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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Does contributing to a growing company automatically qualify for EB-5?

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THE DIRECT ANSWER

No. The actual proposal must meet the applicable investment and job requirements.

Separate growth from eligibility

Identify the structure, capital treatment and qualifying evidence. Commercial success is not a substitute for the specific immigrant investment criteria.

If the total falls short, the choices are to expand the operation, to reconsider the structure, or to look at whether a regional centre investment, where job counting works differently, is a better fit for the family. An investment not associated with a regional center must create at least ten full-time jobs for qualifying U.S. workers directly, without relying on indirect or induced employment calculated through economic models. Approval leads to conditional permanent residence, and the conditions are removed only on a later petition showing that the capital remained invested and that the required jobs were created, or where permitted will be created within the applicable period.