Do not assume automatic treatment. Establish the applicant’s lawful rights, source and path, restrictions and the qualifying investment actually made.
Review the settlement before the investment conclusion
Different settlement arrangements can allocate money to different people or purposes. Identify what the applicant can lawfully invest and on what terms. The current general minimum is US$1,050,000 or the qualifying US$800,000 threshold, subject to adjustment beginning January 1, 2027; at least ten qualifying full-time jobs and at-risk capital are also required. A large settlement alone does not satisfy those conditions.
The first review should identify the governing condition and the record that proves it. Hypothetical example: a glass-studio owner selling a kiln collection 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.