresses and the project or individual facts it actually concerns. Do not describe a notice as broader than its terms. Respect the other investor’s information and rely on appropriate project and case records rather than assuming their entire private file is necessary for your submission. Obtain offering, capital-deployment, and employment-methodology documents from the project, but keep them separate from the applicant's financial history. The applicant must still trace lawfully sourced capital through each material transfer.
Separate shared project evidence from individual proof
Identify which evidence concerns the enterprise and which must establish this applicant’s capital, lawful source and path or personal eligibility. A source history is not interchangeable merely because the investment amount and project are the same. Explain any relevant project changes instead of assuming an earlier record describes the present arrangement. Resolve an amendment, capital call, or project change before repeating a description in petition materials. The decision is whether the current documents support the stated facts, not whether an older file used similar language.
Keep the governing EB-5 conditions
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 at-risk capital, lawful source and path, ten qualifying full-time jobs per investor and management or policy participation. Another investor’s approval does not waive your required showing. Capital must be exposed to real gain or loss, and the job evidence must address ten qualifying full-time positions per investor under the applicable rules. A projection works only when linked to the investment structure and project evidence.
Plan from your own case milestones
The other investor’s timeline supplies no guaranteed completion date for your case. Conditional residence begins with your applicable immigrant admission or adjustment approval; I-829 is generally filed in the 90 days before its second anniversary. Do not copy another person’s calendar into your own filing plan. Conditional permanent residence does not arise from filing or a project approval alone. Plan the conditions-removal stage from the applicant's own admission or adjustment date and preserve evidence of continuing eligibility.
Standalone counting differs from a regional center
A regional-center project counts direct, indirect and induced jobs through an economic model; a standalone enterprise counts direct employees on its own payroll. The investor must be engaged in the management of the new commercial enterprise or in policy formulation; in a regional-center limited partnership, the rights of a limited partner under the partnership agreement satisfy this, and the agreement should be in the file. 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. Full-time generally is at least 35 hours weekly, and the investor, spouse and children are excluded as qualifying workers.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.