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What documents are suitable evidence of equipment invested for EB-5?

I am in the process of transferring equipment from my country to my company in the United States. This equipment is part of my EB-5 investment. Originally, I was told to wait to file my petition after the equipment arrives, but I would like to file sooner. What evidence/documents can I provide to show that I have invested this equipment and that it will be shipped to the U.S. a few months after I apply for EB-5?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You will need to document how you lawfully obtained the funds to purchase the equipment, that the equipment belongs to you (invoices, receipts, purchase contracts), the value of the equipment (again, invoices, receipts, purchase contracts, canceled checks, bank transfer receipts, bills of lading) and that you transferred the equipment (invested capital) to the new commercial enterprise. If the equipment was purchased a long time ago, you might need a current appraisal of the value of the equipment. Finally, you should have a document, agreement, paperwork showing the actual transfer in ownership of the equipment from you personally to the new commercial enterprise and the shares (or ownership interest) you received from the company in exchange for your investment.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The assumption is that you are investing into your own direct EB-5 investment project. It is advisable to to have the equipment in the United States at the location of the EB-5 project. Of course you will have to show the appraised value of the equipment and how you came up with the financial resources to originally pay for the equipment.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Generally, documentation of fair market value of equipment, ownership, acquisition by lawful means should be presented. If you are shipping, bills of lading detailing equipment, method of shipment, etc. should be available from the shipping carrier. It is a best practice to have evidence as part of the I-526 filing to avoid a request for evidence which will generally delay the processing time of the case.

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    John J Downey

    Immigration Attorney
    Answered on

    Depending on what you are shipping, I will guess you will need to do it by ship. Then a Bill of Lading from the shipping company as to what vessel, the description and value of the equipment, etc. Make sure you can prove the value of the equipment for USCIS.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Equipment can be used as "capital" based on its fair market value in U.S. dollars, was acquired through lawful means, and you can show you are the lawful owner. Seek assistance with the required information and documentation that proves these essential matters.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is best to have the full investment into your company in whatever form prior to filing the I-526.

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