IN THIS GUIDE · Explain corporate-source funds and the individual investment case
Start with the EB-5 eligibility and application overview
Document the actual source and transfer
Hypothetical example: an applicant proposes capital associated with a company distribution or business sale. Identify the genuine transaction and relevant records rather than assuming the company account alone proves lawful individual funds. Any corporate or personal legal consequences need their own appropriate assessment.
Establish qualifying capital and actual project conditions
Confirm the threshold and qualifying reduced-category basis applicable at the filing date. Capital must be at risk, and separate charges should not automatically count as investment. A successful Canadian business does not establish that the U.S. project meets the relevant capital or category requirements.
Use the relevant U.S. job evidence
EB-5 generally requires at least ten qualifying permanent full-time jobs under the applicable standalone or regional-center method. Do not count the Canadian operation’s existing workforce as if it automatically met the U.S. proposal’s requirement. Identify the actual investment structure and supporting methodology.
Keep residence separate from business transfers
A petition does not grant residence. Applicable immigrant admission or adjustment approval establishes conditional residence, with later removal-of-conditions requirements. Visa availability, admissibility and family eligibility remain individual questions. Transferring company funds does not guarantee repayment or an immigration decision.
Use the current capital, job and residence conditions
The current standard capital minimum is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure investment. Statutory adjustments begin January 1, 2027; use the petition filing date. At least ten qualifying full-time jobs per investor are required under the applicable standalone or regional-center method. Assess management or policy participation, including qualifying limited-partner rights. Conditional residence starts at immigrant-visa admission or adjustment approval; I-829 is generally filed in the 90 days before its second anniversary. Filing does not itself remove conditions or guarantee repayment.
Decide between a regional-center project and a direct investment
Where the investment is not made through a designated regional centre, the ten positions must be actual full-time employees of the new commercial enterprise who are qualifying United States workers. Review how the capital will actually be deployed, the contractual terms, fees, and project risks with independent professional advice. Direct jobs generally mean at least 35 hours weekly and exclude contractors, nonimmigrants, the investor, spouse and sons or daughters. A targeted employment area is a rural area or one of high unemployment, determined by criteria set out in the statute and applied to the location of the new commercial enterprise or, in the relevant circumstances, of the job-creating activity. Ask specifically how the required jobs are expected to be created and which assumptions the projection relies on, since a project's marketing materials are not themselves proof of either immigration approval or financial performance. The project materials should distinguish direct payroll jobs from jobs claimed through an approved indirect methodology. An option exercisable solely at the new commercial enterprise’s discretion has a narrow exception: exercising it requires petition withdrawal unless the applicable sustainment period and other requirements have been fulfilled. The investor should decide whether the documents describe the selected project, not a similar project used in marketing.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.