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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Does a report showing 300 jobs cover thirty investors?

Sources checked:

THE DIRECT ANSWER

Not automatically. Review the permitted methodology, the support for its inputs and the allocation rules applied to the actual investor group. A simple division does not establish that every counted job qualifies or that none is allocated elsewhere. Ask the economist and counsel to identify the basis for the jobs claimed for your petition.

Follow one input through the calculation

For a construction expenditure, connect the budget line to the model and the evidence of actual or credibly projected spending required at the relevant stage. Identify excluded items, changes and refunds. A designation or project marketing statement is not an investment endorsement and does not replace the applicant’s own eligibility evidence.

The regulation requires evidence that the investor's capital was obtained through lawful means, and USCIS reads that as a request to trace the funds back far enough to be satisfied about their origin. Where a regional center is used, indirect and induced jobs shown by an accepted economic methodology may count, which is the practical reason many investors choose that structure, but the requirement itself does not soften. The investor must be engaged in management or policy formulation, and the rights of a limited partner under a properly drafted partnership agreement are treated as sufficient; a purely passive silent investment is not.