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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Can a household budget establish the EB-5 capital requirement for a Charlottetown applicant?

Sources checked:

THE DIRECT ANSWER

Not by itself. Identify the actual qualifying capital and applicable threshold rather than the household’s total resources.

Separate the financial categories

Distinguish invested funds, fees, reserves and contingencies. Money kept outside the investment is not automatically qualifying capital.

Hypothetical example: an investor considering a rural cold-storage enterprise through a regional-center offering. Identify the required capital amount under the applicable category, the new commercial enterprise, the job-creation methodology, and whether the planned investment will actually be exposed to gain or loss. The first review should distinguish project marketing from the investor’s own eligibility evidence. It should produce a source-of-funds map, a path-of-funds chronology, and a list of documents needed to connect the investment to the required employment outcome. Do not assume a project’s past approvals settle the present investor’s facts or the availability of an immigrant visa.

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.