Not merely from the award value. Establish what you own, what has actually been sold or paid and what reaches the qualifying investment.
Separate compensation value from contributed proceeds
An award notice does not establish every later transaction. If a noncash contribution is proposed instead, have its actual eligibility and valuation assessed rather than calling the award cash or assuming every equity interest qualifies.
A worthwhile purpose does not establish capital at risk in the required enterprise or the other criteria. Far enough to establish that the capital was lawfully earned and accumulated. The lender’s willingness to lend does not show that funds were disbursed or invested. The investment threshold is the easiest condition to meet and the least of the work. Identify ten positions, weekly schedules, and each worker’s qualifying status. Ten full-time qualifying U.S. jobs and lawful fund sourcing and tracing are also required. The usual error is treating any ten payroll entries as ten qualifying positions. A vesting schedule and a wire confirmation are not the same evidence. Ask the plan administrator for a statement showing exercised units, withheld shares and the net proceeds actually released to a personal account. Tax withholding at vesting reduces the funds available for investment, so the qualifying amount is the net figure, not the grant value. Coordinate corporate counsel handling the award with immigration counsel assessing source and path, because neither review alone covers both questions. A missing link between vesting and deposit invites unnecessary scrutiny.