Skip to content
RURAL MUNICIPALITY OF HEADINGLEY · EB-5 FIELD GUIDE

Can a project use a group-wide job total as the investor’s proof without explanation?

Sources checked:

THE DIRECT ANSWER

Do not assume that. Review the applicable method and how the evidence relates to the actual investment structure.

Identify what the figure counts

A group presentation is not a substitute for the relevant qualifying-job analysis. Ask which entities and activities support the claim and why.

The regional-center offering should state whether the project is in a targeted employment area or is an infrastructure project, which determines whether the reduced amount applies, and should provide the designation evidence. The capital must still be at risk, lawfully sourced and fully committed before or at filing, and the investor must still hold a policy-making or management role, which in a limited-partnership structure is usually satisfied by limited-partner rights. Maintenance covers capital that stays at risk under the rules applying to the actual investment and filing date, together with the records supporting the lawful source and path of the funds. Permitted job-creation methods differ between a standalone investment and a regional center investment, so counsel must assess the actual record rather than the projection.