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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Beyond the investment amount, what else must an EB-5 case establish?

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THE DIRECT ANSWER

The case must also establish the lawful source and path of the capital, satisfaction of the applicable at-risk requirement, and qualifying job creation. The reduced capital threshold depends on the project qualifying for it, not on the investor simply choosing a lower figure.

Review the investor and the project evidence as two separate files

Identify the specific petition category being used and what each part of the file is meant to prove. A thorough personal funding history does not substitute for the project's job-creation evidence, and an attractive project presentation does not substitute for documenting the investor's lawful capital. A first review should yield separate evidence paths for capital, the lawful source and movement of that capital, the project, the required jobs, and family timing.

Original transaction papers, bank records, project documents, and job methodology settle those issues more reliably than account balances or sales material. Build the funding trail from earliest source to final transfer, then test the job evidence and the family calendar separately. A case can falter when a transfer has no source explanation, a project promise is mistaken for job proof, or conditional-residence obligations are ignored.

Make the missing fact visible before committing funds. For requirements, test the proposed enterprise and job approach before treating a personal source-of-funds history as the whole case. The decision is whether the project can establish its part of the statutory requirements, independently of the investor's ability to transfer money.

Hypothetical example: A recycled-glass processor has an attractive funding plan but only a vague hiring schedule; the investor must decide whether job evidence is mature enough before relying on the project.