IN THIS GUIDE · Trace real-estate sale proceeds from a Boischatel property to an EB-5 investment without gaps
Start with the EB-5 eligibility and application overview
Start the source-of-funds file with the earliest transaction, not the last
Hypothetical example: a retired Boischatel couple, both former provincial civil servants, plan to fund an EB-5 regional-center investment by selling two rental triplexes they bought in the early 2000s. The file must show how the triplexes were bought, with what down payment from what savings, how the mortgages were paid, the notarial deeds of sale, the proceeds landing in a Canadian account, the currency conversion, and the wire to the escrow. Each link has a document. The adjudicator reads the chain forward; the investor should build it forward too.
Choose between a regional center and a direct investment on the job-creation evidence
A direct investment counts only the enterprise's own full-time employees, and the investor must be genuinely involved in management. A regional-center project may count indirect and induced jobs shown by an economic model, and the investor's role can be limited to policy matters permitted by the structure. Read the offering documents for how jobs are attributed to each investor, what happens if the project creates fewer than projected, and whether capital is redeployed after the job-creation period.
Treat the investment as at risk, because it is
EB-5 capital must be placed at risk for the purpose of generating a return, with no guaranteed repayment. A redemption promise or guaranteed buy-back can defeat the petition. The couple should read the subscription agreement for any language that guarantees return of capital and understand that immigration approval does not protect the money. Independent financial and tax advice belongs here, separate from immigration advice.
Map the two-stage residence and the child's birthday together
Approval of Form I-526 or I-526E leads, when a visa is available, to conditional residence for two years; Form I-829 then requires proof the capital stayed invested and the jobs were created. A child's age is calculated under the Child Status Protection Act, but a child close to 21 needs the timeline reviewed before filing. The Visa Bulletin governs availability and can add waiting time that the household should plan around.
Count qualifying jobs rather than only hours
Each investor must create at least ten full-time positions for qualifying United States workers, and the word full-time carries its own definition of a minimum weekly hours commitment rather than any combination of part-time work. If the offering runs through a regional centre, remember that designation of the centre does not itself establish this project’s eligibility or classification, or guarantee its commercial success. EB-5 requires participation through day-to-day managerial control or policy formulation; it does not universally require every investor to run daily operations, and a marketing label does not establish that the participation requirement is met. Specified limited partner rights can satisfy the engagement requirement — through policy formulation — where a purely passive stake would not.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.