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SYLVAN LAKE · EB-5 FIELD GUIDE

Does a signed customer contract prove the project will satisfy EB-5 job creation?

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THE DIRECT ANSWER

No. It may help explain expected business activity, but qualifying employment must be shown under the applicable job framework. Revenue commitments and eligible jobs are different evidence.

Ask what the claimed jobs actually represent

Identify whether the case uses a standalone or regional-centre method and how the investor’s ten-job requirement is supported. Do not count every person appearing in a supplier or contractor schedule as a qualifying direct employee.

The immigrant investor category requires an investment of the qualifying amount in a new commercial enterprise that creates at least ten full-time jobs for qualifying U.S. workers, made with capital the investor obtained lawfully, with the investor engaged in management or policy formulation. A reduced qualifying amount depends on the investment falling within a targeted employment area or a qualifying infrastructure category as currently defined, and that is a factual question about a specific location under current rules. The regulation requires evidence that the investor's capital was obtained through lawful means, and USCIS reads that as a request to trace the funds back far enough to be satisfied about their origin.