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WEST LINCOLN · EB-5 FIELD GUIDE

Must every EB-5 investor run daily operations?

Sources checked:

THE DIRECT ANSWER

No universal daily-management requirement applies. Participation through management or policy formulation may be established through qualifying rights, including qualifying limited-partner rights.

Read the actual arrangement

A broad active or passive label should not replace the agreement’s terms.

Genuine job sharing is distinct, and direct versus regional-center evidence differs; the report’s label alone does not settle the investor’s showing. Typical candidates: the amount required, why the reduced figure applies, how many jobs the model produces per investor, when capital is deployed, and what happens if the project underperforms. Current USCIS policy treats lawfully obtained loan proceeds contributed as cash, so they need not satisfy the personal-liability and personal-collateral test that applies when indebtedness itself is contributed. On jobs, each investor must support at least ten qualifying full-time positions; you, your spouse and your children are not counted, and permitted counting methods differ between direct and regional center cases. The investor must independently establish the required capital, lawful source and path, qualifying investment structure, job creation and applicable process requirements. Ask how the remaining funding affects the proposed activity and qualifying-job evidence, and whether the investor’s petition would accurately describe the project’s current position.