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DELTA · EB-5 FIELD GUIDE

Do sale proceeds satisfy the EB-5 investment and source-of-funds tests?

Sources checked:

THE DIRECT ANSWER

The investor should document lawful ownership of the business interest, the genuine sale, entitlement to the proceeds and their movement into the enterprise. Related-party arrangements need careful explanation; they are not automatically excluded merely by the relationship. The applicable capital amount, at-risk requirement and at least ten qualifying full-time jobs must still be established independently of the sale.

Start with the ownership chain

Show how the seller acquired the business — founding capital, an earlier purchase, inheritance, or shares issued for services — and what tax was paid along the way. That history carries as much weight as the sale itself. Then match the transaction documents to the bank record so the reviewer can follow one continuous line.

If part of the price is deferred or held in escrow, treat only the released cash as available, and identify which additional evidence a later tranche would require. Add one further element to that chain, because it is assessed independently of everything above it. The capital has to be placed at risk in a commercial enterprise and stay there, and it must be linked to the creation of at least ten qualifying full-time jobs, counted by a method the structure permits.

A flawless account of how proceeds were earned answers the source question and none of the others, and files are regularly built as though the funding history were the whole exercise because it is the part that takes longest. Run both workstreams from the first week. Hypothetical example: a seller of a freight forwarding business documents twenty years of ownership history to a high standard over five months, then begins examining how the chosen project counts its jobs, which is the wrong order and an avoidable one.