Count positions under the correct rules
Direct EB-5 requires the applicable evidence of direct qualifying employment. Full-time employment generally means at least 35 hours per week. Genuine job sharing can qualify for a full-time position, while simply combining separate part-time positions does not create qualifying full-time jobs. Test each proposed job against the worker, hours, and position evidence that will exist after hiring. A projection is useful only when the business plan explains how it will become payroll.
Identify qualifying workers
Review the applicable worker requirements. The investor, spouse and children do not count, and nonimmigrants are not qualifying employees for this purpose merely because they hold employment authorization. Do not exclude all other relatives automatically; apply the actual rule. Obtain I-9, payroll, and role information in an organized form when the facts allow. Labels such as contractor or employee should match the actual employment arrangement.
Document the capital and its path
Current statutory investment levels are generally US$1.05 million or US$800,000 for a qualifying targeted employment area or infrastructure project, subject to the applicable requirements and scheduled statutory adjustment. Trace lawful source and path and the actual commitment; an unpaid promise alone is not qualifying capital. Reconcile every transfer from the original source to the new commercial enterprise, including gifts, loans, sales, and currency conversions. Missing account statements are harder to cure later.
Plan for conditional residence and later evidence
An investor petition decision is not the entire residence process. Admission or adjustment through EB-5 produces two-year conditional permanent residence, with Form I-829 filed in the 90 days before the second anniversary to remove conditions. Keep employment and operating records needed for the specific case. The I-829 window relates to conditional residence, not simply the date the initial investment was made. Calendar the conditional-residence milestone as soon as the relevant date is known, while preserving the business records that demonstrate continuing compliance.
Add the investor and residence milestones to the staffing plan
The investor must take part through management or policy formulation; qualifying limited-partner rights may suffice, without personally scheduling every shift. The statutory capital adjustment starts January 1, 2027, so check the filing-date amount. I-829 is generally due in the 90 days before the second anniversary of conditional residence. Filing it does not itself remove conditions or establish a date when capital is guaranteed to return. Minutes, partnership rights, or governance documents should show the investor's permitted participation. Passive financial interest without the applicable rights needs careful analysis.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.