IN THIS GUIDE · Identify qualifying positions rather than a combined staff-hours total
Start with the EB-5 eligibility and application overview
Review the relevant qualifying-job method
Hypothetical example: a business plan shows a mixture of full-time positions and short weekly assignments. EB-5 generally requires at least ten qualifying permanent full-time jobs per investor under the applicable standalone or regional-center method. For direct full-time employment, the relevant position requires at least 35 hours per week; simply combining separate part-time positions is not the same as a qualifying full-time position.
Distinguish job sharing from adding unrelated positions
A genuine job-sharing arrangement can involve more than one qualifying employee sharing a full-time position when the relevant hourly requirement is met. Assess actual records and the applicable structure rather than assuming every sum of hours qualifies. Do not apply a direct-payroll counting exercise to every regional-center methodology. For direct employment, qualifying full-time positions require at least 35 hours per week. Independent contractors, nonimmigrants, and the investor, spouse, sons and daughters do not count as qualifying employees; apply permitted regional-center methods separately.
Preserve capital and individual evidence
Confirm the applicable threshold and qualifying reduced-category basis at the filing date. Establish lawful source and path and capital at risk; separate charges should not automatically count as investment. A correct staffing calculation does not establish the investor’s funds or every project condition. The investor also participates in management or policy formulation; qualifying limited-partner policy rights may satisfy this without day-to-day operation.
Keep residence dates distinct from job projections
A petition does not confer residence. Applicable immigrant admission or adjustment approval establishes conditional residence, followed by later removal-of-conditions requirements. Visa availability, admissibility and family eligibility require individual assessment. A projected hiring date does not guarantee status or repayment.
Use the current capital, job and residence conditions
As checked September 7, 2026, the standard capital minimum is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project. Statutory adjustments begin January 1, 2027; confirm the filing-date amount. At least ten qualifying permanent full-time jobs are required, with the applicable standalone or regional-center method assessed. The investor petition does not itself grant residence: the applicable immigrant-visa or adjustment process follows. Conditional residence then requires removal of conditions, with Form I-829 generally filed in the 90 days before its second anniversary.
Read the capital rights before relying on the amount
Gifted or borrowed funds require lawful-source evidence and a good-faith arrangement that is not used to circumvent restrictions on permissible capital sources. Capital exchanged for a contractual right to repayment or a guaranteed rate of return is excluded. A purchase option exercisable solely at the enterprise’s discretion has a narrow statutory exception, subject to the required sustainment and other conditions; it is not an investor’s repayment guarantee.
Decide between a regional-center project and a direct investment
Ask which specific positions are counted, whether they are construction or operational, over what period they are filled and sustained, and what the methodology assumes. Direct investors count actual employees of the new commercial enterprise; the indirect and induced jobs produced by economic modelling are available in regional centre cases, which is a substantial part of why regional centres exist. Within the ninety days before the second anniversary, Form I-829 must be filed showing the capital remained invested and the jobs were created or will be within a reasonable time. Where a regional center is involved, its designation is a government approval of the center, not an endorsement of the project or any promise about outcome. The core decision is whether the documents support an immigrant investment case as filed, rather than whether the project marketing material uses the word 'participation' or forecasts a large economic benefit.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.