Not automatically. Establish the applicant’s lawful rights to the funds and the actual transaction; as of September 7, 2026, the general threshold is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project, with statutory adjustment beginning January 1, 2027. At least ten qualifying full-time jobs per investor and capital placed at risk are also required under the applicable rules.
Distinguish the company’s assets from the investor’s entitlement
Provide ownership, financial and distribution records, including conditions or obligations affecting the payment. Being a director or signatory does not by itself establish unrestricted personal rights. The EB-5 source, path, at-risk and job-creation requirements remain separate. Obtain appropriate corporate advice where the proposed use of funds is unclear.
Hypothetical example: a veterinary-clinic owner plans to use proceeds from selling a minority share in her practice for an EB-5 investment. The first review should identify the original acquisition of the shares, financial records showing their value, the executed sale, taxes, and the movement of net funds to the investor. A bank balance alone does not explain lawful source or path. EB-5 separately requires qualifying capital placed at risk and the applicable job-creation showing; a clean source story does not prove the project requirement. Collect shareholder agreements, sale documents, tax returns, bank statements, and wires in chronological order. If a relative supplied part of the funds, trace that person’s lawful source as well. Do not describe a proposed sale, expected bonus, or corporate credit line as money already invested. The decision is whether every major transfer can be supported by original records before funds are committed, because a later summary cannot reliably fill a missing ownership or source link.