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FOR IMMIGRANT INVESTORS · MINDEN HILLSMinden Hills

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A Kawartha Lakes EB-5 investor whose capital depends on another transaction should distinguish available funds from contingent proceeds. EB-5 requires lawful source and path, qualifying capital at risk at the applicable US$1,050,000 standard or US$800,000 for a qualifying targeted employment area or infrastructure project, and at least ten full-time jobs for qualifying U.S. workers. The investor must engage in management or policy formulation. A spouse and unmarried children under 21 may derive status; residence is conditional for two years and later requires Form I-829. A target payment date is not proof of completed funding. An EB-5 review should separate an investor’s liquidity from capital that has actually entered a qualifying structure. It tracks the lawful source and path, the commitment terms, the job-creation method, and the immigration stages that follow a petition. EB-5 capital must be placed at commercial risk and the investment must meet the applicable job requirement, generally ten qualifying jobs. Approval does not itself grant permanent residence; residence begins only through the appropriate immigrant-visa or adjustment process and is initially conditional. Hypothetical example: a rooftop-greenhouse fabricator expects an equipment sale to fund the investment, but the buyer requests a new condition. Expected proceeds must remain clearly distinguished from capital actually committed.

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 · Identify the funding dependency before relying on an investment date

01

Map the dependent transaction

Hypothetical example: an investor plans to fund a project after selling another asset, but that sale is postponed. Identify actual ownership, liabilities, conditions and expected proceeds without describing them as received. Review what the delay changes in the real investment proposal. Treat the dependent sale as a chain of proof rather than a single expected cheque. The file may need ownership records, acquisition evidence, sale contract, closing statement, bank records, tax records, and transfer evidence. If a condition remains unsatisfied, describe it accurately and decide whether the intended filing sequence remains viable.

02

Trace funds when they actually move

Provide genuine source, sale and transfer records as applicable. Separate fees, reserves and qualifying capital. Confirm the current applicable threshold and treatment of the actual commitment rather than assuming a project reservation settles the investment requirement. Separate every payment by purpose and recipient. A project reservation, administrative charge, subscription amount, escrow deposit, and qualifying capital can have different legal and commercial consequences. A useful ledger records the date sent, source account, receiving account, restrictions, refund rights, and document proving the movement.

03

Review project and job evidence independently

Identify standalone or regional-center structure and assess qualifying job creation using the relevant method, generally ten jobs. A sponsor’s willingness to wait for funding does not establish all immigration requirements. Project forecasts and individual funding evidence serve different purposes. Ask whether the job analysis corresponds to the selected structure and the investor’s actual capital placement. Business plans, economic reports, payroll records, and project agreements answer different aspects of that question. A projected job total does not cure a source-of-funds gap, and a clean funds trail does not replace the required job evidence.

04

Reassess family and outcome questions

Review visa availability, admissibility and derivative eligibility, including any CSPA issue, using actual dates. Filing does not automatically freeze age. A delayed asset sale or revised project schedule does not guarantee repayment, approval or a new residence date. Build a family timeline that has separate columns for the petition, visa availability, consular or adjustment stage, conditional residence, and later condition removal. This keeps a commercial payment extension from being mistaken for an immigration benefit. It also shows when age, travel, work, or residence planning needs individual attention.

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 investor must engage in management or policy formulation. A spouse and unmarried children under 21 may qualify as derivatives during the two-year conditional-residence stage. Use the filing-date law and current official instructions for the capital level, project designation, fees, and process. Do not rely on a headline amount or a sponsor presentation as a complete legal analysis. The final decision should state which requirements are proved, which are contingent, and which still need records.

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