Step 3: The Investment

The Investment:

There is an extensive list of evidence that must be submitted with the Form I-526 to document that an alien investor has invested in or is actively in the process of investing in the required amount of lawfully-obtained capital in a new commercial enterprise in the United States that will create at least ten (10) full-time jobs for U.S. citizens or legal residents of the U.S.  An important requirement of the EB-5 investment is that the investment must be “at risk”.  The following documents must be submitted to show that a new commercial enterprise has been established in the US.

  1. As applicable, articles of incorporation, certificate of merger or consolidation, partnership agreement, certificate of limited partnership, joint venture agreement, business trust agreement, or other similar organizational documents for the new commercial enterprise.  The Regional Center will provide the immigrant investor with the appropriate documents showing proper organization of the regional center and the limited partnership under the laws of the state in which the regional center is located.
  2. A certificate from the state evidencing the authority to do business in the state and that a proper company has been formed to do business in the state.
  3. Evidence that, as of a certain date, the required amount of capital for the project has been transferred to an existing business and that the investment has or will result in the requisite number of employees (10) within two years in the business to which the capital was transferred.  In the case of the Ozark Mountains Regional Center, LLC, the most of the area is in what is known as a “rural area”, and the required amount of capital investment to be able to qualify for the EB-5 Immigrant Investment Program is $500,000 US.  The evidence must be in the form of stock purchase agreements, investment agreements, certified financial reports, payroll records, or other similar instruments, agreements, or documents evidencing the investment in the commercial enterprise.  For this Regional Center, the $500,000 amount of funds will be placed in an escrow account and held until the I-526 application is approved or denied.  Upon approval, the funds are moved out of escrow and applied to the investment in the job-creating entity; if the application is denied, the escrow agreement directs that the funds be returned to the Immigrant Investor.  The business plan for the particular project will be very comprehensive and show the jobs that will be created upon the commencement of operation of the business, and an estimation of the  time for construction of the project.