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WELLAND · EB-5 FIELD GUIDE

Does a projected exit guarantee qualifying investment or repayment?

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THE DIRECT ANSWER

No. Read the actual terms and assess capital risk. A projection is not a guaranteed result, and a reassuring label does not establish EB-5 eligibility.

Identify the precise representation

Distinguish marketing expectations from enforceable provisions without assuming either automatically satisfies the immigration standard. Seek advice on the genuine documents.

Beyond the capital amount, EB-5 requires at least ten full-time jobs for qualifying U.S. workers, lawful source and lawful path of the invested funds, and the investor's engagement in management or policy formulation, which permitted limited-partner rights can satisfy. Cash loan proceeds may qualify without investor-owned collateral or personal-and-primary liability, but the investor must own and control the proceeds, establish their lawful source and path, and place the capital genuinely at risk. How they may be counted depends on the structure: a directly operated enterprise generally relies on actual employees, while a regional-center investment may use permitted indirect methods based on economic modelling. Gifted capital is acceptable provided the gift is genuine and unconditional and the donors' funds are shown to be lawfully obtained, with the same documentary depth expected of the investor's own money.