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BOUCHERVILLE · EB-5 FIELD GUIDE

How should two investors govern a budget funded by two separate contributions?

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THE DIRECT ANSWER

Decide spending authority in writing before the money moves. Set which decisions need both signatures, how the company reports each investor's contribution, and what happens if one investor's capital arrives later. Professional fees for drafting that governance can be quoted in writing, and they are separate from the qualifying investment itself.

Governance documents that also serve as evidence

A shareholders' agreement written for two unrelated investors does double duty: it manages the business and it shows an adjudicator that the contributions were never commingled by accident. Arrangements where an investor is actively in the process of investing may qualify, so a staged contribution is not automatically fatal, but the terms must be genuine and documented. Read any contractual repayment or refund rights carefully.

At filing, the investor pays the immigrant petition fee set in the USCIS fee schedule, which is substantially higher than most employment petitions, and a regional-center project ordinarily charges an administrative fee on top of the investment amount that is not returned. Produce a payment schedule separating qualifying invested capital, project administration, legal or advisory bills, government filing charges, currency costs, and personal reserves. Financial diligence on the project, tax advice on the buy-back and on leaving Canada, and estate advice on the inheritance are separate and belong before the wire, because immigration approval does not protect the capital.