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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Should expected asset-sale proceeds be shown as already available for a Charlottetown applicant?

Sources checked:

THE DIRECT ANSWER

No. Describe whether the sale and transfers have actually occurred.

Use completed facts and labelled contingencies

Provide genuine records and explain the proposed funding sequence. A valuation or anticipated receipt is not a completed investment.

Hypothetical example: a family selling a minority interest in a paper-recycling company to fund an EB-5 subscription. Trace the money from the original acquisition through sale, taxes, account transfers, gifts or loans if any, and the final investment. Maintain contracts, corporate registers, bank statements, valuations where relevant, and evidence explaining each material transfer. A first review frequently detects a gap between a lawful asset story and a documented path into the investment account. Decide whether the missing link can be proved with original records before committing capital. Conditional residence later requires its own evidence; preserve the investment and job records from the beginning.

EB-5 requires qualifying capital placed at risk, the required job creation, and the later conditional-residence framework. Petition approval alone is not permanent residence. The record must separately establish a lawful source and traceable path for the capital, because a promising project description cannot cure missing source evidence.

Use records created closest to the event: signed agreements, payroll or bank evidence, corporate records, licences, civil documents, and dated correspondence. A careful review identifies what each record proves and what it does not prove. Do not solve a factual gap by copying a favourable label from another route. Make the next decision only after the missing fact is either documented, changed, or plainly described as unresolved.