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FOR IMMIGRANT INVESTORS · LÉVISLévis

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EB-5 grants conditional permanent residence to an investor who places qualifying capital into a new commercial enterprise that creates at least ten full-time jobs for qualifying U.S. workers, and who takes part in managing it or in shaping its policy. Under the 2022 Reform and Integrity Act the standard amount is US$1,050,000, reduced to US$800,000 for a project in a targeted employment area or a qualifying infrastructure project; both figures should be re-verified at filing. The capital must come from a lawful source, and every step of its path from that source to the enterprise has to be documented. After approval and admission the investor and family hold conditional residence for two years and file Form I-829 in the 90 days before the second anniversary to remove the conditions by showing the investment was sustained and the jobs were created. The spouse and unmarried children under 21 come as derivatives. For a Lévis family the hardest part is usually not the money but the paperwork behind it.

Talk about EB-5
Standard capitalUS$1,050,000
Qualifying reduced levelUS$800,000
Job creationAt least 10 qualifying full-time jobs

IN THIS GUIDE · Sequence a Lévis family's EB-5 so the source-of-funds file is finished before the subscription is signed

Start with the EB-5 eligibility and application overview

01

Start with the source of funds, because it takes longest

Hypothetical example: a Lévis couple who held shares in a family trucking and logistics company sold their stake to a sibling over three years, receiving payments through a holding company that also paid dividends. Every one of those events needs a document: the share sale agreement, the valuation, the holding company's financial statements, the dividend resolutions, the tax filings and the bank transfers. Begin assembling that file before selecting a project, since the project can be chosen in weeks and the file can take months.

02

Understand what job creation the project is actually promising

A regional-center project counts direct, indirect and induced jobs through an economic model; a standalone enterprise counts direct employees on its own payroll. Ask which method the project uses, how many jobs it allocates to each investor, and how many investors it plans to admit. A project that allocates its jobs too thinly leaves the last investors without the ten they need. This is an evidentiary question as much as a financial one, and it belongs in the diligence before subscription.

03

Read the offering as an investor, then as an applicant

The offering documents describe the return, the term, the fees and the risks. Read them first as someone who may lose the money, with independent financial advice, because the capital must genuinely be at risk and can be lost. Then read them as an applicant: how does the project document its spending, when will the jobs be counted, and what evidence will be available at the removal-of-conditions stage. A project that cannot answer the second set of questions creates immigration risk even if it is a sound investment.

04

Line up the immigration stages and the children's birthdays

The sequence is the investor petition, then an immigrant visa through the consulate or adjustment of status where available, then two years of conditional residence, then the petition to remove conditions. Visa availability for the investor's country of chargeability affects the timeline. A child close to 21 needs the Child Status Protection Act calculation done properly, because filing a petition does not simply freeze a child's age, and a child who ages out has to be planned for separately.

SOURCES FOR THIS GUIDE

Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.

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