Read the actual enforceable rights and explain any conflict. A presentation cannot cure excluded repayment rights or a guaranteed rate of return in the signed investment arrangement.
Locate the controlling capital provisions
Identify who can demand repayment and who controls any buyback. The enterprise-only discretionary exception has conditions, including the rule governing exercise and petition withdrawal. Do not substitute a promoter’s verbal assurance for the actual contract.
Documents proving both where the money came from and how it travelled: business financial statements and tax filings, sale or dividend records for whatever was liquidated, loan agreements with their security terms, and bank statements connecting each transfer from origin to the enterprise account. For a direct investment in an operating cidery, the evidence is the company’s tax returns, bank statements showing the capital deployed, audited or reviewed financial statements, and payroll records with Forms I-9 and quarterly wage reports for each employee. The corporate set includes formation documents, the operating or shareholder agreement, share or membership ledgers, the lease or premises contract, licences, bank statements showing capital arriving and being spent, payroll registers, and tax filings once they exist.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153(b)(5) — investor capital and adjustment provisions
- USCIS — Form I-829
- USCIS Policy Manual — EB-5 eligibility
- Department of State — after the immigrant visa interview