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BOWDEN · EB-5 FIELD GUIDE

Does visiting the project establish the investor’s required participation?

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THE DIRECT ANSWER

A visit alone does not establish the actual management or policy-formulation rights. Read the real investment and governance arrangement.

Identify the role rather than the itinerary

Qualifying limited-partner rights can meet the participation requirement without daily operations. Conversely, a project tour does not itself grant those rights. Keep the actual documents and intended responsibilities central.

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. The reduced figure exists for particular kinds of projects, and whether a project qualifies is a question of evidence about the area or the infrastructure involved, tested against the statutory criteria rather than accepted from an offering document. 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.