It establishes rights and obligations under its terms. Determine the net funds actually available and any conditions before relying on the headline amount. 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.
Identify what must happen before distribution
Read the sale, lien, deduction and payment provisions. Document the applicant’s entitlement rather than assuming joint ownership means equal shares or unrestricted access. EB-5 still requires lawful source and path, qualifying at-risk capital and job creation. Have unresolved property-law questions addressed by the appropriate adviser instead of inferring them from a bank balance.
Trace entitlement from the original asset through sale, deductions, receipt, and the proposed investment. Hypothetical example: a refrigerated-coffee concentrate producer sells a business share but a co-owner controls distributions until claims are resolved. Ownership documents, sale terms, approvals, and settlement records show what the applicant can direct. Resolve transfer authority before committing the money to a project. EB-5 requires lawfully sourced capital at risk and the applicable job creation; an account balance alone does not establish either entitlement or availability. Do not treat an optimistic business explanation, a later-created letter, or a family arrangement as proof of a missing eligibility fact.