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HAMPSTEAD · EB-5 FIELD GUIDE

What does the law actually require, if not a two-year return?

Sources checked:

THE DIRECT ANSWER

Nothing in these facts sets a universal two-year capital return or a uniform sustainment period. The requirements that do apply are the qualifying amount, capital genuinely at risk, at least ten qualifying full-time jobs per investor, and lawful source and path of funds. Exact criteria beyond that need current counsel review. Ask also which document creates each obligation you rely on, since a requirement of law and a contractual term are enforced by different people.

Testing a marketing claim against the requirement it borrows from

The brochure's number is doing two jobs at once: describing a payout and implying compliance. Ask which requirement it claims to satisfy, then ask for the source of that requirement. If the answer is a sales deck, treat the number as a commercial term only.

Your filing dates, your structure — Form I-526 or Form I-526E — and your facts decide the immigration side, and those are reviewed by counsel, not by the issuer. A practical test costs one message. Request a schedule setting each promise in the brochure beside the clause number that creates it, in the subscription agreement or the operating agreement.

Promises surviving that exercise are commercial terms with real content; promises that do not survive it were never obligations. Capital held at risk in the new commercial enterprise, the required job creation, and lawful source and path of funds remain the immigration questions throughout, and no clause in an offering can satisfy them on an investor's behalf.