Do not assume that it can. Explain the condition, legal entitlement and actual payment status for the relevant investment and filing analysis. 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. At least ten qualifying full-time jobs per investor and capital placed at risk are also required under the applicable rules.
Separate fixed receipts from contingent expectations
Identify what has been paid, what is enforceably due and what depends on future performance or dispute resolution. Do not present a maximum contract price as unrestricted capital. EB-5 still requires lawful source and path, qualifying at-risk investment and job creation. Obtain appropriate commercial advice on the payment rights instead of inferring them from the headline price.
Outside the regional-center program, that means direct employees of the new commercial enterprise, each working at least thirty-five hours a week, who are citizens, permanent residents or otherwise authorized, excluding the investor, spouse and children. Counsel and a qualified valuer can assess the proposed contribution and remaining capital need; neither an appraisal nor permission to export alone proves that the enterprise receives the claimed qualifying value.