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BELCARRA · EB-5 FIELD GUIDE

What must be true for the US$800,000 figure to apply?

Sources checked:

THE DIRECT ANSWER

The investment itself must qualify as a targeted employment area or infrastructure investment, established by evidence about the enterprise and the project, not by the investor's own address or nationality. Everything else still applies: capital at risk in a commercial enterprise, lawful source and path of funds, and ten qualifying full-time jobs attributable to the investor.

Get the category confirmed in writing

Ask counsel, independently of the sponsor, whether the documents support the reduced amount for this specific enterprise on the anticipated filing date. If the answer is qualified, treat that as a live risk and price it: consider whether the investor could fund the standard amount should the position change. Never wire the lower figure on the strength of a marketing statement, because a shortfall discovered later is a problem with the whole petition, not a correctable detail.

Look also at what must remain true after the money is placed. The capital has to stay at risk rather than being returned or guaranteed, and the required jobs must be created and evidenced within the applicable period, all of which is proved later on a petition to remove conditions. A capital figure confirmed at filing therefore settles the entry question only.

Hypothetical example: an investor considering a marina development obtains a written view on the reduced amount, then puts the separate question of who will produce job-creation evidence in three years, and finds the two questions have different answers and different people responsible for them. Ask for both within the same engagement rather than treating the second as a problem for a future version of yourself.