Keep them separate from amounts presently available, with the reason for retention and release conditions recorded. Do not budget an expected release as already received. As of September 7, 2026, the general EB-5 investment threshold is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project. Statutory adjustment begins January 1, 2027. Government, project and professional charges are separate and are not automatically qualifying capital.
Show available, restricted and contingent amounts
Use the closing statement and related agreements to distinguish these amounts. Then itemize investment capital, transaction charges, government fees and professional scope separately. Confirm current official requirements and charges before commitment. A larger gross asset value does not cure a source gap, and payment of preparation expenses does not establish that qualifying capital has been invested at risk.
The first review should produce a ledger separating commercial spending, government charges, professional services, deposits, refund rights and household expense. It shows what every payment buys and prevents a large amount from being mistaken for proof of eligibility.
Hypothetical example: A tidal-energy component assembler is offered a transaction with refundable and nonrefundable amounts. The applicant must decide what each payment actually does and what exposure it creates instead of combining all amounts.
EB-5 requires qualifying capital exposed to commercial risk, the applicable job-creation result, and an initial period of conditional residence before removal of conditions. Sequence the next step only after the controlling record is available. A rushed filing often fails because an undefined commercial fact, mismatched document or unauthorized activity remains hidden until review. Keep the decision, the record and the resulting action together in the file.
Sequence the next step only after the controlling record is available. A rushed filing often fails because an undefined commercial fact, mismatched document or unauthorized activity remains hidden until review. Keep the decision, the record and the resulting action together in the file.