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KILLARNEY · EB-5 FIELD GUIDE

Does a large construction budget establish the reduced EB-5 capital threshold?

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THE DIRECT ANSWER

No. Qualifying targeted employment area or infrastructure conditions determine whether the US$800,000 threshold applies, rather than expenditure size alone.

Confirm the investor’s required amount

The current general threshold is US$1,050,000, with statutory adjustments beginning January 1, 2027 based on petition filing date. Project expenditure, the investor’s qualifying capital and separate immigration expenses must not be treated as the same amount.

Beyond the fees attached to the offering, budget for legal work on the petition, responses to any request for evidence, translations of financial records, medical examinations, and consular or adjustment steps for each family member. Government filing fees for the immigrant petition, the residence application for each family member, and the later petition to remove conditions, all listed in the USCIS fee schedule; plus regional-center administrative fees, legal, accounting and translation costs. Money held in the investor's personal account against future expenses is not yet invested, and funds contributed but parked in the company's reserve with no business purpose invite the question whether they are actually at risk.