How the category is structured
The EB-5 asks for an investment in a new commercial enterprise that creates full-time jobs for qualifying U.S. workers. Some investors run their own business directly, while many invest through a regional center, which pools capital into a larger project and can count jobs created indirectly. The required amount depends on whether the project sits in an area that qualifies for a reduced level, and the figures have changed by law over time. Congress revised the program substantially not long ago, including set-aside visa numbers for certain project types. The investment has to remain at risk, and an arrangement that promises the money back regardless of how the project performs tends to fail that requirement.
Tracing the money
Most of the work in an EB-5 file is showing that the invested funds came from a lawful source and following the path they took to the project. Tax returns, salary records, sale documents for property or a business, gift or loan paperwork, and bank transfers across years may all be needed. Funds that pass through several accounts or currency exchanges need a clear paper trail. Loans can sometimes be used, depending on how they are secured. Start collecting records early, since reconstructing old transactions abroad takes time.
Due diligence and the road after approval
On the project side, review the offering documents, the developer's history, the job creation methodology, and how and when capital might be returned, preferably with a securities or business advisor as well as immigration counsel. Approval leads to conditional residence, and a later filing has to show that the investment was sustained and the jobs were created. The first conversation usually centers on your source of funds, your family situation, and the projects you are considering. We do not evaluate any investment as safe or promise an outcome; we explain what the immigration filings will require.
