Skip to content
WELLAND · EB-5 FIELD GUIDE

Which records should explain return-related terms?

Sources checked:

THE DIRECT ANSWER

Bring the actual investment and governing agreements, relevant amendments and marketing statements that appear inconsistent. Do not rely only on a summary.

Keep differences visible

If a presentation promises more than the documents provide, flag that fact. Do not rewrite the account to conceal an unresolved condition.

Chiefly professional time and document retrieval: certified translations, archived bank statements, accountants' letters, valuations and additional legal hours spent reconciling records across jurisdictions. Documents covering the whole history of the value, not just its final form: corporate ownership records, auction and property sale documents, loan discharges, tax filings across the years, and an unbroken bank trail into the enterprise. Ask for the private placement memorandum, the subscription and partnership or operating agreements, the loan or equity instrument between the investor's enterprise and the job-creating entity, any security or intercreditor documents, and a sources-and-uses schedule. Start from the event that generated the funds and trace the ownership, payments, accounts, and any conversions through to the eventual investment, keeping actual dates and figures rather than smoothing over inconsistencies. Include the source-of-funds exhibits—the Canadian restaurant's sale documents, savings statements and tax returns—the evidence the capital has been transferred and placed at risk, and, if relying on the reduced threshold, the TEA designation.