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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Does an infrastructure project change the basic EB-5 requirements?

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THE DIRECT ANSWER

A qualifying infrastructure project may support the reduced capital threshold, but its label does not by itself establish a job-counting method. The investor still needs qualifying at-risk capital, lawful source and path, the required management or policy-formulation participation, and at least ten qualifying full-time jobs per investor under the applicable rules.

Confirm the project's own qualifying basis before relying on it

Ask for the legal basis of the project’s infrastructure qualification and the evidence supporting its job methodology. Distinguish that qualification from general construction activity and from targeted-employment-area eligibility. Confirm the capital threshold on the petition’s filing date and have unresolved job-counting assumptions assessed before relying on the offering’s marketing description.

Verify legal designation and evidence, not branding. EB-5 requires US$1,050,000, or US$800,000 for a targeted employment area—rural or high unemployment—or an infrastructure project. The investor must place capital at risk, either invested or actively in the process of being invested, trace its lawful source and path, and support ten full-time jobs for qualifying U.S. workers. Obtain the designation basis, capital documents, business plan, job methodology, and construction assumptions. The recurring mistake is believing public-purpose construction automatically proves infrastructure eligibility or temporary building labour always satisfies the ten-job rule.

Hypothetical example: a Windsor civil contractor considers an infrastructure fund financing an American municipal cold-storage freight terminal. He asks who is the governmental job-creating entity, why the project receives the reduced threshold, and how each claimed full-time position will be counted. His transfer and source records remain separate from project evidence. Before subscribing, independent reviewers examine whether the job model and infrastructure characterization match governing requirements instead of relying on the offering's headline.