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WEST NIPISSING · EB-5 FIELD GUIDE

What records connect a West Nipissing investor’s earlier investment exit to a new EB-5 contribution?

Sources checked:

THE DIRECT ANSWER

Use chronological records for the original source, old agreement, actual distribution, accounts, and new receipt.

Make the money trail auditable

Build the exhibit list backwards from the receipt issued by the new enterprise and stop only at the lawful origin of the original money. A working set usually holds: proof of how the original capital was earned, inherited or borrowed, with the tax filings for those years; the earlier subscription or shareholders' agreement that governed the holding; the notice or resolution declaring the distribution; the payer's remittance advice; statements for every account the money passed through, including any intermediary or brokerage account, with opening and closing balances visible; the currency-conversion record if the money changed denomination; and the wire confirmation plus the receipt from the enterprise or its escrow agent. A distribution notice explains entitlement, while bank records prove payment, so keep both rather than treating one as a substitute.

Reconcile every deduction, whether withholding, custodian charges or adviser fees, so the amount that left matches the amount that arrived. Any document not in English needs a certified translation with the translator's certification of competence and completeness under 8 CFR 103.2(b)(3). Money is only one of the four conditions, so the file also carries the exhibits the other three need: the subscription and operating documents showing that the capital is irrevocably at risk in the qualifying new commercial enterprise with no repayment guarantee; the business plan, economic report or payroll evidence for at least ten full-time jobs for qualifying U.S.

workers; and the board or manager records showing the investor's own management or policy-formulation role. Check the applicable capital amount and the current procedures against official material for the date you actually file. An index helps a reader navigate the file, but it is a finding aid rather than evidence, and every line must point to a genuine underlying record.

A U.S.-licensed immigration lawyer should review the assembled exhibits before anything is filed.