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SPRUCE GROVE · EB-5 FIELD GUIDE

What should establish the EB-5 investor’s policy role?

Sources checked:

THE DIRECT ANSWER

Use the actual organizational agreement, position or participation evidence applicable to the structure. A brochure stating that no work is required may not describe the legal rights or duties.

Identify the rights the documents really provide

Read the investor’s authority and obligations in context and explain any relevant limits. Do not invent a board position or amend the narrative to imply daily management that will not occur. Obtain review of whether the actual arrangement satisfies the engagement requirement, while keeping source-of-funds and job evidence as separate parts of the case.

Request the regional center's legal name and designation details, the project's offering documents, the escrow or subscription terms, the economic analysis behind the job projections, and disclosure of any litigation, enforcement action, or sponsor change. Formation documents, the operating or shareholder agreement, share or membership ledgers, the lease or premises contract, licences, bank statements showing capital arriving and being spent, payroll registers, and tax filings once they exist. The purchase agreement, the closing statement of adjustments, the professional corporation's bank statements receiving the funds, the corporate record authorizing payment to the owners, personal bank statements receiving it, tax filings covering each step, and the escrow wire confirmation.