How Officers Evaluate Immigrant Investor Projects
EB-5 is judged almost entirely on job creation credibility.
EB-5 CAPITAL & SOURCE (Hard Stops)
- Minimum Investment Met
- Correct threshold based on TEA status
- Capital fully invested or at risk
High risk: Partial or conditional investment.
- Lawful Source of Funds
- Multi-year documentation trail
- Taxes, earnings, transfers documented
High risk: Incomplete source narratives.
EB-5 JOB CREATION (Primary Approval Test)
- Job Creation Methodology
- Direct, indirect, or induced jobs defined
- Method aligns with project structure
High risk: Job count assumptions without model.
- Job Count Sufficiency
- At least 10 qualifying jobs per investor
- Conservative assumptions used
High risk: Bare-minimum or optimistic math.
- Economic Modeling Support
- Accepted methodology used
- Inputs match project scope
High risk: Unsupported or mismatched models.
EB-5 PROJECT VIABILITY
- Real, Deployable Project
- Capital use is clear
- Construction/operations timeline realistic
High risk: Capital parked without execution.
- Business Plan Compliance
- Follows EB-5 precedent standards
- Detailed budgets, timelines, staffing
High risk: Short or generic plans.
EB-5 RISK DISCLOSURE
- Risk Transparency
- Risks are disclosed
- No guaranteed returns language
High risk: Promissory or “safe investment” claims.
EB-5 Risk Summary
EB-5 RFEs and denials usually involve:
- Job creation credibility
- Source of funds gaps
- Weak economic assumptions
HOW TO USE THESE CHECKLISTS
These are best used:
- Before engaging legal counsel
- Before filing
- Before investing capital
They identify structural risk, not paperwork errors.
Important Disclosure
These checklists:
- Are not legal advice
- Do not replace immigration counsel
- Do not guarantee approval
They reflect how adjudicators evaluate business credibility and economic intent.
