No. The project must actually qualify for the reduced threshold under the applicable rules. The current standard is US$1,050,000, with US$800,000 for qualifying TEA or infrastructure projects.
Test the category rather than the marketing name
Confirm the project evidence and filing-date amount; statutory adjustments begin January 1, 2027. Meeting a capital number does not replace lawful-source, at-risk or qualifying-job requirements. Begin with the filing-date capital amount and the project category that supports it, then test lawful source, path, risk and the job-creation method independently.
EB-5 requires qualifying capital exposed to enterprise risk and the required qualifying employment outcome; meeting a quoted amount alone is insufficient. Hypothetical example: a municipal-waste sorting investor relies on a reduced figure because the project brochure uses the word infrastructure. The governing project evidence, offering documents and filing date determine whether that category actually applies.
A first review should identify the precise record needed for every condition. It prevents a capital transfer from being treated as proof of a complete immigrant case. The closing memorandum should identify the evidence that supports every threshold, source, risk and job point.
It prevents a project’s marketing label or a single wire confirmation from being treated as a complete eligibility record.
- 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