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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Granby: What explains a settlement cheque naming the applicant and another payee?

Sources checked:

THE DIRECT ANSWER

Obtain the underlying settlement and payment instructions to establish each party’s rights. The cheque’s names should be explained rather than silently removed from the account.

Follow the entitlement through the disbursement

Identify the other payee’s role and any release, deduction or authorization governing payment. Preserve records showing the amount actually available to the investor and the later transfer. A deposit record may show receipt without explaining lawful ownership of the entire sum. Review gaps in the source and path evidence before using the payment as the main funding explanation.

The first review should build a dated index linking each source record to the fact it establishes. Hypothetical example: a soundproofing contractor paid through two accounts must decide which document or sequence actually resolves the issue before relying on a desired outcome. A complete record should show the fact, its source, and what remains prospective. EB-5 requires qualifying capital at risk, the applicable investment and job requirements, and conditional residence only after the relevant immigration process. Review the evidence in that order, then decide whether to proceed, obtain a missing record, or change the plan. A generic letter, private payment, future chart, or travel reservation fails when it is used to prove a condition it does not establish.

The review outcome should identify the next document or action and state why an unsupported shortcut would fail. Keep the final presentation tied to the facts actually established, not to a hoped-for conclusion.

Record that decision in writing before relying on it.