That the capital is at risk in a new commercial enterprise, that it will create at least ten full-time jobs for qualifying U.S. workers, that its source and path are lawful and documented, and that the investor participates in management or policy formulation. The project's own compliance is a separate question that the investor also carries.
Two files, one petition
An EB-5 petition contains the investor's file and the project's file, and either can fail on its own. The investor's file proves identity, the lawful origin of the funds and every step they took to reach the enterprise, plus the investor's role in the enterprise, which in a regional-center structure is usually satisfied through limited-partner or member rights that the documents must actually confer. The project's file proves the new commercial enterprise, the business plan, the job-creation model and, if the reduced amount is claimed, the targeted-employment-area basis.
A founder who has spent a career in trucking may be tempted to skip the project file and rely on the regional center's reputation; that is a mistake, because the petition will be adjudicated on the documents, not the reputation. Confirm the current capital thresholds and filing requirements against USCIS's published instructions on the day of filing, since the 2022 statute set the current figures and they are subject to adjustment.