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FOOTHILLS COUNTY · EB-5 FIELD GUIDE

Does a completed sale prove the EB-5 source of funds?

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THE DIRECT ANSWER

It may establish one step, but the lawful origin, ownership and path of the actual investment funds still need evidence appropriate to the facts.

Trace beyond the closing statement

Identify how the asset was acquired and how the applicant received the proceeds. Explain joint ownership, distributions or gifts rather than leaving them implicit. A sale document does not establish project eligibility or the qualifying job requirement.

The standard amount is one million and fifty thousand United States dollars, or eight hundred thousand where the enterprise is principally doing business in a qualifying targeted employment area or is an infrastructure project. EB-5 requires qualifying capital placed at risk in a new commercial enterprise, the required job creation under the applicable model, and compliance with the immigrant process; an ordinary investment return expectation does not replace those elements. For a targeted employment area claim, the basis is usually a designation resting on identified statistical data for a defined area; for an infrastructure claim, it is the statutory description applied to the project's actual contracting arrangements with a governmental entity.