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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Can an appraised asset value be treated as invested capital?

Sources checked:

THE DIRECT ANSWER

Not simply because it has that value. The actual transaction and qualifying investment require review.

Identify what has occurred

Distinguish ownership, planned sale, received proceeds and capital actually committed. Do not describe a future conversion as a completed funding event. Hypothetical example: a precision-navigation software founder planning to use proceeds from a company sale.

At a first review, the first review should separate the anticipated sale from actual available capital and examine how the project will meet its job obligations. The records most likely to settle that point are sale agreement, ownership history, tax records, bank transfers, project documents, and job-creation materials. Sequence the work deliberately: document the source and path before committing capital, then assess the selected enterprise and immigrant process.

A common error is equating a high company valuation with qualifying capital when the proceeds have not been received or traced; that error matters because a conclusion based on incomplete or mismatched facts may not carry to the final arrangement. Write down the decision that remains after the review, the fact that could change it, and the record needed to resolve that fact. This creates a usable file rather than a collection of documents that cannot be connected to the actual plan.