Skip to content
APPLICATION ANSWERS · EB-5 FIELD GUIDE

Does a convincing project presentation establish my own EB-5 eligibility?

Sources checked:

THE DIRECT ANSWER

No. The project's evidence and the investor's personal evidence address different requirements. A presentation about jobs or development does not document how you lawfully acquired and transferred your capital.

Keep two separate evidence lists

One list can identify the project records needed for the selected structure; the other can track the investor's funding history and personal circumstances. Record who can supply each missing item. Ask an independent reviewer what the promotional material leaves unanswered rather than treating a professionally designed presentation as due diligence. The investment decision also needs financial assessment: an immigration analysis does not establish that the commercial proposal is sound.

The requirement is that the capital was lawfully obtained and can be followed in an unbroken line from origin to enterprise, which for a business family means corporate statements, tax filings across years, sale documents for any asset liquidated, and statements covering every account involved. Outside the regional-center program, that means direct employees of the new commercial enterprise, each working at least thirty-five hours a week, who are citizens, permanent residents or otherwise authorized, excluding the investor, spouse and children.