Step 1: LP/RC Documentation

Documentation needed for the Immigrant Investor from the Limited Partnership and from the Regional Center (not necessarily all-inclusive) 

  • Articles of incorporation of LP and RC
  • Operating agreements of LP and RC
  • Lease agreement for the new enterprise, if applicable
  • Confirmation of escrow account (indicating that the required funds have been transferred into the EB-5 Capital Investment Escrow Account)
  • Business license, if applicable
  • Resale permit (sales tax permit), if applicable
  • Corporate brochure for new commercial enterprise
  • Financial statement
  • Business plan and/or pro forma
  • Type of business, indicating goals, projections, and plans for the new enterprise
  • Income and expense figures for the new enterprise (both actual to-date figures and figures project for at least three years)
  • Corporate tax returns for the new enterprise, if applicable
  • List of employees currently on staff (including hire dates) with job titles
  • List of employees that new enterprise anticipates hiring, expected hire dates, job titles, and functions of each employee.  The investor should confirm how many positions are full-time (that is at least 35 hours per week.)  The investor should also indicate which employees, if any, are her or his relatives and identify each relative/employee’s relationship to the investor
  • Employee organizational chart
  • I-9 forms, if applicable
  • State or federal quarterly payroll contribution returns, if applicable
  • Evidence of assets that have been purchased for use in the U.S. enterprise , including invoices, sales receipts, purchase contracts, and a list of assets and prices of items to be purchased, if applicable
  • If real estate has been purchased, both the grant deed and closing statement are required
  • As the enterprise is a limited partnership, evidence that the investor is engaged in either direct management or policy-making activities.
  • Proof of transfer (and deposit) of funds into corporate account in the U.S.
  • Proof that investment capital is at risk, that is, that the funds have been committed to the new enterprise (such as contracts and promissory notes)
  • If funds have been transferred into the investor’s escrow account from various sources, a detailed explanation of the reasons for this and, if possible, documentation to track the funds to the original donor.