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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Does a portfolio valued above the EB-5 threshold establish a qualifying investment?

Sources checked:

THE DIRECT ANSWER

No. Establish lawful source, ownership, actual capital invested at risk and the applicable job requirements. A valuation alone does not show that the required investment occurred.

Distinguish asset value from qualifying capital

Current general thresholds are US$1,050,000 or US$800,000 for a qualifying targeted employment area or infrastructure project, with statutory adjustment beginning January 1, 2027. Identify the correct threshold and structure. At least ten qualifying full-time jobs per investor are required under the applicable rules.

A statement value may change before redemption and does not establish the later investment’s terms, source evidence or job creation. Hypothetical example: A Trois-Rivières documentary-film producer plans to use proceeds from licensing rights and a recent asset sale for an EB-5 investment. The first review should distinguish the original lawful source of each amount, the evidence of ownership, the cash actually received and the selected project’s capital and job requirements.

Build a source-and-path ledger before treating an expected sale value as available capital. The project choice matters because the applicable job evidence depends on the structure, while qualifying capital must remain at risk. A common failure is merging unrelated income streams into one unexplained balance.

Decide whether the file can document each link now or whether additional records are needed before funds move. Do not let a promising project presentation replace proof of lawful funding or required job creation.