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NORTH HATLEY · EB-5 FIELD GUIDE

As a North Hatley applicant, is a large project employment total enough for my own EB-5 case?

Sources checked:

THE DIRECT ANSWER

The case needs the investor’s qualifying job allocation, not just an aggregate headline.

Check the denominator as well as the total

Identify the relevant investors, permitted methodology and allocation evidence. A model that repeatedly assigns the same jobs without a supportable basis should not be presented as proof that every investor satisfies the requirement.

Examine individual allocation, not a project headline. Identify investors, attributed capital, the job method, and safeguards against duplicate credit. The standard EB-5 capital threshold is US$1,050,000; an eligible targeted employment-area or infrastructure investment uses US$800,000. Each investor must support ten full-time positions for qualifying American workers. Capital needs a lawful source and traceable path; the investor also participates in management or policy formulation. Regional-center participants use Form I-526E, whereas standalone direct investors file Form I-526. Residence is conditional for two years, and Form I-829 must be filed within the 90-day period immediately preceding the second anniversary. Derivative eligibility may extend to the investor’s spouse and unmarried children younger than 21.

Hypothetical example: a North Hatley retired dentist reviews a regional-center distribution project forecasting 240 jobs for twenty-five investors. She should ask how many investors the model ultimately serves, which jobs are allocated to her filing, and how later subscriptions affect the cushion. Her asset-sale and bank records must trace capital into the enterprise. A total exceeding ten times her own requirement sounds encouraging, but if identical positions are promised across a larger pool, the headline cannot establish her job allocation.