IN THIS GUIDE · Acquiring an operating U.S. company from Montréal-Est and documenting EB-5 job creation
Start with the EB-5 eligibility and application overview
Existing staff are not automatically your ten jobs
At least ten qualifying full-time positions must be attributable to your investment, and the permitted counting method differs between a direct investment and a regional center project. Employees already on the books when you sign may or may not count; some acquisitions rely on a preservation basis instead of new hiring. That determination is fact-specific, and your counsel should reach it from the actual company records, not from an assumption. Start with payroll, tax and organizational records that identify each position, hours, start date and relationship to the enterprise. The decision is which jobs are countable under the selected structure, not how many names appear on a list. A business downturn or preservation theory needs its own reliable factual foundation.
Capital amount and at-risk placement
The standard qualifying investment is US$1,050,000, or US$800,000 for a project in a targeted employment area or qualifying infrastructure project. Statutory adjustments begin January 1, 2027, so recheck the figure closer to filing. The capital must be genuinely at risk in the enterprise; purchase price allocated to goodwill or to the seller is examined for what it actually funds in the business. Compare the transaction documents with the business budget and identify what the enterprise receives after closing. Capital must remain subject to risk of gain or loss and must support the required employment outcome. Do not characterize a return-guaranteed arrangement as qualifying capital merely because the money changed hands.
Lawful source and path of the purchase funds
USCIS looks at both where your money came from and how it travelled to the enterprise. Business sale proceeds, financing, or a gift each need their own lawful-source record; a gift is acceptable when the donor's funds are documented. Prescribed historical tax records may be required, so do not assume older filings are irrelevant. Wire paths through Canadian and U.S. accounts should be traceable end to end.
Which petition, and what follows it
A standalone direct investment uses Form I-526; a regional center investment uses Form I-526E, and a regional center designation is not an endorsement or an approval guarantee for the project you buy into. After the petition come visa availability, then an immigrant visa abroad or an adjustment you are genuinely eligible for, conditional residence, and ordinarily an I-829 filed within the ninety days before the second anniversary. An approved route does not skip the later evidence. EB-5 residence is conditional at first, and removal of conditions requires the applicable showing about the investment and qualifying job creation. Set a record-retention plan before filing so payroll, expenditures and changes in the business can be documented when they occur.
Turning proceeds into a qualifying investment
The investment must be at risk with applicable sustainment, create at least ten qualifying permanent full-time jobs per investor, and involve management or policy participation, including qualifying limited-partner rights.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.