EB-5 Evidentiary Documents

In the case of a troubled business, a comprehensive business plan must accompany the other required evidentiary documents. In the case of a new commercial enterprise within a regional center, the direct or indirect job creation may be demonstrated by the types of documents identified above or by reasonable methodologies.

When there are multiple investors in a new commercial enterprise, the total number of full-time positions created for qualifying employees will be allocated only to those immigrant investors who have used the establishment of the new commercial enterprise as the basis for their entry in the EB-5 Program. An allocation does not need to be made among persons not seeking classification in the EB-5 Program, nor does an allocation need to be made among non-natural persons (such as among investing corporations).

In general, multiple EB-5 investors petitioning through different regional centers or on a standalone basis may not claim credit for the same specific new job. Thus, as a general matter, a petitioner or applicant may not seek credit for the same specifically identified job position that has already been allocated in a previously approved case.

Taken directly from USCIS’ EB-5 Adjudications Policy Memorandum posted on February 14, 2013.