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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Can a direct business use a regional-centre job report instead of payroll evidence in a Sault Ste. Marie case?

Sources checked:

THE DIRECT ANSWER

Apply the job-creation rules and evidence permitted for the actual case. Direct and regional-centre structures do not automatically share the same methodology. A report prepared for a different framework cannot simply replace the required evidence for a standalone business.

Check the assumptions behind the report

Identify what jobs it counts, how they are calculated and why that method is permitted for the investment. At least ten qualifying full-time jobs per investor are generally required. The number on the cover page is not enough without the relevant legal and evidentiary foundation.

EB-5 calls for qualifying capital placed at risk in the required enterprise and a credible job-creation showing. The investor must document lawful source and path of funds. Approval is followed by the appropriate immigrant process and, if conditional residence is obtained, the later condition-removal requirements remain material. Build a chronological funds record from original acquisition to the enterprise investment, preserving tax records, sale agreements, employment records, gifts, loans, bank statements, and transfer confirmations as applicable. Then align that record with the project and job evidence. The first review should flag unexplained deposits, missing account pages, inconsistent currencies, or transfers through third parties. A polished source chart cannot cure a gap if the underlying records do not show how the investor obtained and moved the capital. Hypothetical example: A commercial orchard owner sells a parcel, receives staged proceeds, and sends the funds to an EB-5 enterprise through two accounts. He retains the sale contract, closing statement, tax material, full statements, and wires so the path remains independently traceable.