What the petition has to show
An EB-5 petition shows that the investor has placed, or is actively placing, a qualifying amount of capital at risk in a new commercial enterprise that will create jobs for U.S. workers. The required amount depends on whether the project is in a targeted employment area, and the figures are set by law and adjusted over time. Investors choose between investing directly in their own business and investing through a regional center project, and the job-creation analysis differs between the two. Some visa numbers are set aside for particular project types, such as rural projects, which can matter for investors from countries with long waits. Because the petition commits real money, the structure has to be right before the funds move.
Tracing the money
USCIS expects a lawful source and a traceable path for the investment funds, and this is where many petitions run into trouble. Typical evidence includes tax returns, salary records, business financial statements, property sale contracts, and bank records showing each transfer. Gifts and loans can be used in some situations, but they bring their own documentation, including where the giver's or lender's money came from. Funds that pass through several countries or currency exchanges need a clear explanation at each step. Start gathering records before choosing a project, because gaps in the trail are easier to address early.
Choosing a path and a project
Our first review covers your sources of funds, the family members who would be included, and your timeline. If you are considering a regional center project, we talk about the questions to ask about its structure, documentation, and exit plan, and we recommend independent review of the business terms. We also check whether you are in the United States and could file for adjustment together with the petition, or whether consular processing applies. The investment carries business risk that no immigration filing removes, and that should be understood from the start.
