Skip to content
WATERLOO · EB-5 FIELD GUIDE

Does a larger construction budget automatically prove enough qualifying jobs?

Sources checked:

THE DIRECT ANSWER

No. Assess the actual applicable job method and evidence. A project spending figure does not itself establish the investor’s qualifying-job result.

Identify the claim being made

Distinguish modeled employment from direct payroll positions and use the relevant framework. Do not select whichever headline count is larger without explaining the method.

Beyond the capital amount, EB-5 requires at least ten full-time jobs for qualifying U.S. workers, lawful source and lawful path of the invested funds, and the investor's engagement in management or policy formulation, which permitted limited-partner rights can satisfy. Cash loan proceeds may qualify without investor-owned collateral or personal-and-primary liability, but the investor must own and control the proceeds, establish their lawful source and path, and place the capital genuinely at risk. Job creation is the requirement most often outside the investor's control, which is an argument for understanding the enterprise's hiring plan in detail before committing, and for a direct investment where the investor has visibility.