Not merely because it appears in the purchase agreement. Establish the investor’s lawful ownership, outstanding obligations and the amount actually available and invested. 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. At least ten qualifying full-time jobs per investor and capital placed at risk are also required under the applicable rules.
Reconcile rights before relying on the total
A mortgage payout, co-owner’s share or retained amount may explain why gross proceeds differ from available capital. Review the closing records and actual payment rights rather than applying a blanket subtraction rule without context. EB-5 also requires a qualifying at-risk investment and job creation. Ownership of valuable property does not alone establish that those investment requirements have been met.
The first review should produce an eligibility matrix stating each claimed fact, the controlling record, the person who can confirm it and any contrary fact. It distinguishes a missing document from a business fact that must change or a category mismatch that wording cannot repair.
Hypothetical example: A permeable-pavement material manufacturer is asked to proceed when a key fact appears only in a job title. The applicant must decide whether primary records establish the actual criterion before relying on the description.
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.