That the capital meets the current qualifying amount, was lawfully obtained and traceable to the investment, is at risk in a new commercial enterprise that will create at least ten full-time jobs for qualifying U.S. workers, and that the petitioning investor is engaged in management or policy formulation.
Lawful source is proven by the chain, not by the total
The four EB-5 pillars are capital of the qualifying amount, lawful source and path, job creation and investor engagement. Hypothetical example: a retired Boischatel couple sells two rental triplexes to fund the investment; the amount is easy to show, but the adjudicator wants to know how the triplexes were acquired, whether the down payments came from salaries recorded in tax returns, and how the sale proceeds moved to the escrow account. Every transfer needs a bank record and an explanation.
The investment must be in a new commercial enterprise, which includes a regional-center project structured for the purpose, and the enterprise must create at least ten full-time positions for qualifying U.S. workers within the period the program allows. In a direct investment the couple must be involved in day-to-day management or policy; in a regional-center project a limited-partner role with voting rights on policy matters usually suffices.
The capital must remain at risk with no guaranteed return. Canadian citizenship is not required; permanent residents may apply.