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CAP-ACADIE · EB-5 FIELD GUIDE

What records clarify a claimed protection?

Sources checked:

THE DIRECT ANSWER

Obtain the actual governing terms and relevant disclosures, not only a marketing phrase.

Check the particular offering

A general explanation of a product may not describe this investment. Ask appropriate advisers to reconcile the terms and the applicable immigration requirements.

Evidence that the capital remained invested, the enterprise's financial statements and tax filings, payroll and employment records for the qualifying positions, and correspondence with the project confirming the status of the investment. Start from the original event that generated the funds and document the ownership, transfers, account movements and any currency conversions from that point through to the actual investment, preserving the real dates and amounts. The full chain from origin to investment: the shareholders agreement, the redemption resolution and valuation, the promissory note, records of each payment received, tax returns and assessments, and bank statements tracing the money into the investment. Identify who held what interest at each point in time and obtain the records supporting any transfer between family members, rather than presenting the funds as though they originated from a single, simple transaction. Obtain revised agreements, formation records, escrow instructions, bank-beneficiary confirmation, and an entity chart showing why the recipient changed; then update the lawful source-and-path narrative through the account. For a regional-center investment, obtain the economic report, cited model, project expenditures or revenue inputs, construction timeline, and reconciliation to source documents.