IN THIS GUIDE · Proving where the capital came from when it came from selling a business
Start with the EB-5 eligibility and application overview
Two dollar figures, and which one applies to you
The lower amount is available where the new commercial enterprise is principally doing business in a targeted employment area, meaning a rural area or one of high unemployment, or where the investment is in a qualifying infrastructure project. Which figure applies is a fact about the project, not a preference of the investor, and it is determined at the time the investment is made. That has a practical consequence: an area designation can change, so the evidence supporting the designation should be captured with the investment rather than reconstructed afterwards. Confirm the current amounts and the designation rules directly from the official guidance before committing, because these figures have moved before and are subject to adjustment.
Source of funds is a chain, not a balance
Showing that the money exists proves nothing. The requirement is to establish that the capital was lawfully obtained and to document the path it travelled from its origin into the enterprise. For a business sale that means the corporate records showing ownership, the sale or auction documents, the property closing statement, discharge of any secured lending, corporate and personal tax filings covering the years the value was built, and the bank trail through every account it passed. Where a company was owned through a holding structure, the structure has to be explained. Long-held assets are usually easier to document than recent windfalls, but only if the older records were kept.
Ten jobs is the condition that removes conditions
The investment must create at least ten full-time positions for qualifying U.S. workers. At the Form I-829 stage, USCIS examines whether the investment was sustained and whether the jobs were created or can be expected within a reasonable time. In a direct investment the jobs are the enterprise's own employees, evidenced with payroll records, and the investor bears the risk if hiring falls short. In a regional-center investment, certain indirect and induced jobs may count under an economic methodology, which changes the evidence but does not remove the requirement. Either way the timing matters, so read the job model before investing rather than waiting to prepare the petition to remove conditions.
Engagement is required even in a pooled investment
The investor must be engaged in the management of the enterprise, through day-to-day managerial control or through policy formulation. A limited partner in a properly structured regional-center vehicle can meet this through the rights that the partnership agreement gives, but that only works if those rights are real and documented. This is a reason to read the subscription documents rather than sign them on a summary. It is also a reason to keep records of participation as the investment runs, because the second-stage filing asks what actually happened over two years, not what the documents promised at the start.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.