The investment structure, the lawful source and path of the capital, applicable at-risk requirements, and qualifying job creation all need to be independently established. Access to the reduced capital threshold depends on the specific project's qualifying circumstances, not on the investor's preference for a lower figure.
Assess both the investor's file and the project's file
Confirm which petition route actually applies and identify exactly what each part of the file is meant to prove. A thoroughly documented personal funding history does not substitute for the project's own job-creation evidence, and an impressive project presentation does not substitute for the investor's lawful-capital documentation. Confirm current filing requirements and capital thresholds against official instructions before relying on figures from an earlier filing.
The investor must be engaged in the enterprise's management or policy formulation rather than holding a passive interest, which in a regional centre structure is ordinarily satisfied through the rights of a limited partner or member.
- 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 — current investor capital and restrictions
- 8 CFR 204.6 — employment definitions and participation; capital amounts superseded by statute