Many investors save for years to reach the EB-5 stage, only to realize that showing where their money came from is just as important as having it. The U.S. immigration program doesn’t just ask for capital. It asks for proof that every dollar was earned or transferred legally.
Since 2007, the EB-5 program has generated more than $37 billion in investment, fueling projects that create jobs and open doors for families seeking permanent residency. Yet even strong applicants can face delays when their source of funds is not clearly documented.
This post explains what counts as EB-5 capital, how much you need to invest, and which funding sources qualify, from savings to inheritance. Let’s start with the basics.
EB5 Capital: What Investors Need to Know
EB5 capital is the foundation of the immigrant investor program. It refers to the funds that a foreign investor contributes to a qualifying U.S. business to create jobs and support economic growth. The purpose of EB5 capital is not only to finance development but also to help investors participate in the EB-5 program through lawful investment.
To qualify, the EB5 capital must be at risk in a commercial enterprise within the United States. This means it cannot be a loan guaranteed to return. Instead, it must directly support business activity that creates at least ten full-time jobs for U.S. workers.
Here’s what investors should know about EB5 capital and how it works:
- Investment Thresholds:
- $800,000 in a Targeted Employment Area (TEA) or infrastructure project.
- $1.05 million for investments outside a TEA.
The amount depends on where the project is located and the type of regional center managing it.
- Acceptable Uses – EB5 capital can fund construction, job creation, or business expansion. It must clearly contribute to U.S. economic growth.
- Key Consideration – USCIS carefully reviews the source of EB5 capital. Investors must provide evidence that their funds were earned legally, whether through savings, business profits, or inheritance.
For many foreign investors, understanding EB5 capital and its legal requirements helps them make informed decisions about where and how to invest. To see how timing also affects an EB-5 application, review this guide on EB-5 priority dates.
Understanding the EB5 Investment Amount Requirement
The EB5 investment amount sets the foundation for every applicant’s path toward U.S. residency. It determines how much capital an investor must contribute to a qualifying business that creates jobs for American workers. Knowing the right EB5 investment amount helps investors plan ahead and avoid costly mistakes during the process.
There are two standard thresholds:
| Type of Investment Area | Minimum EB5 Investment Amount | Purpose |
| Targeted Employment Area (TEA) | $800,000 | Encourages growth in rural or high-unemployment regions. |
| Non-TEA Projects | $1.05 million | Applies to all other U.S. commercial areas. |
The EB5 investment amount must be fully committed to the project before the investor’s petition is submitted. Funds must remain at risk for the required sustainment period under current USCIS guidance (post-RIA) and be fully traceable.
For many investors, deciding between a TEA and a non-TEA project comes down to personal goals, risk tolerance, and timeline. Regional centers often guide applicants through these options to ensure compliance and transparency.
Understanding the EB5 investment amount also helps investors stay aligned with USCIS regulations, which directly influence approval rates. To learn how funding timelines affect each stage of the process, visit this guide on the EB-5 timeline.
How Inheritance Money Can Be Used in EB-5 Investments
Many investors use inheritance money to fund their EB-5 investment. It is an acceptable source of capital as long as the funds can be clearly traced and proven lawful. USCIS requires that inheritance money be properly documented to confirm both the investor’s ownership and the origin of the deceased person’s assets. Without this, even legitimate funds may face delays or denials during the review process.
Here’s what investors need to prepare when using inheritance money for EB-5:
- Proof of inheritance: Provide a will, probate record, or court-issued inheritance certificate.
- Transfer documentation: Include bank records, wire transfers, or transaction receipts showing how inheritance money moved to your account.
- Origin verification: If required, show where the inherited funds came from, such as salary, business income, or property sales of the deceased.
- Provide full English translations with a translator’s certification: Non-English documents must be translated and certified for USCIS acceptance.
- Consistent recordkeeping: Keep all documents organized from the time of inheritance to the EB-5 investment stage.
By meeting these steps, investors can ensure their inheritance money is accepted as EB-5 capital. To stay informed about upcoming program changes, review this article on whether EB-5 is ending.
Proving the Right Source of Capital for Your EB-5 Visa
One of the most critical parts of the EB-5 process is proving a legal source of capital. USCIS requires clear documentation showing that your investment funds were earned, received, or transferred through lawful means. Without sufficient proof of your source of capital, even a qualified investment can face delays or rejection.
To strengthen your EB-5 application, make sure your source of capital meets these standards:
- Comprehensive documentation- Include tax returns, business financial statements, or property sale records that explain where your funds originated.
- Consistent paper trail- Keep clear records tracing your source of capital from origin to your personal account, and then to the EB-5 investment.
- Loan details- For loans, include the loan agreement, evidence of disbursement, and documentation of the lender’s lawful funds; collateral if applicable.
- Gifted funds- Provide legal documents showing the donor’s financial background and how they obtained the money.
- Translation and verification- Translate non-English documents and include official certifications for all major transfers.
Establishing a verified source of capital builds confidence in your EB-5 petition and supports compliance with immigration law. Austin EB5 supports investors in preparing documentation that aligns with USCIS standards and reflects the latest EB-5 program rules.
Get Expert Guidance on Your EB-5 Investment
Securing U.S. residency through the EB-5 program takes more than capital — it takes a clear understanding of qualified investments and regulatory standards.
Austin EB5 connects international investors with job-creating real estate projects that meet EB-5 program requirements and uphold full transparency throughout the investment process.
Contact Austin EB5 today to discuss your investment options and start your path toward permanent residency.
