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NAIRN AND HYMAN · EB-5 FIELD GUIDE

Does a project’s total job surplus settle the investor’s own requirement?

Sources checked:

THE DIRECT ANSWER

No. The investor needs a supportable allocation under the applicable rules, with at least ten qualifying full-time jobs and no double counting.

Ask which assumptions support the allocation

Identify whether the evidence uses direct employment or a permitted regional-center method, and what project events are still expected. A large overall number may conceal a changed investor pool or revised economic assumptions. Keep the project’s forecast distinct from an adjudicated individual requirement and from the investor’s capital, source and participation evidence.

A dividend is a lawful source of funds when the retained earnings behind it are documented with financial statements, tax filings and the resolution declaring it, and the payment can be traced into the investor's account and on to the enterprise. Where a broker's memorandum shows jobs the business will create after your capital arrives, treat those as projections that need a documented basis, a hiring plan, funded budget lines, and a timeline your counsel considers supportable on this file. Counsel and a qualified valuer can assess the proposed contribution and remaining capital need; neither an appraisal nor permission to export alone proves that the enterprise receives the claimed qualifying value.