Identify each person’s actual capital, source and participation and the applicable qualifying job allocation.
Avoid double counting
A common project report does not automatically establish that each principal meets the per-investor requirements.
USCIS review of source of funds traces the lawful origin and path of the invested capital, which can include savings, business income, gifts, inheritance or loans, supported by a documented chain from origin to the new commercial enterprise. For a direct case, assemble formation and acquisition records, bank transfers, source-of-funds evidence, payroll registers, tax filings, Forms I-9, job descriptions, hours, and proof that counted employees are qualifying U.S. workers. For a business sale that means the purchase agreement, the closing statement, the allocation between shares and assets, the corporate financial statements and tax filings behind the value, the lawyer's trust ledger, and every transfer from receipt through to the project's account. Include the source-of-funds exhibits—the Canadian restaurant's sale documents, savings statements and tax returns—the evidence the capital has been transferred and placed at risk, and, if relying on the reduced threshold, the TEA designation.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153(b)(5) — investor capital and adjustment provisions
- USCIS — Petition by Investor to Remove Conditions on Permanent Resident Status