What are ‘substantial steps’ in the EB-5?

In the EB-5 program, ‘substantial steps’ are the concrete actions an investor takes to demonstrate genuine commitment to the investment and to the job creation the program requires. The idea is to show, through facts, that the capital deployment is underway and is not merely an intention.

In practice, these steps help establish good faith even when the investment has not yet been fully completed. They typically include:

• The allocation of funds into an entity, project, or account designated for the EB-5 investment.
• The signing of contracts and agreements related to the enterprise.
• The assumption of financial commitments consistent with the program’s guidelines.

Taking these steps is read as an indicator of seriousness and commitment, which benefits the review. Even so, each case is evaluated individually by immigration authorities, and what matters is the substance of the actions, not their appearance.

Because the way to document these steps depends on each project’s structure, it is worth planning the paperwork with a qualified professional and confirming current requirements at the official source (USCIS) before moving capital.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.