Start with the EB-5 eligibility and application overview
Fix the capital amount and the timing of its contribution
The standard minimum under the EB-5 Reform and Integrity Act of 2022 is US$1,050,000, or US$800,000 where the enterprise is in a targeted employment area or is an infrastructure project; the statute provides for adjustments beginning January 1, 2027 and every five years, so the figure applying to a filing should be confirmed on the day. The capital must be invested, or actively in the process of being invested, at the time the petition is filed. For a direct case that means the shop's bank account, equipment purchases and lease deposits should show the money in the enterprise or irrevocably committed to it before Form I-526 is filed. Capital in this process must be placed at risk for the purpose of generating a return, so a redemption promise or guaranteed repayment deserves close review before funds move. The first review should produce a dated transaction chart showing the source documents, each transfer, the enterprise account, and the specific business use. That chart is also the most efficient way to identify a missing statement before filing rather than during a request for evidence.
Trace the funds from the share sale
Lawful source and lawful path are separate showings. Source is proven with the share purchase agreement, the corporate records of the machining business, its financial statements, the tax filings that report the capital gain and any earlier records explaining how the shares were acquired. Path is proven with the bank statements that follow the sale proceeds through the seller's accounts, any currency conversion and the transfer to the US enterprise. Gaps of even a few weeks between statements invite a request for evidence; assemble the sequence completely.
Count only the jobs a direct enterprise can count
Outside a regional centre, the ten full-time positions must be filled by qualifying US workers employed directly by the new commercial enterprise, each at least thirty-five hours a week; independent contractors and the investor's own family do not count. The business plan should schedule hiring so that ten positions exist, or will exist within the period the rules allow, by the time conditions are removed. Payroll records, Forms I-9 and quarterly tax filings become the evidence at the I-829 stage, so set up the record-keeping on day one.
Sequence participation, residence and removal of conditions
The investor must be engaged in the management of the enterprise or in policy formulation; a machinist-owner who runs the shop satisfies that easily and should document his role. After the I-526 is approved and a visa number is available, the investor and his spouse and unmarried children under twenty-one obtain conditional permanent residence for two years. Form I-829 is filed in the ninety days before the second anniversary, with evidence that the capital remained invested and the jobs were created. Children close to twenty-one should be considered early, since age-protection rules depend on filing dates.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.