Start with the EB-5 eligibility and application overview
Engagement is a requirement, not a formality
An investor must be engaged in the management of the enterprise through day-to-day managerial control or policy formulation. In a direct investment that means genuine involvement in running the business. In a regional centre investment it is ordinarily satisfied by the rights held as a limited partner or member under the governing documents, which is why passive investors typically use that structure. Read the actual agreement to confirm those rights exist, rather than relying on a description in marketing material, and understand which of the two structures the plan really is.
Permanent residence expects residence
A successful case leads to conditional permanent residence for two years, followed by Form I-829 to remove conditions, generally filed during the 90-day period before the second anniversary of conditional residence. Permanent residence is a status for people who live in the United States, and extended absences raise questions about whether it has been abandoned. An investor who intends to keep running a business in Ontario and visit periodically should understand that this is a genuine tension, not a technicality, and should take advice on it before committing capital rather than discovering it at a port of entry two years later.
Get the amount and the project category right
The qualifying investment is 1,050,000 US dollars, or 800,000 for a targeted employment area or infrastructure project, under the 2022 Reform and Integrity Act, and those amounts are subject to adjustment. Confirm the current figures and whether the specific project qualifies for the reduced amount, which is a factual matter evidenced in the project's documentation. The capital must be lawfully obtained with its source and path documented, and it must be at risk, which means it can be lost.
Ten jobs, and who counts them
The investment must create at least ten full-time positions for qualifying US workers. In a direct investment the investor's own enterprise must create and evidence them through payroll. In a regional centre investment the count may include jobs calculated under an economic methodology, which is one of the principal practical differences between the two structures. Either way the requirement is tested at the conditions-removal stage, so understand at the outset who is responsible for producing that evidence and what happens if the project underperforms. Follow the capital from origin to enterprise. A source narrative should match tax records, sale documents, bank statements, transfer receipts, and the governing investment agreement without unexplained gaps. EB-5 capital is placed at risk and the case depends on job creation; approval of the initial petition does not end the process. Conditional residence is followed by a later request to remove conditions, so the operating file must be maintained from the beginning.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.