IN THIS GUIDE · Trace the land and the quota before the money moves
Start with the EB-5 eligibility and application overview
The sale contract is the last link, not the first
USCIS examines the source of the capital and its path into the enterprise. For proceeds of a land sale, the trace runs backward: the deed of sale and the notary's statement of adjustments show what was received; the registered title history shows when and how the land was acquired; if it was inherited or bought from a parent, the succession documents or the earlier deed show that step; property tax and farm income records show the asset was held lawfully in between. Assemble these from the land registry and the family's own files before treating the expected proceeds as available capital.
Quota, land and equipment have separate paper trails
Dairy quota in Quebec is transferred through the marketing board's processes, and the records of that transfer, the price and the payment are distinct from the land sale. Equipment sold at auction has its own invoices and settlement statements. Do not merge the three into one figure in the file; each block of proceeds needs its own origin, its own sale record and its own bank entry showing arrival. Where a family corporation holds the assets, add the corporate records showing the shareholders and how the corporation distributes the proceeds to the individual investor, since the investor, not the company, is the petitioner.
Apply the current capital and job conditions to the chosen project
Under the 2022 reform, the standard amount is US$1,050,000, reduced to US$800,000 for a project in a targeted employment area or an infrastructure project; verify the figures at the time of filing. The enterprise must create at least ten full-time positions for qualifying U.S. workers, directly or, through a regional center, using the methodology the program allows. The investor must be engaged in management or policy formulation, which a limited-partner role in a regional center project can satisfy. Read the project's offering documents for how it counts jobs and what happens if the count falls short.
Plan the conditional period and the family list from the start
After petition approval, visa availability and either admission on the immigrant visa or adjustment of status lead to two years of conditional permanent residence. The investor then files Form I-829 in the ninety days before the second anniversary to show the investment was sustained and the jobs were created. The spouse and unmarried children under twenty-one are derivatives; a child close to twenty-one should be assessed under the child-status protection rules before filing. List every family member intended to immigrate now, because adding someone later is not always possible, and keep the family's Canadian tax and residence planning separate from the immigration calendar.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.