IN THIS GUIDE · How the ten jobs are counted in each kind of investment
Start with the EB-5 eligibility and application overview
The requirement is the same; the way it is met differs
Either route has to result in at least ten full-time positions for qualifying United States workers. In a direct investment those are ordinarily positions at the commercial enterprise itself, evidenced through payroll, employment and tax records that the investor's own business generates. Regional-center investments are permitted by statute to rely on methodologies that count jobs created indirectly as well, which is a materially different evidentiary exercise and one the investor does not control. Halina's real choice is therefore between proving jobs she creates and relying on a project's economic analysis. A usable source-of-funds review is chronological: how money was earned, where it was held, what tax or sale records support it, and how it moved into the investment. A recent bank statement cannot fill a missing link in that chain.
Direct investment means the record is yours to build
Where the investor operates the business, the job evidence is a by-product of running it properly: hiring on proper terms, payroll administration, wage filings and personnel records maintained from the first day. That is within Halina's control, which is an advantage, and it is also work she has to actually do. The other side of it is exposure: if the business hires more slowly than planned, or a season is poor, the shortfall is hers. Investors who prefer control usually accept that trade deliberately rather than discovering it. Read the business plan as an evidence schedule. It should identify the commercial enterprise, deployment of capital, job methodology, assumptions, and the person responsible for records that will later demonstrate what happened.
A regional-center investment shifts both the work and the risk
In a project structure the investor is typically a limited partner or equivalent, relying on the project's own reporting and its economic methodology to establish the jobs. That removes a great deal of operational work and replaces it with dependence on the project's performance and its documentation, over which the investor has limited influence. Engagement in management or policy formulation is still required and is commonly framed through the rights the investor holds under the partnership or operating agreement, so the governing documents deserve careful reading rather than a summary. The investment decision should separate immigration requirements from return expectations. An investor can accept risk, but should still understand the offering documents, conflicts, repayment terms, and the records governing use of capital.
The rest of the framework applies to both
Capital must currently be at least $1,050,000, or $800,000 for an investment in a targeted employment area or infrastructure project; re-verify those figures from the official source before anything is committed. Lawful source and path of funds must be documented in either structure. At least ten full-time positions for qualifying U.S. workers are required, and the investor must be engaged in management or policy formulation. Approval leads to two years of conditional permanent residence, with Form I-829 filed in the 90 days before the second anniversary to remove conditions, and a spouse and unmarried children under twenty-one may be included as derivatives. Conditional residence creates a second evidence deadline. Preserve payroll, expenditure, entity, and job-creation material while it is current instead of trying to reconstruct it when a later petition is due.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.