An operating history may inform commercial review, but it does not guarantee capital recovery or an immigration outcome. The investment must satisfy the at-risk requirements and its actual terms. Do not confuse a seller’s past profitability with a government assurance that the buyer’s money will be returned.
Review value and immigration treatment separately
Assess liabilities, fees, capital use and exit provisions with appropriate advisers. The acquisition cash requirement may differ from the amount supported as qualifying invested capital. A paid purchase price does not resolve the enterprise and job conditions by itself.
Separate qualifying capital from administrative fees, legal fees, project expenses, transaction costs, and personal travel or relocation funds. A first review should determine how each payment is treated under the actual structure instead of assuming the total paid to a seller is all qualifying capital. Capital used for EB-5 must remain at risk under the applicable requirements, while a refund or redemption right may need close analysis. Budgeting should also account for future evidence gathering during conditional residence. Keep executed agreements and receipts; an informal promise of a return does not resolve the capital treatment.
Hypothetical example: a cold-storage investor pays a broker fee, escrow deposit, and equipment purchase price. The file must classify each amount accurately rather than representing all three as the same form of invested capital.