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FOR IMMIGRANT INVESTORS · KENTKent

Invest in anew chapter.

Hypothetical example: a Kent motel operator is being bought out of a two-partner hospitality company by his partner and expects a lump sum that he would place in a regional-center EB-5 project located in a targeted employment area. The EB-5 requirements he must satisfy are the qualifying capital amount, a lawful source and traceable path for that capital, an investment genuinely at risk in a new commercial enterprise, the creation of at least ten full-time jobs for qualifying U.S. workers, and his own engagement in the enterprise's management or policy formulation. A buyout is a legitimate source, but the money's history runs through a company with its own books, so the record must explain the company's income, the partnership's terms and the payment itself, not just the final deposit. The initial file should be built as a source-and-path narrative, not a collection of account statements. Start with the business event that generated the money, then identify the documents that explain why it was lawful, how its value was set, every tax consequence, and each transfer into the investment. This sequence exposes missing records while the seller, accountant and bank can still supply them. It also separates a commercially attractive project from the distinct immigration questions of capital at risk, job creation and sustained eligibility.

Talk about EB-5
Standard capitalUS$1,050,000
Qualifying reduced levelUS$800,000
Job creationAt least 10 qualifying full-time jobs

IN THIS GUIDE · Documenting a partner buyout as lawful source of funds for a regional-center EB-5 investment

Start with the EB-5 eligibility and application overview

01

Trace the buyout through the company, not just to the bank

A source-of-funds file for a buyout starts earlier than the payment. Assemble the partnership or shareholder agreement, the years of corporate tax returns and financial statements that show the company's lawful income, the valuation used for the buyout, the buyout agreement itself and the personal tax returns showing how the proceeds were reported. Then show the path: the payment from the partner or the company, the receiving account, any intermediate transfers and the wire into the new commercial enterprise or its escrow. Gaps in the chain are the most common reason for requests for evidence. Confirm the investment amount and project designation from current official materials before subscribing. A promotional label is not enough to settle the required threshold or a project's eligibility. The subscription documents, offering materials and the project's evidence should identify the enterprise, the investor's contribution and the basis for any claimed designation.

02

Confirm the capital amount and the TEA designation

Under the 2022 Reform and Integrity Act the standard investment is US$1,050,000, reduced to US$800,000 for a project in a targeted employment area or a qualifying infrastructure project; both figures are subject to periodic adjustment and should be verified against USCIS's current page before funds move. The regional center, not the investor, documents the TEA designation, but the investor should read it, because a project marketed as TEA that does not qualify leaves the investor short of the standard amount. Read every redemption, repayment and preferred-return term alongside the at-risk requirement. Commercial loss is possible; a contractual right that removes meaningful exposure can create an immigration problem even if the offering calls the arrangement an investment. The limited-partnership agreement and subscription documents, rather than a sales presentation, settle this point.

03

Jobs, management and the at-risk condition in a regional-center project

A regional-center investment may count indirect and induced jobs shown through an accepted economic methodology, which is the main reason a passive investor chooses it over a standalone business. The investor must still be engaged in management or policy formulation; limited-partner rights under a partnership agreement have been accepted as sufficient. The capital must remain at risk, so any guaranteed return of the investment, redemption right or buy-back promise undermines the case. Conditional residence changes the investor's evidence obligations rather than ending them. Keep proof of the capital contribution, the enterprise's use of funds, job-creation reporting and the investor's qualifying involvement in a file that can be refreshed for removal of conditions. Waiting until the final filing window to reconstruct the record invites gaps that were easy to cure earlier.

04

From petition to conditional residence to removal of conditions

Approval of the investor petition is not residence. The investor and his spouse and unmarried children under twenty-one then pursue immigrant visas or adjustment, subject to visa availability, and receive two-year conditional permanent residence. Within the ninety days before the second anniversary, Form I-829 must show the investment was sustained and the jobs were created. Plan the buyout timing and the family's ages around that sequence. Family timing merits its own calendar: petition filing, adjudication, visa availability, a child's age calculation and the later filing window all matter. The family should decide whether a child near the age limit needs a different path before relying on derivative status. That decision belongs before subscription because the investment does not independently preserve a child's eligibility.

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