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FOR IMMIGRANT INVESTORS · NEW MARYLANDNew Maryland

Invest in anew chapter.

Hypothetical example: a New Maryland couple intend to fund a direct EB-5 investment in a small U.S. precision-machining company with the proceeds of selling their house and farmland one of them inherited. EB-5 requires qualifying capital of $1,050,000, or $800,000 in a targeted employment area or an infrastructure project, under the Reform and Integrity Act of 2022, to be verified against the current USCIS figures; at least ten full-time jobs for qualifying U.S. workers; a lawful source and a documented path for the funds; and an investor engaged in management or policy formulation. Approval leads to two years of conditional permanent residence, with Form I-829 filed in the 90 days before the second anniversary. Derivative eligibility extends to the investor’s spouse and unmarried children who are under 21. Because the couple will create the jobs themselves, this page orders the steps so that the job plan and the money are ready before the petition. A first review should map each contribution from its originating event to the investor's account, through any intermediary account, and into the new commercial enterprise. EB-5 capital must remain exposed to gain or loss, the investment must support the required employment creation, and qualifying residence begins conditionally. Those points make the source trail, job model, and later removal-of-conditions record part of one connected decision rather than separate paperwork exercises.

Talk about EB-5
Standard capitalUS$1,050,000
Qualifying reduced levelUS$800,000
Job creationAt least 10 qualifying full-time jobs

IN THIS GUIDE · Sequence a direct EB-5 investment in a precision-machining company funded by a home sale and inherited farmland

Start with the EB-5 eligibility and application overview

01

Begin with the two sources of funds, separately

Hypothetical example: the house was bought with a mortgage and paid down from salaries; the farmland came through an estate. For the house, assemble the purchase records, mortgage statements, the sale agreement and the closing statement. For the farmland, assemble the will or estate documents, the transfer of title, the sale agreement and the tax filings. Each source needs its own chain from origin to the account that will fund the investment. Do this before any subscription, because it is the slowest part of the file. Separate a sale, inheritance, loan, gift, or business distribution into its own evidence trail. Bank statements are stronger when read alongside the conveyance, tax record, estate record, or loan security that explains the deposit.

02

Then verify the amount and whether the area qualifies

The machining company is in a small town. Whether it lies in a targeted employment area, which would make the $800,000 figure apply, depends on the area's designation under the Act; otherwise the standard $1,050,000 applies. Confirm the designation and the current thresholds on the USCIS site at the time of investment, since the amounts are subject to periodic adjustment. Confirm the applicable investment amount and any targeted-employment-area basis using the facts and documents current for the filing. Do not treat a marketing description of location as a substitute for the required analysis.

03

Build the ten-job plan before investing

In a direct investment, the ten full-time positions must be created within the new commercial enterprise itself and filled by qualifying U.S. workers. Prepare a hiring plan with positions, start dates and wages, tied to the company's expansion, and keep payroll and I-9 records as hires occur. The investor's engagement in management or policy formulation should be written into the operating agreement. Match each projected position to payroll timing, revenue assumptions, and the entity that will actually employ the worker. A model that counts existing jobs without a valid basis can fail even if the business itself is sound.

04

Invest, file, then prepare for the conditional period and the family's dates

Once the funds are traced and the plan is ready, transfer the capital into the enterprise or an escrow that releases into it, and file the immigrant petition. After approval and admission, residence is conditional for two years; Form I-829 must be filed in the ninety days before the second anniversary with evidence that the capital was sustained and the jobs created, so keep the records current from the first day. The spouse and unmarried children under 21 can be derivatives; record each child's date of birth and check it against the filing and visa-availability dates under the Child Status Protection Act, since a child close to 21 may change the filing timing. Maintain the enterprise records from the first transfer onward, including payroll, invoices, tax filings, and capital-account evidence. They may be needed to demonstrate that capital remained deployed and the job plan was carried out.

EB-5 · NEW MARYLAND

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