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FOR IMMIGRANT INVESTORS · OAK BAYOak Bay

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An Oak Bay applicant may consider a limited-partnership investment and wonder whether personally running daily operations is always necessary. EB-5 requires participation in management or policy formulation under the applicable rules. The actual rights should be reviewed rather than assuming every limited partner is either automatically eligible or wholly passive. A first review should build a transaction ledger from the origin of each dollar through the investment vehicle, with the governing agreement beside it. It should also identify the job-creation methodology, timing assumptions, and the applicant's actual management or policy rights. The core decision is whether the documents support an immigrant investment case as filed, rather than whether the project marketing material uses the word 'participation' or forecasts a large economic benefit. Hypothetical example: a harpsichord maker sells a Canadian workshop and considers buying a minority interest in a U.S. instrument factory. The subscription papers forecast a sale in six years but separately require the enterprise to repurchase the interest at a fixed price. Before committing, the maker must decide whether that term leaves capital exposed to a genuine possibility of loss or can be inconsistent with the at-risk requirement. The executed subscription agreement, operating agreement, escrow terms, and correspondence settling any side agreement—not a projected exit graph—answer the issue. This review also reveals whether the proceeds have a lawful, fully documented path from sale to investment.

Talk about EB-5
Standard capitalUS$1,050,000
Qualifying reduced levelUS$800,000
Job creationAt least 10 qualifying full-time jobs

Start with the EB-5 eligibility and application overview

01

Read the participation provisions

Identify the applicant’s genuine management or policy-formulation rights, including qualifying limited-partner rights where applicable. The label alone is not a substitute for the agreement and the requirements. Avoid inventing a universal obligation to handle the enterprise’s day-to-day work. The ten positions must be full-time jobs for qualifying U.S. workers. Read the partnership agreement, subscription papers, and policy-right provisions together. The review should identify the precise right the investor receives and whether it is a genuine qualifying management or policy-formulation role under the rules. It should also distinguish that immigration question from a promoter's description of ordinary investor communications. If a material right exists only in a presentation but not in the executed documents, the executed documents control the analysis. The first review should produce a rights table: each claimed authority, the clause that grants it, the vote or procedure required to exercise it, and any amendment that changes it. That table makes a practical filing decision visible. If the claimed policy role depends on a future amendment or an informal assurance from the manager, obtain and assess the effective document before relying on the role. Preserve signed versions and dates, because an investor update sent after execution does not establish the rights held when the investment was made.

02

Complete the investment and residence analysis

Generally the capital level is US$1.05 million, or US$800,000 for qualifying TEA or infrastructure cases, with statutory adjustments beginning January 1, 2027. Lawful source/path, at-risk capital and ten qualifying full-time jobs per investor remain necessary. Petition approval does not confer residence or work permission. I-829 is generally due in the 90 days before the second conditional-residence anniversary; filing does not automatically remove conditions or guarantee repayment. Successful investors and derivatives receive two-year conditional permanent residence and must use Form I-829 to seek removal of conditions. EB-5 capital must remain at risk, and the investment must support the required job creation: generally ten qualifying full-time positions for each investor. The route leads first to conditional permanent residence when the relevant petition and admission or adjustment steps succeed; conditions are not removed simply because money was transferred. Before committing, compare the source-and-path evidence, job timing, subscription terms, expected filing sequence, and the consequences if the project does not perform as forecast. A repayment expectation that is guaranteed in advance can create a separate problem from the amount invested. Test the job assertion against the record that will measure it. For a direct investment, identify the employer, duties, scheduled hours, payroll classification, and start date for each proposed position; a headcount slide can conceal part-time, seasonal, or contractor work. Where the structure relies on an economic methodology, compare the report's inputs with executed budgets and contracts, then retain later records that show whether those inputs occurred. This sequence prevents a reader from treating construction spending, a forecast, and qualifying employment as interchangeable. It also identifies early whether the investment structure can support the requested number of investors.

SOURCES FOR THIS GUIDE

Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.

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