The actual entitlement, conditions and source record need review. A bank receipt may not explain the governing allocation.
Use the real agreement
Identify obligations and the amount available to the investor. Do not describe another person’s share as the applicant’s simply because funds passed through one account.
The investment structure, the lawful source and path of the capital, whether the funds are genuinely at risk, and the qualifying job-creation evidence all need to be established, and the reduced capital threshold depends on the project's own qualifying status. A documented arm's-length sale is a helpful anchor for the lawful-source history, but questions about how the land was originally acquired, whether it was jointly owned, and how proceeds were divided still need answers. EB-5 regulations require the investor to demonstrate that the capital was obtained through lawful means, and USCIS reads that requirement as covering both the source and the path. Read the partnership or operating agreement for voting, consultation, information, and policy-formulation rights, then compare those provisions with the role the investor will genuinely perform. The investor must place capital at risk, either invested or actively in the process of being invested, trace its lawful source and path, and support ten full-time jobs for qualifying U.S. workers. Permitted job-creation methods differ between a standalone investment and a regional center investment, so counsel must assess the actual record rather than the projection.