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MORINVILLE · EB-5 FIELD GUIDE

Can the full business sale price be described as already invested for EB-5?

Sources checked:

THE DIRECT ANSWER

Only describe what the evidence actually establishes. An unpaid instalment is not a completed cash transfer.

Follow the money to the investment

Reconcile the sale agreement, receipts, account movements and investment records. Current capital is US$1,050,000 or US$800,000 for a qualifying TEA or infrastructure project, with statutory adjustments beginning January 1, 2027. Establish the applicable capital and other requirements rather than counting an expected receipt as a completed contribution.

The lawful-source requirement then follows the money back through the donors, which is why gifted-funds cases are usually longer files than self-funded ones: two sets of tax records, two sets of asset histories, two sets of bank statements. A lender’s decision addresses financing, while EB-5 separately requires lawful source and path, capital actually placed at risk, investor engagement in management or policy formulation, and job creation. Where a broker's memorandum shows jobs the business will create after your capital arrives, treat those as projections that need a documented basis, a hiring plan, funded budget lines, and a timeline your counsel considers supportable on this file.