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SHEDIAC · EB-5 FIELD GUIDE

Does a regional-centre presentation guarantee my EB-5 petition will succeed?

Sources checked:

THE DIRECT ANSWER

No. Organizational and project information does not eliminate the investor’s own eligibility and evidence requirements.

Identify the claim being made

Ask whether a statement concerns the provider, the particular project or the individual case. Do not extend one favorable fact into a guarantee of all remaining decisions.

Typical candidates: the amount required, why the reduced figure applies, how many jobs the model produces per investor, when capital is deployed, and what happens if the project underperforms. Keep a dated assumption file that identifies the statute or official guidance consulted, intended filing date, applicable capital tier, and whether the project is direct, regional-center, infrastructure, or in a targeted employment area. Do not assume account access alone establishes unrestricted ownership or that meeting a dollar figure resolves project and source requirements. Management structure and investor control can affect the commercial analysis, but limited day-to-day duties do not guarantee repayment or reduce the statutory capital requirement. On jobs, each investor must support at least ten qualifying full-time positions; you, your spouse and your children are not counted, and permitted counting methods differ between direct and regional center cases. Engagement in management or policy formulation is satisfied by a genuine role, and in regional-centre investments it is customarily met through the rights attaching to a limited partnership interest rather than through daily work.