The following is an overview of the EB-5 program requirements as found in 8 CFR 204.6(j):
– Operation documents such as a certificate evidencing authority to do business in a state or municipality.
– Evidence of mere intent will not suffice.
– No guaranteed buy back or redemption clauses.
– Merely creating and capitalizing a new commercial enterprise and signing a commercial lease are not sufficient to show that an investor has placed his or her capital “at risk.”
– Evidence must be presented that Petitioner has actually undertaken meaningful and concrete business activities.
– Tax returns including income, franchise, and property.
– Certified copies of any judgement or evidence of all pending actions or proceedings.
– Evidence identifying any other source(s) of capital.
– The investments must go towards the job creation because the Petitioner must prove that all money was at placed towards creating jobs.
– Exception: “If Petitioner is a limited partner and the limited partnership agreement provides the Petitioner with certain rights, powers, and duties normally granted to limited partners under the Uniform Limited Partnership Act, the Petitioner will be considered sufficiently engaged in the management of the new commercial enterprise.”
– High Unemployment Area (Average Unemployment Rate of 150% of the National Average Rate)
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