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LANGFORD · EB-5 FIELD GUIDE

Does an exchange quotation establish the EB-5 contribution?

Sources checked:

THE DIRECT ANSWER

It estimates a conversion under particular terms; it is not proof of funds invested in the enterprise.

Use actual transaction evidence

Identify what was converted and transferred. Do not leave an earlier estimated dollar equivalent described as completed capital.

Your capital must be genuinely at risk in the new enterprise, and you must engage through day-to-day management or policy formulation; specified limited partner rights can satisfy that, while a purely passive financial stake does not. Cash loan proceeds may qualify without investor-owned collateral or personal-and-primary liability, but the investor must own and control the proceeds, establish their lawful source and path, and place the capital genuinely at risk. An initial review should answer where the capital originated, how it will be placed into the chosen structure, what evidence supports the employment model, and whether the investor understands conditional residence. How they may be counted depends on the structure: a directly operated enterprise generally relies on actual employees, while a regional-center investment may use permitted indirect methods based on economic modelling. The investment structure, the lawful source and path of the capital, the applicable at-risk requirement, and the qualifying job-creation evidence all need to be independently established, in addition to investing the correct amount for the specific project type. A person may have enough net worth yet lack accessible funds or a documented source; a commercially attractive project may still present unresolved immigration evidence.