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MACKENZIE · EB-5 FIELD GUIDE

Must an EB-5 investor personally supervise the project’s daily construction work?

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THE DIRECT ANSWER

Daily operating work is not universally required. The actual management or policy-formulation participation must be assessed, and qualifying limited-partner rights may satisfy it.

Read the genuine governance arrangement

Do not assume that professional project management removes all investor participation obligations. Identify the rights the applicant actually holds rather than relying on a sales description.

Under the 2022 legislation the standard investment amount is one million fifty thousand United States dollars, with eight hundred thousand for a qualifying targeted employment area or infrastructure project, and the statute provides for periodic adjustment. EB-5 requires qualifying capital placed at risk in a new commercial enterprise, the required job creation under the applicable model, and compliance with the immigrant process; an ordinary investment return expectation does not replace those elements. A complete personal funding history does not establish the project's job-creation evidence, and a polished project presentation does not establish that the investor's capital came from a lawful source, so both sides need independent confirmation. The reduced figure exists for particular kinds of projects, and whether a project qualifies is a question of evidence about the area or the infrastructure involved, tested against the statutory criteria rather than accepted from an offering document. Job creation is the purpose of the programme: at least ten full-time positions for qualifying American workers, evidenced directly where the investor controls the business and, in a regional centre case, partly through permitted indirect and induced methodologies.