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DELBURNE · EB-5 FIELD GUIDE

Does calling an investment passive answer the EB-5 participation question?

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THE DIRECT ANSWER

No. Read the actual management or policy-formulation rights. Qualifying limited-partner rights can satisfy the requirement without daily operation.

Distinguish commercial shorthand from legal rights

A label may describe the investor’s expected time commitment while omitting governance provisions. Assess those genuine provisions rather than assuming either that daily management is always required or that no participation condition exists.

Under the 2022 legislation the standard investment amount is one million fifty thousand United States dollars, with eight hundred thousand for a qualifying targeted employment area or infrastructure project, and the statute provides for periodic adjustment. Job creation is the purpose of the programme: at least ten full-time positions for qualifying American workers, evidenced directly where the investor controls the business and, in a regional centre case, partly through permitted indirect and induced methodologies. The project's job-creation evidence, capital structure, and the investor's own lawful source of funds still need to be independently verified from the actual offering documents and personal records, regardless of how the opportunity was presented. Counsel and a qualified valuer can assess the proposed contribution and remaining capital need; neither an appraisal nor permission to export alone proves that the enterprise receives the claimed qualifying value.