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FOR IMMIGRANT INVESTORS · WILMOTWilmot

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EB-5 is an immigrant investor category built around qualifying capital and required U.S. job creation. For an applicant based in the Kitchener-Cambridge-Waterloo area, the first task is understanding the specific investment structure and the records that explain the source of the funds. The current standard minimum is US$1,050,000, reduced to US$800,000 for a qualifying targeted employment area or qualifying infrastructure investment. That reduced figure is not available to every project, and meeting a capital number alone does not establish eligibility.

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 · Review the funding history and the project's job-creation evidence as independent tracks

01

Connect the specific investment to specific jobs

The program generally requires the creation of at least ten permanent full-time positions for qualifying U.S. workers, and the type of evidence required differs between a standalone enterprise and a regional-center arrangement. Ask exactly how the specific project proposes to create the required jobs and what assumptions the job-creation methodology relies on. A project's marketing materials or a regional center's designation are not, by themselves, a guarantee of either immigration approval or financial performance. At least ten qualifying permanent full-time jobs per investor are required. For direct employment, qualifying full-time positions require at least 35 hours per week. Independent contractors, nonimmigrants, and the investor, spouse, sons and daughters do not count as qualifying employees; apply permitted regional-center methods separately.

02

Document the lawful source and full path of the capital

Identify precisely how the investor obtained the funds and every step by which the money reaches the investment. Hypothetical example: an investor's capital comes from the proceeds of a business sale that passed through several personal and corporate accounts before reaching the project. Retain the sale agreement, ownership records, and transfer records, and be prepared to explain any currency conversion or unusual transaction. A final account balance shows the funds are present, not that their full history is lawful and traceable.

03

Evaluate the offering as a genuine financial commitment

Review how the capital will actually be deployed, the contractual terms, applicable fees, and project-specific risks with independent financial and legal advisers. Keep the immigration evidence and the projected financial return as two separate analyses. A promise of a low-risk investment or a guaranteed immigration outcome should never substitute for reading the actual offering and subscription documents, and it is worth asking directly what happens to the immigration case if the project's plans change. The investor must participate through day-to-day management or policy formulation; qualifying limited-partner policy rights can satisfy this without universal daily operation.

04

Plan the immigration sequence and the family's timeline together

The process generally involves the investor petition, an immigrant visa or adjustment-of-status stage where applicable, and a later filing to remove conditions on residence. Visa availability and each applicant's individual circumstances affect how long this sequence takes. Record every family member's age and objectives early, since a payment or a filed petition does not, by itself, freeze a child's age; applicable Child Status Protection Act rules require individual, case-specific calculation. Statutory capital adjustments begin January 1, 2027. Conditional residence begins with immigrant admission or adjustment approval, and Form I-829 is generally filed in the 90 days before its second anniversary. Petition filing alone grants neither residence nor work permission.

05

Read the capital rights before relying on the amount

Gifted or borrowed funds require lawful-source evidence and a good-faith arrangement that is not used to circumvent restrictions on permissible capital sources. Capital exchanged for a contractual right to repayment or a guaranteed rate of return is excluded. A purchase option exercisable solely at the enterprise’s discretion has a narrow statutory exception, subject to the required sustainment and other conditions; it is not an investor’s repayment guarantee.

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