IN THIS GUIDE · Sequence the source-of-funds file when the capital comes from an estate and a pension
Start with the EB-5 eligibility and application overview
Two sources, two evidentiary chains
Hypothetical example: a Portugal Cove-St. Philip's retiree received a share of a parent's estate and elected to take a pension benefit as a lump sum. Together they cover an US$800,000 targeted-employment-area investment. The inheritance chain runs from the will or intestacy grant through the estate accounts to the distribution; the pension chain runs from the plan statement through the election form to the transfer into the retiree's account. Each chain must show that the money was lawfully obtained by the person who gave it, which for an inheritance means evidence of how the deceased accumulated it, as far as records reasonably allow.
The regional-center choice changes the job count, not the capital rules
Investing through a designated regional center allows jobs to be counted using an economic methodology that includes indirect and induced employment, whereas a standalone investment counts only direct employees of the enterprise. The capital must still be at risk, lawfully sourced and fully committed before or at filing, and the investor must still hold a policy-making or management role, which in a limited-partnership structure is usually satisfied by limited-partner rights. The targeted-employment-area designation must be current at the time of investment and is determined under the 2022 reform rules.
What happens after approval
Petition approval does not confer residence. A Portugal Cove-St. Philip's investor outside the United States then applies for an immigrant visa when a visa number is available under the Visa Bulletin, and enters as a conditional permanent resident. Within the ninety days before the second anniversary, Form I-829 must be filed showing the capital remained invested and the jobs were created or will be within a reasonable time. Failure to file removes residence. The spouse and unmarried children under 21 are derivatives, and a child's age is calculated under the Child Status Protection Act using the actual filing and availability dates. Review the project's job model against the timing and risk assumptions in the offering documents. For a direct investment, identify which payroll positions are expected to satisfy the requirement; for a regional-centre structure, understand the economic methodology and the records expected later. The decision is not simply how much to invest, but whether the investor can document capital at risk and the job basis through conditional residence.
Fees, thresholds and the date they change
The capital thresholds were set by the 2022 Reform and Integrity Act and are scheduled for inflation adjustment beginning January 1, 2027; the amount that governs is the one in force when the petition is filed. Petition and later fees are published in the USCIS fee schedule, Form G-1055, and regional-center administrative fees are a separate commercial charge that does not count toward the capital. Confirm both immediately before funds move.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.