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BEAUHARNOIS · EB-5 FIELD GUIDE

What employment records should a seller be able to explain?

Sources checked:

THE DIRECT ANSWER

Ask for an evidence plan that distinguishes the current business from the proposed investment period. The appropriate records depend on the structure and claim; a summary promising ten jobs is not a substitute for underlying support.

Agree responsibility before relying on future access

Identify who will retain and supply employment and operating records after closing. Have the reviewer specify the necessary evidence and secure handling, rather than uploading employee personal data indiscriminately. Reconcile the business plan with the existing baseline, ownership documents and intended use of capital. For a special job-preservation claim, obtain the separate evidence needed to establish that the exception applies.

With the estate's legal documents, the executor's or notary's distribution record, the bank transfers from the estate to the investor, and evidence of how the deceased lawfully acquired the assets. Build a dated review file around sale agreements, tax and banking records, gift or loan instruments where relevant, transfer trail, subscription papers, and job evidence. Create a consistency matrix covering the offering memorandum, subscription and partnership agreements, loan documents, appraisal, business plan and any marketing presentation. Create a dated funds ledger with a source document beside each movement, then add the investment subscription, escrow, and project records.