Skip to content
FOR IMMIGRANT INVESTORS · STRATFORDStratford

Invest in anew chapter.

Hypothetical example: Solange has agreed to sell the seafood processing and export business she built in Stratford, and intends to use the proceeds for an EB-5 investment. The sale is structured the way sales of that kind usually are: part cash at closing, part held back against warranties, and a substantial vendor take-back note the buyer will repay over five years. A promoter has told her the signed agreement is proof enough of her funds. It is not. EB-5 asks where money came from and how it travelled, and a promise of future instalments has done neither yet.

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 · Funding an investment from a business sale that has not entirely been paid for yet

Start with the EB-5 eligibility and application overview

01

The figure, and the date on which the figure moves

Qualifying capital is US$1,050,000, reduced to US$800,000 where the investment is in a targeted employment area or in an infrastructure project, under the framework enacted in 2022. Those amounts are subject to statutory adjustment beginning on 1 January 2027, so a plan that will not be funded for two seasons should be tested against the possibility of a higher figure rather than the one quoted today. A targeted employment area is a designation with its own evidentiary requirements, not a description a project may apply to itself, and the designation should be verified independently before the lower amount is relied upon.

02

Source is where the money originated; path is every account it passed through

Both must be documented, and the second is where files usually fail. Solange's source is strong: a business she owned and operated lawfully for many years, sold at a valuation somebody prepared. The path is unfinished. Cash received at closing can be traced from the purchaser to her account and onward. Money held in escrow against warranties is not hers until released. Instalments under a vendor note are not funds she holds, and pledging or discounting that note creates a borrowing that has to be traced and secured on its own terms. Capital must be hers and must be placed at risk, so the investment cannot outrun the payments.

03

At least ten jobs, and they must belong to qualifying workers

The investment must create at least ten full-time positions for qualifying U.S. workers, and the number is a floor rather than a target. The investor, a spouse and children do not count toward it, and nor do positions that are seasonal, intermittent or part-time. Where the investment is made directly in a new commercial enterprise, the jobs must be created by that enterprise; through a designated regional centre, methodologies for counting indirect jobs may apply, and the methodology is part of what should be examined before committing. Solange should also expect to be engaged in the enterprise through management or policy formulation rather than as a purely passive holder.

04

Two conditional years, then the petition that removes the condition

An approved investor and qualifying family members receive permanent residence on a conditional basis for two years. Form I-829 is then filed to remove the conditions, generally within the ninety days before the second anniversary of admission or adjustment, and it is supported by evidence that the capital stayed invested, remained at risk and produced the required jobs. Derivatives are a spouse and unmarried children under 21, so a household with a nineteen-year-old should map the birthdays against a visa queue that can be long. Nothing about approval at the first stage guarantees the second, which is why the underlying project matters more than the marketing does.

EB-5 · STRATFORD

YOUR QUESTIONS.
A CLEARER START.

KEEP EXPLORING

A LITTLE MORE CLARITY.