Evidence of The Investment in a New Commercial Enterprise

To show that the immigrant investor has invested in a new commercial enterprise, the immigrant investor must present the following evidence, in addition to any other evidence USCIS deems appropriate:

1. as applicable, articles of incorporation, certificate of merger or consolidation, partnership agreement, certificate of limited partnership, joint venture agreement, business trust agreement, or other similar organizational document for the new commercial enterprise; or,
2. Evidence that, as of a date certain after November 29, 1990, the required amount of capital for the area in which an enterprise is located has been transferred to an existing business, and that the investment has resulted in a substantial increase in the net worth or number of employees of the business to which the capital was transferred.

Taken from USCIS Policy Memorandum regarding EB-5 Adjudications Policy on November 9, 2011.