IN THIS GUIDE · The loan-and-transfer trail decides whether borrowed cash is qualifying capital
Start with the EB-5 eligibility and application overview
Apply the current amounts and the job rule
As of September 7, 2026 the standard EB-5 investment is US$1,050,000, reduced to US$800,000 for a project in a targeted employment area or a qualifying infrastructure project, with statutory adjustment scheduled from January 1, 2027. The capital must be placed at risk with no guaranteed return, and the investment must create at least ten full-time positions for qualifying U.S. workers per investor, counted directly or, in a regional-center project, under the approved economic methodology. Regional-center administrative fees paid alongside the investment are not capital.
Structure the loan so the proceeds qualify
USCIS policy distinguishes contributed cash obtained from a loan from indebtedness contributed directly as capital. When the investor borrows and then contributes the cash proceeds, USCIS evaluates the proceeds as cash: they must be lawfully obtained, owned by the investor, traced and placed at risk, but they need not satisfy the old rule requiring personal liability and security in the investor's own assets. That personal-liability and personal-collateral rule still matters if the investor contributes indebtedness itself, such as a qualifying promissory note, rather than cash proceeds. Here, the bank loan, mortgage, disbursement record and account statements should establish the bona fide transaction and the investor's ownership and path of the cash.
Trace the borrowed cash from the lender to the project
Document the lawful source and path of the loan proceeds. Provide the signed bank loan, the bank's disbursement record, the investor's receiving statements, the currency-conversion records and the transfer into escrow or the new commercial enterprise. Because this loan is secured, the deed, registered mortgage and lender's appraisal can corroborate that the transaction is genuine and that the investor lawfully received the proceeds. Current USCIS policy does not, however, impose a categorical rule that an investor contributing borrowed cash must prove how the collateral was originally acquired; any additional tracing depends on the actual lender, borrower and transfer structure.
Keep the immigration calendar separate from the loan
Petition approval is not residence; an immigrant visa or adjustment of status follows, subject to visa availability. Residence is conditional for two years, and Form I-829 is generally filed in the ninety days before the second anniversary. Repaying the bank from personal income does not affect the at-risk status of the capital invested in the enterprise, but capital returned by the enterprise cannot be used to satisfy the sustainment requirement; verify current guidance on the sustainment period before agreeing to any repayment schedule.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.