The investment may be utilized as deemed fit by the developer. Ideally, the only guideline about capital investment and utilization in a project is that it should create the required amount of jobs for American workers, i.e 10 jobs per investor. However, purchasing land or equipment in of itself, is not enough for showing creation of jobs.
As long as the project developer deployed the capital into the project itself, created and maintained the required amount of full-time positions needed for the program – then even land and equipment is counted for in the overall job creation econometrics. The capital may be used for any purpose within the project including rent, salaries, construction, licenses, permits, materials, equipment and vendors.
For EB-5 investors to change their status from Conditional Permanent Residency to a Permanent Residency when filing the I-829, petitioners must provide the information regarding investment of the minimum amount of capital, it’s deployment into the project and it’s usage to create the jobs.