Skip to content
BARRIERE · EB-5 FIELD GUIDE

Barriere — What evidence will the petition to remove conditions require?

Sources checked:

THE DIRECT ANSWER

Evidence that the capital was invested and sustained, that the enterprise operated as a commercial enterprise, and that the required full-time positions were created, supported by payroll and tax records.

Build the exhibit set across two years

The practical approach is to collect the material continuously. Bank records and project reporting establish that the capital went in and stayed in. Financial statements, tax filings, leases, licences and operating records establish that the enterprise did business. Payroll registers, quarterly employment tax filings and employee records establish the positions and that they were full-time and filled by qualifying workers. Where a regional centre counts employment by an approved methodology, its reports and the underlying expenditure records are what the filing rests on. Reconstructing two years of this at the end is slower, more expensive, and sometimes impossible if a project's records are not made available. Requesting reporting on a fixed schedule from the outset, in writing, establishes the habit while the project is still cooperative.

Hypothetical example: A Canadian investor joins a regional-centre project and receives quarterly reports that summarize hiring without underlying records. The first review should ask which documents support the job calculation, who created them, and how they connect to the approved methodology. Project reports, expenditure records, and the methodology materials settle the count; a marketing update does not. Keep each report with the request that obtained it. If a report changes a prior number, note the date and explanation rather than replacing the earlier version and losing the history.