IN THIS GUIDE · Ten qualifying jobs is a counting exercise before it is an argument
Start with the EB-5 eligibility and application overview
The two figures, and the date on which they move
The qualifying investment is US$1,050,000, reduced to US$800,000 where the investment is in a targeted employment area or in an infrastructure project. Those amounts carry a statutory adjustment, with the first adjustment taking effect on 1 January 2027 and further adjustments at set intervals after that. Anybody planning across that date should assume the figures will change and should confirm the amount in force when the investment is actually made. A targeted employment area designation is likewise a current fact, not a permanent characteristic of a place, and it is confirmed from official data rather than from a project’s promotional map.
Ten full-time positions, counted properly
The requirement is at least ten qualifying full-time jobs for United States workers per investor, and the qualifying worker definition excludes the investor and immediate family. Full-time means at least thirty-five hours a week; job-sharing arrangements can qualify where the statute permits, but simply adding several part-time roles together does not. Positions must be durable rather than momentary, and a construction job counts only within the specific rules that apply to it. Build the count from the payroll the business will actually run, position by position, with hours and expected duration written beside each, and keep the model with the file so the same numbers can be evidenced later.
Lawful source, engagement, and the conditional period
Capital must be lawfully derived, and both its source and its path have to be shown: where the money came from originally, and every account it passed through on the way to the enterprise. The investor must be engaged in the business through management or policy formulation, which is a lower bar than daily operation but is not passivity. A successful petition leads to two years of conditional permanent residence for the investor and for a spouse and unmarried children under twenty-one as derivatives, followed by a Form I-829 petition to remove the conditions by showing the investment was sustained and the jobs were created.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.