Do not assume so. Each principal must satisfy the applicable requirements; the actual structure needs assessment. 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.
Keep the legal units clear
A shared total is not automatically sufficient capital for every proposed principal. Hypothetical example: two Warman siblings co-own a contractor that services potash-mine conveyors and hoists. They plan to sell the company, place one qualifying amount into a regional-center project and have both names on the file so that each obtains conditional residence.
The legal unit is the principal investor, and a principal is a person, not a household or a partnership. Each sibling who wants to be a principal must contribute the full applicable amount from lawfully sourced funds, sustain it at risk, and be allocated the required full-time positions within the project's job count; the same ten jobs cannot be credited to both. A sibling is also not a derivative, since derivatives are limited to the principal's spouse and unmarried children under 21.
The decision the siblings face is therefore structural. One route is two separate full investments, each with its own source-of-funds trail showing which share of the sale proceeds belongs to whom under the shareholders' agreement. Another is one principal with that person's own spouse and children as derivatives, while the other sibling pursues an independent basis on its own conditions, which must be assessed separately rather than assumed.
What they should not do is wire a single sum from a joint account and sort out the roles later, because the transfer record may obscure whose capital is being invested unless ownership and lawful source are documented for the chosen structure.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153(b)(5) — investor capital and adjustment provisions
- USCIS — Petition by Investor to Remove Conditions on Permanent Resident Status