What evidence can EB-5 investors provide to show they are actively investing in a project?

Usually, the evidence submitted consists of bank wire transfer documents and bank statements/receipts. Sometimes canceled checks are also provided. The documents must clearly demonstrate the path and flow of the funds from the investor to the new commercial enterprise (NCE). There can be no gaps or breaks in the path of funds. All documents must show names, bank account numbers, dates and amount(s) transferred. If in a foreign language, the document must be completely translated into English and be accompanied by a certificate of translation.

While the regulations talk about that, during the process of investing, that may be acceptable, the fact is they will deny most cases that have not fully committed the capital at the time of filing. Do not risk it.

These days, USCIS will not approve the I-526 when the investment has not been fully made into the job-creating entity (JCE) when the adjudication happens, even if the regulation states that the petition may be approved if the investment is actively in the process of investing. The evidence is the limited partnership, subscription agreement or such documents committing to investing and the bank records and wire transfer receipts, etc. showing you have invested into the account of the JCE. Because the Source of Fund trail must be made dollar for dollar from your account to the JCE, you should work closely with an experienced EB-5 attorney to prepare and file the petition.

Typically, if the investment is made through an EB-5 Regional Center, one only needs to be a limited partner. If it is a direct investment, typically being a corporate officer in the job-creating entity would be sufficient.