No. Explain their actual status and have the investment structure assessed under the applicable requirements. The enterprise also must create at least ten full-time jobs for qualifying U.S. workers, and the investor must engage in management or policy formulation.
Distinguish commitments and completed transfers
A presentation’s total does not establish that all funds are invested. Identify the legal obligations and genuine contingencies. Hypothetical example: a Canadian owner of a specialty-glass studio is considering a direct investment in a U.S.
manufacturing start-up that will build its workforce over several phases. The first review should identify the new commercial enterprise, the required investment amount for the filing date and project location, the lawful source and path of capital, the genuine risk of loss, and the method by which qualifying jobs will be created. EB-5 is not satisfied by a slide deck’s aggregate budget.
Capital must be placed at risk under the applicable rules, and the plan must support the required full-time job creation, generally ten qualifying positions for each investor. For a direct case, distinguish the enterprise’s actual employees from contractors, owners, and family members who may not count in the same way. For a regional-center structure, identify the authorized job-count methodology rather than importing direct-job assumptions.
Records that settle the issue include governing offering or operating documents, capital-call terms, escrow or transfer evidence, business plan assumptions, hiring projections, payroll model, and source-of-funds documents. Sequence the analysis from current threshold and structure, through funds, to jobs, before discussing residence timing. A common mistake is treating an installment promise as completed investment or a projected workforce as existing employment.
The investor petition does not itself grant permanent residence; visa processing or adjustment follows if available. Conditional residence then requires later evidence that the statutory conditions have been met.