Case Study
Gustave is a French entrepreneur who has built and sold two businesses in the hospitality and retail sectors.
He now wants to relocate to the United States with his family and secure permanent residency through an investment-based immigration strategy.
He is prepared to invest between $800,000 and $1,200,000.
He has capital.
He has experience.
But like many EB-5 candidates, he does not yet have a structure that aligns with how U.S. immigration authorities evaluate investor green card applications.
He now wants to relocate to the United States with his family and secure permanent residency through an investment-based immigration strategy.
He is prepared to invest between $800,000 and $1,200,000.
He has capital.
He has experience.
But like many EB-5 candidates, he does not yet have a structure that aligns with how U.S. immigration authorities evaluate investor green card applications.
The Challenge
If Gustave were to proceed without structuring, several issues would likely arise:
- His investment is conceptually strong, but not yet tied to a clearly defined EB-5-compliant project structure
- His source of funds is legitimate, but spread across multiple transactions (company sale proceeds, dividends, retained earnings), making traceability complex
- No clear decision has been made between a direct EB-5 project and a regional center investment, each with very different implications
- The business plan does not yet clearly demonstrate how the 10 required full-time jobs will be created and sustained
- The capital is available, but not yet deployed in a way that meets the “at risk” requirement
- No structured documentation exists showing the full path of funds from origin to U.S. investment
The issue is not eligibility.
The issue is that, in its current form, the case would likely be considered incomplete, unclear, or insufficiently structured.
- His investment is conceptually strong, but not yet tied to a clearly defined EB-5-compliant project structure
- His source of funds is legitimate, but spread across multiple transactions (company sale proceeds, dividends, retained earnings), making traceability complex
- No clear decision has been made between a direct EB-5 project and a regional center investment, each with very different implications
- The business plan does not yet clearly demonstrate how the 10 required full-time jobs will be created and sustained
- The capital is available, but not yet deployed in a way that meets the “at risk” requirement
- No structured documentation exists showing the full path of funds from origin to U.S. investment
The issue is not eligibility.
The issue is that, in its current form, the case would likely be considered incomplete, unclear, or insufficiently structured.
The Strategy
01
Selecting the Appropriate EB-5 Framework
We would begin by determining whether Gustave should pursue a direct EB-5 investment or a regional center project, based on his objectives.
We would structure the analysis around:
- Level of control desired over the business
- Willingness to actively manage operations
- Risk tolerance and timeline for job creation
- Family relocation and operational involvement
This includes:
- Comparing direct investment and regional center structures from both an immigration and business perspective
- Evaluating existing qualifying projects (if a regional center investment is considered)
- Aligning the strategy with Gustave's long-term U.S. presence and business goals
We would structure the analysis around:
- Level of control desired over the business
- Willingness to actively manage operations
- Risk tolerance and timeline for job creation
- Family relocation and operational involvement
This includes:
- Comparing direct investment and regional center structures from both an immigration and business perspective
- Evaluating existing qualifying projects (if a regional center investment is considered)
- Aligning the strategy with Gustave's long-term U.S. presence and business goals
02
Structuring the Investment and Business Framework
If Gustave pursues a direct investment, we would structure a qualifying U.S. business aligned with EB-5 requirements.
We would reorganize the project into a format that clearly demonstrates:
- A real and operational commercial enterprise
- A credible and scalable business model
- A structure capable of creating at least 10 full-time U.S. jobs
This includes:
- Forming the appropriate U.S. entity and ownership structure
- Designing operational roles and staffing projections
- Aligning the corporate structure with immigration requirements
We would reorganize the project into a format that clearly demonstrates:
- A real and operational commercial enterprise
- A credible and scalable business model
- A structure capable of creating at least 10 full-time U.S. jobs
This includes:
- Forming the appropriate U.S. entity and ownership structure
- Designing operational roles and staffing projections
- Aligning the corporate structure with immigration requirements
03
Reconstructing Source and Path of Funds
One of the most critical components of an EB-5 case is demonstrating that funds are lawful and traceable.
We would reorganize Gustave's financial situation into a clear, documented chain showing:
- The origin of funds (business sale, dividends, retained earnings)
- The movement of funds across accounts and jurisdictions
- The legitimacy and tax compliance of all underlying transactions
This includes:
- Consolidating multiple financial sources into a coherent narrative
- Preparing supporting documentation (bank statements, sale agreements, tax filings, corporate records)
- Structuring a clean and traceable transfer of funds into the U.S. investment
We would reorganize Gustave's financial situation into a clear, documented chain showing:
- The origin of funds (business sale, dividends, retained earnings)
- The movement of funds across accounts and jurisdictions
- The legitimacy and tax compliance of all underlying transactions
This includes:
- Consolidating multiple financial sources into a coherent narrative
- Preparing supporting documentation (bank statements, sale agreements, tax filings, corporate records)
- Structuring a clean and traceable transfer of funds into the U.S. investment
04
Designing a Compliant Job Creation Model
We would restructure the business plan to clearly demonstrate job creation in a way that meets USCIS expectations.
We would ensure:
- A realistic hiring timeline aligned with business growth
- Clear identification of qualifying full-time positions
- Financial projections supporting payroll sustainability
This includes:
- Translating the business concept into a job-creation-driven structure
- Aligning staffing projections with revenue assumptions
- Ensuring compliance with EB-5 definitions of employment
We would ensure:
- A realistic hiring timeline aligned with business growth
- Clear identification of qualifying full-time positions
- Financial projections supporting payroll sustainability
This includes:
- Translating the business concept into a job-creation-driven structure
- Aligning staffing projections with revenue assumptions
- Ensuring compliance with EB-5 definitions of employment
05
Aligning the “At Risk” Investment Requirement
The EB-5 program requires that capital be genuinely committed and exposed to business risk.
We would structure the investment so that it clearly demonstrates:
- Irrevocable commitment of funds
- Integration into the business operations
- Exposure to gain or loss
This includes:
- Reviewing investment agreements and capital deployment
- Ensuring no impermissible guarantees or protections
- Aligning the structure with USCIS’s interpretation of the “at-risk” requirement
We would structure the investment so that it clearly demonstrates:
- Irrevocable commitment of funds
- Integration into the business operations
- Exposure to gain or loss
This includes:
- Reviewing investment agreements and capital deployment
- Ensuring no impermissible guarantees or protections
- Aligning the structure with USCIS’s interpretation of the “at-risk” requirement
06
Structuring the EB-5 Petition
We would assemble a complete and structured EB-5 petition that presents a coherent investment narrative from start to finish.
This includes:
- Business documentation and corporate records
- Source and path of funds documentation
- Business plan and job-creation analysis
- A legal brief aligning the case with EB-5 requirements
The objective is not just to document the investment.
It is to present a case that is clear, credible, and aligned with how adjudicators evaluate EB-5 petitions.
This includes:
- Business documentation and corporate records
- Source and path of funds documentation
- Business plan and job-creation analysis
- A legal brief aligning the case with EB-5 requirements
The objective is not just to document the investment.
It is to present a case that is clear, credible, and aligned with how adjudicators evaluate EB-5 petitions.
