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RURAL MUNICIPALITY OF SPRINGFIELD · EB-5 FIELD GUIDE

Can one project’s reduced investment category be used for another offering?

Sources checked:

THE DIRECT ANSWER

No. Establish the qualifying basis for the actual selected project.

Attach the claim to its evidence

A comparison should identify each offering’s real category and applicable amount. Preference for another project’s terms does not transfer the qualification.

An EB-5 investor must commit qualifying capital at the applicable threshold, document its lawful source and path, create at least ten qualifying full-time U.S. jobs, and participate in management or policy formulation. A standalone I-526 investor in a direct enterprise and an I-526E investor in a regional center project do not prove jobs the same way; the permitted methods differ, and at least ten qualifying full-time positions must be attributable to each investor. In a direct investment, that engagement is real work rather than a formality, and the structure should reflect it: a defined role, authority recorded in the governing documents, and evidence that the person actually exercises it. The applicable requirement can be met through qualifying management or policy-formulation participation, and specified limited-partner rights may satisfy the framework.