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FOR IMMIGRANT INVESTORS · CORNWALLCornwall

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A Charlottetown investor considering EB-5 should distinguish actual investment capital from fees and money retained for household needs. Qualifying capital at risk, lawful source and path, current applicable investment requirements and qualifying jobs all need assessment. A combined family budget is not an EB-5 eligibility calculation. EB-5 requires an investor to place qualifying capital at risk in a structure that meets the program’s job-creation rules. It leads first to conditional permanent residence when the full immigrant process succeeds, not immediate unconditional status. A careful plan separates the capital threshold, lawful source and path, the enterprise model, anticipated employment evidence, visa availability, and the later removal-of-conditions record.

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 · Separate the capital commitment from the household’s reserves

01

Identify the real allocation of funds

Hypothetical example: an investor intends to commit some assets to a project while keeping reserves for living expenses and a staged move. Record what is actually available, what is invested and what remains outside the proposal. Do not describe reserves or expected asset sales as completed capital. Treat source of funds as a narrative supported by primary documents. Sales, earnings, dividends, gifts, loans, tax payments, and account transfers should connect in date order. A high net worth statement cannot replace the paperwork that shows where the actual invested money came from and how it reached the new commercial enterprise. Resolve gaps before an explanatory letter tries to bridge them.

02

Trace the capital and separate charges

Provide lawful source and transfer records for the actual funds. Confirm the current applicable threshold and capital treatment. Administrative and professional charges should not automatically be counted as invested capital; a total invoice does not establish every amount’s treatment. Review the business and job methodology on its own terms. Direct employment evidence, regional-center economic methodology, project timing, and available offering records may call for different analysis. The capital must remain subject to commercial gain or loss, and the case needs the required qualifying jobs. A project’s marketing materials should be read as context, not as a substitute for the investor’s evidence.

03

Review the project and qualifying jobs

Identify standalone or regional-center structure and assess the appropriate method for qualifying job creation, generally ten jobs. A sponsor’s forecast needs its supporting basis. Household financial readiness does not establish the project’s full immigration or commercial merits. Build the later stage into the first file. Conditional residence normally lasts two years, and the I-829 petition to remove conditions is generally filed in the 90-day period before the second anniversary of obtaining that status. Preserve capital and job records from the investment date. Family ages, relationships, and immigrant-visa timing need their own documentation, rather than being inferred from the investor’s financial record.

04

Assess family timing and risk independently

Review repayment uncertainty, visa availability, admissibility and derivative eligibility. Any CSPA issue requires individual assessment using actual dates; filing does not automatically freeze age. A sufficient living reserve does not guarantee approval or determine when residence begins. The required employment evidence depends on the investment structure. A direct enterprise and a regional-center model may use different ways of showing qualifying jobs, but neither removes the need for a credible, documented connection between capital and job creation. Keep project updates with the investor’s own contribution records so the eventual evidence trail is understandable.

05

Use the current capital, job and residence conditions

As checked September 7, 2026, the standard capital minimum is US$1,050,000, or US$800,000 for a qualifying targeted employment area or infrastructure project. Statutory adjustments begin January 1, 2027; confirm the filing-date amount. At least ten qualifying permanent full-time jobs are required, with the applicable standalone or regional-center method assessed. The investor petition does not itself grant residence: the applicable immigrant-visa or adjustment process follows. Conditional residence then requires removal of conditions, with Form I-829 generally filed in the 90 days before its second anniversary. The ten jobs must be full-time positions for qualifying U.S. workers. The investor must engage in management or policy formulation. A spouse and unmarried children under 21 may derive, receiving two-year conditional permanent residence, with Form I-829 filed in the 90 days before the second anniversary. Immigrant timing should be checked again when the petition stage changes. Visa availability, a person’s current status, travel, family ages, and the location of processing can affect practical options. Do not assume that a successful capital transfer fixes those questions. The household should decide which commitments can remain flexible through conditional residence and the later evidence period.

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