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FOR IMMIGRANT INVESTORS · HAMPTONHampton

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Funds expected under a property settlement should be traced from the legal entitlement through the actual payment. EB-5 requires qualifying capital at risk, lawful source and path, and qualifying job creation. A settlement document may explain the entitlement while leaving timing, liens or distribution conditions unresolved. The investment must create at least ten full-time jobs for qualifying U.S. workers, and the investor must be engaged in management or policy formulation. A spouse and unmarried children under 21 may be included as derivatives; residence is conditional for two years and requires a later Form I-829 petition. A careful first review produces a dated fact map, a document list, and a decision about whether the proposed activity matches the selected route. EB-5 requires lawfully sourced capital exposed to investment risk and a project meeting the applicable job-creation requirement. Residence begins on a conditional basis rather than becoming final merely because a petition is approved. The review should preserve source, transfer, job, and status evidence for the later condition-removal stage, not just for the initial filing. The record should distinguish completed facts from future plans, because a change in timing, ownership, duties, or funding may require the analysis to be revisited.

Talk about EB-5
Standard capitalUS$1,050,000
Qualifying reduced levelUS$800,000
Job creationAt least 10 qualifying full-time jobs
01

Read the settlement and payment terms together

Hypothetical example: an applicant expects proceeds when a former jointly owned property is sold, but the settlement provides for deductions before distribution. Identify the applicant’s rights, the sale process and the net amount. Do not present the full property value as personal investable funds. Use primary records created during the transaction or employment relationship wherever possible. A later letter should identify what its author actually knows and should not convert an intention into an established fact.

02

Preserve the source and transfer evidence

Keep relevant ownership, settlement, sale and payment records. Explain any movement through a lawyer’s trust account or another authorized recipient on the actual documents. Account custody does not automatically determine ownership, and a final deposit alone does not explain the complete lawful path. Put the evidence in chronological order and identify the person or organization that can verify each material point. This exposes missing authority, a conflicting date, or an assumption that needs correction before filing.

03

Review the investment on its own merits

Assess the receiving EB-5 investment and job-creation basis separately from the property settlement. No project presentation guarantees approval or a financial return. Identify immigration eligibility, commercial diligence and personal liquidity questions distinctly so an urgent settlement timetable does not replace investment review. Choose the next step only after the operating facts and documentary record agree. A persuasive label, urgent commercial deadline, or larger budget cannot replace the statutory or regulatory requirements.

04

Apply the current capital and job conditions

Reconcile the settlement’s net proceeds before comparing them with the required investment. 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. Qualifying capital must be at risk, with at least ten qualifying full-time jobs per investor under the applicable rules. Direct and regional-center job evidence follows different methods. Establish lawful source and path as well as the actual investment; a transfer receipt alone does not establish all of these conditions. Keep financial commitments, commercial contingencies, and immigration milestones on separate lines of the plan. That makes it possible to decide what remains reversible if a required approval or record is delayed.

05

Follow the residence and removal-of-conditions sequence

Investor-petition approval is not itself residence. The applicable immigrant-visa or adjustment process follows, subject to individual eligibility and visa availability. EB-5 residence is initially conditional. Form I-829 is generally filed during the 90 days before the second anniversary of obtaining conditional residence to seek removal of conditions; use the actual status date, not a payment or project-return date. Review family, travel, and work plans independently of the principal application. Their practical importance is real, but they do not change the underlying eligibility test for the principal.

SOURCES FOR THIS GUIDE

Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.

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