Use genuine records and accurately explain the investor’s actual participation and rights.
Do not manufacture an operational history
The agreement and real communications may explain the role without invented attendance or votes. Identify how actual policy decisions are made and preserve authentic records rather than backdating documents to resemble daily involvement.
Preserve authentic notices, ballots, correspondence, reports, and electronic meeting records; never create minutes for an event the investor missed. The governing agreement may establish qualifying policy rights, while a truthful explanation can address how and when those rights were exercised. Documentation must also trace the lawful source and complete path of investment funds, distinguish capital from separate charges, and support at least ten full-time positions for qualifying US workers. Match the petition to the structure: Form I-526E generally applies to a regional-center investment, whereas direct investors file Form I-526. Approval is not unconditional permanent residence; the investor ordinarily receives conditional residence and must seek removal through Form I-829 during the 90-day period immediately preceding its second anniversary.
Hypothetical example: An accounting-firm partner from Saint-David-de-Falardeau receives records showing a policy vote held before she joined an EB-5 venture. She should retain the real dated materials and document later decisions she actually considered. Backdated minutes would damage credibility without proving lawful funds, job creation, or genuine participation. Her subscription agreement and communications can instead show the rights attached to her investment and her truthful involvement.