EB-5 Application Documents
Information Regarding EB-5 Application Documents
The Form I-526 must be filed with supporting documentation which clearly demonstrates that the individual’s investment meets all requirements, such as:
- Establishing a new commercial enterprise (not necessary to apply through regional center)
- Investing the requisite capital amount
- Proving that the investment comes from a lawful source of funds
- Creating the requisite number of jobs
- Demonstrating that the investor is actively participating in the business; (not applicable if applying through a regional center)
- Creating employment within a targeted employment area (if applicable)
- I-485 to become conditional resident for two years
I-829 (must be filed within 90 days before the second anniversary of an alien investor’s admission to the United States as a conditional resident.)
- Evidence to show that a new commercial enterprise has been established, such as articles of incorporation, business license, or evidence of the transfer of the required amount of capital when purchasing an existing business.
- Evidence that the proper amount of capital has been placed at risk, such as bank statements showing the deposit of funds into the business’s account, evidence of equipment purchased for use in the business; evidence of property transferred to the business, and evidence of money transferred to the business in exchange for shares of stock. This stock cannot include terms requiring the business to redeem the stock at the holder’s request.
- Evidence demonstrating that the capital invested was lawfully gained, such as foreign business registrations, tax returns, or certified copies of criminal or civil judgments, where appropriate.
- Evidence that the investment has created at least ten full-time jobs, such as tax records, Forms I-9, or if employees have not yet been hired, a detailed business plan demonstrating that the nature of the business will require the hiring of ten employees within two years. If the business is a troubled business, the applicant must submit evidence that the currently existing number of employees will be maintained for at least two years.
- Evidence that the investor will be engaged in the management of the enterprise, such as evidence that the applicant is a corporate officer or member of the board of directors. If the business is a limited partnership, the applicant will be considered to have a management position only if the partnership agreement provides that the applicant will have the rights, powers and duties normally granted to limited partners under the Uniform Limited Partnership Act.
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