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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Should all available household funds be counted as qualifying investment?

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THE DIRECT ANSWER

No. Identify the actual capital invested and distinguish charges, reserves and funds outside the proposal. As of September 7, 2026, the capital figures are US$1,050,000 or US$800,000 for qualifying targeted employment area or infrastructure projects. Statutory adjustments begin January 1, 2027; confirm the amount applicable to the filing.

Use a categorized funding plan

Confirm current thresholds and the treatment of each component. A household balance sheet does not establish the qualifying investment amount. Hypothetical example: an antique-map dealer comparing a direct enterprise contribution with a regional-center project.

At a first review, the first review should categorize capital, project charges, professional fees, reserves, and other household assets without merging them. The records most likely to settle that point are subscription documents, fee schedules, wire instructions, source records, project budget, and independent risk analysis. Sequence the work deliberately: identify the qualifying capital first, then compare how each structure handles jobs, risk, and later evidence.

A common error is counting every payment connected to the plan as investment capital even when a charge does not serve that function; that error matters because a conclusion based on incomplete or mismatched facts may not carry to the final arrangement. Write down the decision that remains after the review, the fact that could change it, and the record needed to resolve that fact. This creates a usable file rather than a collection of documents that cannot be connected to the actual plan.