IN THIS GUIDE · Trace inherited funds from the underlying records into the proposed investment
Identify what was inherited and what was received
An inherited asset, an expected distribution and money already paid into an account are different facts. Describe the sequence accurately and identify the supporting records. Do not call an anticipated estate payment available cash before it has been received.
Explain conversions and intermediate steps
If an asset was sold or funds passed through several accounts, preserve the transaction records and dates. Ask the relevant professional to explain deductions or restrictions. A short narrative can orient the reviewer but should not replace the evidence of movement.
Assess the investment independently
The origin of the funds does not establish that the proposed project meets EB-5 requirements. Examine the structure and relevant evidence separately. An immigration-related administrative payment is not automatically qualifying capital, and a project advertisement does not guarantee a commercial return. The capital must remain at risk under the applicable requirements. The investor must participate in management or policy formulation; qualifying limited-partner rights can satisfy this without daily operational management.
Plan the family and later stages
Discuss dependent eligibility and any child-age question using actual dates. Include visa availability and removal-of-conditions responsibilities in the plan. Receiving funds or completing an initial filing does not itself fix a move date for everyone.
Apply the capital, job and residence rules
The current standard minimum is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure investment. Statutory adjustments begin January 1, 2027; use the amount applicable to the petition filing date. At least ten qualifying full-time jobs per investor must be supported under the applicable direct or regional-center method. Conditional residence begins with admission on the immigrant visa or approval of adjustment of status, not approval of the investor petition. Form I-829 is generally filed in the 90 days before the second anniversary of conditional residence; filing it does not itself remove the conditions or establish a right to repayment.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.