The EB-5 Immigrant Investor Program offers a direct route to a U.S. Green Card, but learn its complexities requires a strategic approach. To succeed, investors must negotiate three critical stages: capital investment, job creation, and petition approval.
The process begins with selecting a prepared project—either a Direct Investment or via a Regional Center—and give the required capital (currently $800,000 in Targeted Employment Areas). Your primary goal is proving the “lawful source of funds” and secure the investment creates at least 10 full-time jobs for U.S. workers.
EB-5 Readiness Checklist — Money-Trail, Investment & Project Exhibits
Top-level packet
1. Cover page: Project name, investor name, petition (I-526/I-526E), date, contact info.
2. Exhibit index (numbered) with short descriptions.
3. Sworn declarations: investor, sponsor, escrow agent, accountant.
Source-of-funds (chronological)
- Origin documents: salary (paystubs, tax returns), business proceeds (sale/closing docs), property sale (contract & closing statement), inheritance (probate), gift (notarized gift letter), loans (promissory note & lender proof).
- Bank statements tracing each transfer; highlight transfer rows.
- Wire transfer/SWIFT/FX receipts for cross-border movements.
- Certified translations for non-English docs.
- One-page chain-of-custody narrative referencing exhibit numbers.
Investment evidence
- Signed subscription/investment agreement.
- Escrow agreement & receipts.
- Proof funds moved to project account if escrow released.
- Evidence showing capital is at risk.
Project & job evidence
- USCIS-compliant business plan and economic/job-creation report.
- Offering memorandum, corporate formation documents, and material contracts.
- Payroll templates, hires list, and plan for record retention.
Compliance & supporting docs
- Due-diligence report on sponsor, AML/KYC documents, CPA/escrow confirmations, and expert declarations.
- PDF master file with bookmarks matching the Exhibit Index and identical tabbed paper binder copy.
RFE-avoidance checklist: Ensure every transfer has documentary backup; loan/gift documents prove capacity; escrow shows independent hold & clear release triggers; translations and apostilles done; economic model is defensible.