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VAL-DES-MONTS · EB-5 FIELD GUIDE

Can vested employee shares fund a Val-des-Monts developer’s EB-5 investment?

Sources checked:

THE DIRECT ANSWER

Yes. Equity compensation is a lawful source of capital, but the petition must trace each grant, vesting, tax event and sale into the investment, and the investment must meet the current minimum, create ten jobs and involve her in management or policy.

A lawful source still has to be traced

The immigrant investor category requires an investment of the qualifying amount in a new commercial enterprise that creates at least ten full-time jobs for qualifying U.S. workers, made with capital the investor obtained lawfully, with the investor engaged in management or policy formulation. Under the 2022 Reform and Integrity Act the minimum is US$1,050,000, or US$800,000 in a targeted employment area or infrastructure project, subject to future adjustment, and current figures should be verified with USCIS before committing.

Shares earned as compensation are lawful capital. What the regulation and policy demand is proof of the source and path: an examiner must be able to see where the value originated, which is the employment, and how it became the cash placed in escrow. The developer’s case is strong on lawfulness and detailed on documentation, since equity plans generate statements at every step.

Her husband’s farm income is irrelevant unless part of the capital comes from it, in which case that portion needs its own trail.