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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Which records explain the job allocation for a Saguenay investor’s interest?

Sources checked:

THE DIRECT ANSWER

Review the operative project and investment documents and the relevant job analysis and supporting evidence. Identify how the allocation applies to the investor’s actual interest and any amendments. A general marketing summary may omit terms that affect the case.

Keep versions and assumptions traceable

Record which report is current and why it changed. Distinguish estimates from evidence of actual progress and ask how the relevant stage affects the submission. Do not combine favourable figures from incompatible versions.

A first review should index the source-of-funds records, transfer trail, enterprise documents, job evidence, and every version of a report. The version date and allocation terms often settle an apparent discrepancy. Capital must be at risk, ten qualifying full-time jobs must be supported, and the resulting residence is conditional until the I-829 stage. Hypothetical example: A commercial laundry redevelopment offers a new economist report but the subscription agreement still references an older model. The investor should obtain an explanation of which assumptions apply to the investment. Combining the most favourable numbers from two versions can obscure rather than answer the job question.

Keep the original report and its replacement together, with a dated explanation of the revision and its impact on the individual allocation.

Create a version-controlled allocation file containing the subscription agreement, partnership or operating agreement, offering memorandum, amendments, investor ledger, current economic report, expenditure evidence and project progress records. Annotate which assumptions support this investor’s ten required full-time jobs for qualifying U.S. workers and whether the project is regional-center or direct. The first structure ordinarily uses Form I-526E; the second uses Form I-526. Also retain lawful source-and-path records for the applicable capital: US$1,050,000 at the standard level, versus US$800,000 when targeted-employment-area or infrastructure eligibility exists. Conditional residence later carries a two-year period and Form I-829 stage. Mixing numbers from superseded reports is the central documentation error.

Hypothetical example: A Saguenay sawmill owner invests in a cold-storage development whose job report is revised after construction pricing changes. He preserves both reports, dates the sponsor’s explanation and matches his admission documents to the operative allocation provision. Bank and sale records trace his capital independently. A marketing slide showing the higher earlier total is not combined with the lower revised cost assumptions to create a favourable hybrid.