What records does a direct, non-regional-center EB-5 case need instead of an economic-impact study?

Use the enterprise’s actual employment and operating evidence, including relevant payroll, tax records and a supported business plan. The needed historical records depend on the claims being made; a standalone business cannot substitute a regional-centre indirect-job model for its own qualifying direct employment.

Build the job-creation record from the business's own operations

Identify the payroll record holder and reconcile positions, hours and qualifying-worker status. Request the historical period needed to establish the particular acquisition or preservation claim, rather than inventing a universal two-year document mandate for every purchase. Keep forecasts visibly separate from jobs already created.

For a direct case, assemble formation and acquisition records, bank transfers, source-of-funds evidence, payroll registers, tax filings, Forms I-9, job descriptions, hours, and proof that counted employees are qualifying U.S. workers. Reconcile names and dates across systems, and mark forecasts as forecasts. Use Form I-526 for a standalone investment; Form I-526E is for a regional-center investment. EB-5 also demands ten full-time qualifying jobs and lawful source and path of capital that is at risk, invested or actively being invested. The frequent error is substituting an economic model for direct payroll evidence when no regional center is involved.

Hypothetical example: a Clarence-Rockland artisan-bakery owner invests in a standalone American bread-production facility. The enterprise builds a position ledger linking each counted production or distribution role to payroll, weekly hours, hiring dates, and worker-qualification evidence. Account statements trace the investor’s retained earnings through each transfer into the company. The business plan’s unfilled roles remain in a separate forecast column, preventing future bakers from being described as existing employees. Counsel reviews the acquisition history before deciding whether any preserved position has relevance.