Getting Started with EB-5: Preparing Your Documentation and Team

The EB-5 Immigrant Investor Program offers a pathway to a U.S. Green Card for foreign nationals who make a significant capital investment in a U.S. commercial enterprise that creates or preserves at least ten full-time jobs for qualifying U.S. workers. Success hinges on meticulous preparation of both investment documentation and the supporting professional team.

Phase 1: Assembling Your Expert EB-5 Team

A successful EB-5 petition requires a coordinated effort from several specialized professionals. Do not attempt to navigate this complex regulatory environment without expert guidance.

Key Team Members

• Immigration Attorney: Primary counsel responsible for filing the I-526/I-526E petition and ensuring compliance with USCIS requirements.
• Financial/Economic Consultant: Prepares the comprehensive Job Creation Report (JCR) and economic impact analysis necessary to demonstrate job creation projections.
• Regional Center Administrator (If applicable): Manages compliance, fund deployment, and reporting structures specific to the chosen Regional Center.
• Tax Advisor (CPA): Advises on the source of funds, tax implications of the investment, and compliance with IRS regulations.
• Business Plan Writer: Develops the detailed business plan outlining the enterprise's viability, management structure, and job creation methodology.

Phase 2: Documentation for Source and Path of Funds

The most critical component of the I-526/I-526E filing is proving that the invested capital (usually $800,000 or $1,050,000) was legally obtained and properly transferred to the New Commercial Enterprise (NCE).

Required Financial Documentation Categories

1. Source of Funds Evidence: Documentation proving the origin of the investment capital. This often includes:
   • Tax returns, salary statements, or proof of business ownership.
   • Documents showing the sale of assets (e.g., real estate closing statements, stock sale confirmations).
   • Loan agreements (if applicable, ensuring the loan is secured by the investor’s assets).
2. Path of Funds Evidence: Documentation tracing the money from its source to the NCE bank account. This requires bank records showing every transfer, including wire confirmations and bank statements.

Note: USCIS scrutinizes the "path" heavily. Any gaps in the paper trail can lead to Requests for Evidence (RFEs) or denials.

Phase 3: Preparing the Investment Documentation

Beyond personal financial proof, the investment vehicle itself must be fully documented to show compliance with EB-5 requirements regarding job creation and capital deployment.

Business Plan and Economic Projections

The business plan must clearly articulate how the required ten jobs will be created within the targeted timeframe. The economic report must use recognized methodologies (e.g., IMPLAN, RIMS II) to quantify these jobs.

The business plan must demonstrate that the NCE is a "for-profit enterprise" and that the investor’s capital is "at risk."

Capital Deployment Verification

Investors must show proof that the funds have been irrevocably committed to the NCE. This typically includes:

• Executed subscription agreements or shareholder agreements.
• Evidence of capital transfer to the NCE operating account.
• Contracts or invoices demonstrating the use of funds for business operations or capital expenditures.

Thorough preparation across documentation, team coordination, and adherence to USCIS guidelines significantly increases the likelihood of a successful initial filing.