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FERLAND-ET-BOILLEAU · EB-5 FIELD GUIDE

Can a Ferland-et-Boilleau investor choose I-526E simply because a consultant recommends a regional project style?

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THE DIRECT ANSWER

Use the actual investment structure and applicable filing requirements.

Identify the qualifying arrangement first

A marketing format does not convert a standalone business into a regional-center case. Establish the actual relationship, project and petitioner facts before selecting the form and evidence method.

Choose the petition only after documenting whether the capital goes into a standalone new commercial enterprise or an approved regional-center structure. Direct investors generally file Form I-526; regional-center investors use Form I-526E. The selected arrangement must support at least ten full-time jobs for qualifying US workers using a methodology permitted for that structure. Confirm the standard qualifying capital of US$1,050,000, or the US$800,000 level when a targeted employment area or infrastructure project qualifies under filing-date rules. Trace the lawful source and complete path of every dollar, show that funds are invested at risk, and preserve the investor’s management or policy role. A consultant’s preferred brochure format cannot change these facts. Petition approval alone does not grant residence; after the investor obtains conditional permanent resident status through admission or adjustment, Form I-829 must be filed within the 90-day period immediately preceding the second anniversary of obtaining that status. It is not an immediate unconditional green card.

Hypothetical example: A prefabricated-cabin factory considered by an investor near Ferland-et-Boilleau would be owned and operated directly rather than through a regional center. He evaluates Form I-526, payroll-based job creation, capital tracing, and management rights on those facts instead of selecting I-526E because promotional materials resemble regional projects.