Before relying on existing staffing as the basis of an EB-5 commitment or submission. Identify the applicable requirements and evidence at the actual stage rather than assuming a later review will validate the seller’s headcount. A commercial closing deadline cannot establish missing qualifying facts.
Connect due diligence with the filing plan
Obtain the relevant records and a clear explanation of the proposed job basis. Preserve unresolved conditions honestly and assess material changes when they arise. Neither closing the acquisition nor filing the investor petition automatically grants residence or starts the I-829 clock.
Create a timeline from source documentation through investment, petition, visa availability or adjustment, conditional residence, and the later conditions filing. A first review should identify which job evidence will be produced after filing and who is responsible for retaining it. EB-5 grants conditional residence only after the applicable immigrant process; petition approval is not residence or work authorization. The conditions petition is generally due in the 90-day period that ends just before conditional residence reaches its second anniversary. Do not equate the business closing date with the beginning of that residence period.
Hypothetical example: a geothermal-services investor closes in March but is admitted as a resident much later. The later admission date, not the closing date, governs the calendar for the conditional-residence stage.