IN THIS GUIDE · Borrowed capital can qualify, but only if the security is yours and not the new company's
Start with the EB-5 eligibility and application overview
What the amounts are and why the date matters
The standard qualifying investment is US$1,050,000. Where the new commercial enterprise is principally doing business in a qualifying targeted employment area, or is an infrastructure project, the figure is US$800,000. Those are the amounts set by the Reform and Integrity Act, and the statute provides for them to be adjusted with effect from 1 January 2027 and periodically after that. An investor working through 2026 therefore has a real reason to know which side of that date his filing will fall on, and to confirm the figure applicable on the day he files rather than the figure he was quoted when he started planning. Targeted-employment-area designation is not something a project can simply assert about itself, and the basis for it should be examined.
Lawful source, and the path the money took to get here
Two distinct proofs are required, and applicants routinely prepare only the first. Source means the lawful origin of the wealth: in Réjean's case the years of business income that paid the building off, evidenced by tax returns, financial statements and the original purchase records. Path means the traceable journey of the specific funds being invested, from the bank's advance, through his accounts, to the enterprise, with every intermediate step documented and every gap explained. Borrowed capital adds a third strand, because the loan agreement, the security instruments and the evidence of his personal liability all have to be produced. A mortgage registered against his Québec building supports the claim. A charge registered against the American company's assets would defeat it.
Jobs, engagement, and the two years that follow approval
The investment must create at least ten full-time positions for qualifying United States workers, and ten is a floor rather than a target. Réjean must also be engaged in the enterprise's management or policy formulation, which is a lower bar than the day-to-day control E-2 expects but is not satisfied by passivity; a limited partnership interest with the rights that ordinarily accompany it is the usual answer for a regional-centre investment. If the petition succeeds, he, his spouse and any unmarried children under twenty-one become conditional permanent residents for two years. The conditions are removed on Form I-829, filed in the ninety days before the second anniversary, and that petition is where the job creation and the sustained investment actually have to be demonstrated.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.