Chapter 06 · Topic 06.5 · Investor
EB-5 visa (investment green card) for Canadians
EB-5 is the green-card-by-investment path: $1.05M standard or $800K TEA. 10 US jobs to create in 2 years. For Canadians, no visa bulletin backlog. Total timeline 3-5 years.
Direct answer · 60-second summary
The 60-second version
EB-5 is the green-card-by-investment path. Since the RIA (EB-5 Reform and Integrity Act, March 15 2022), thresholds: $1,050,000 USD in standard zone, or $800,000 USD in TEA (Targeted Employment Area: rural or high-unemployment areas). Investment must create or maintain 10 US full-time jobs within 2 years. Three paths: direct, regional center (passive, most popular), troubled business. Spouse and children < 21 are sponsored.
- $1.05M standard or $800K TEA.
- 10 US jobs direct (direct) or indirect (regional center) within 2 years.
- Conditional green card 2 years (I-526E + I-485), then permanent (I-829).
- Family: spouse + children < 21 included.
- Total timeline: 3–8 years by country backlog.
Acronyms used in this guide
- USCIS — U.S. Citizenship and Immigration Services
- DOS — U.S. Department of State
- RIA — EB-5 Reform and Integrity Act of 2022
- TEA — Targeted Employment Area (high-unemployment or rural area, EB-5)
- I-485 — Application to Register Permanent Residence (Adjustment of Status)
- EB-5 — Employment-Based 5th preference
- LPR — Lawful Permanent Resident
- PR — Permanent Resident (green card holder)
- AOS — Adjustment of Status (in-US, no consulate)
- INA — Immigration and Nationality Act
- SPT — Substantial Presence Test (IRC §7701(b))
Investment thresholds (RIA 2022)
| Zone | Threshold | TEA Definition |
|---|---|---|
| Standard | $1,050,000 USD | Outside TEA |
| TEA — High-unemployment | $800,000 USD | Area with unemployment ≥ 150 % national average |
| TEA — Rural | $800,000 USD | Outside MSA < 20,000 inhabitants |
| Infrastructure project | $800,000 USD | Government infrastructure project |
Thresholds adjust for inflation every 5 years (next review January 2027 per RIA).
Three EB-5 paths
1. Direct investment
Investor buys/creates a US business and actively manages it. Must create 10 direct US jobs in 2 years. More risk, more control.
2. Regional Center (most popular)
~80 % of EB-5. Investment goes to a project managed by a USCIS-designated Regional Center (commercial real estate, hotels, etc.). Indirect/induced jobs count. Passive investor. RC admin fees ≈ $50–80K.
3. Troubled Business
Investment in an existing US business in financial trouble. Maintain existing jobs instead of creating 10 new ones. Niche.
EB-5 process steps
- I-526E — initial petition proving: lawful source of funds, investment committed/at risk, project will create 10 jobs. Current delay 12–48 months by category.
- I-526E approved → immigrant visa or adjustment of status I-485 (if already in US).
- Conditional green card issued for 2 years.
- I-829 filed 90 days before 2-year end: prove the 10 jobs were created and investment maintained. Delay 24–48 months.
- Permanent green card approved — eligible for naturalization 5 years after conditional green card.
Source of funds: the most demanding part
USCIS requires complete traceability of invested funds. For Canadians:
- 5–10 years documentation of bank statements, T1 returns, asset purchase/sale contracts.
- Lawful source: salary, business, real estate sale, documented inheritance, market gains.
- Path of funds: trace fund movement from source to EB-5 project account.
- Legal report (Source of Funds Report) typically prepared by US EB-5 specialized attorney.
This is the longest and most expensive part in fees ($15–40K).
Backlog and timeline for Canadians
EB-5 has a 10,000 worldwide annual visa cap. For Canadians, the visa bulletin is generally current (no backlog) — unlike China, India, and Vietnam which have 5–10 year backlogs. Canadian advantage: no wait after I-526E approval.
Realistic total timeline for Canadians: 3 to 5 years between initial signing and permanent green card.
E-2 vs EB-5 for Canadians
Canadian investors often hesitate between E-2 and EB-5:
| Criterion | E-2 (visa) | EB-5 (green card) |
|---|---|---|
| Status | Temporary non-immigrant | Immigrant — permanent resident |
| Investment | ≈ $100K+ | $800K TEA / $1.05M standard |
| Jobs | "Not marginal" | 10 US jobs mandatory |
| Renewable | Indefinite | Permanent after I-829 |
| Citizenship path | Indirect | Naturalization after 5 years |
| Timeline | Months | 3–5 years |
Formulaires officiels mentionnés (liens directs)
Liens vers la dernière version connue de chaque formulaire à la date de dernière révision. Vérifier que vous utilisez la version courante avant tout dépôt — c'est votre responsabilité. CanadaFlorida.com n'est pas responsable de l'usage que vous faites de ces liens.
- Form I-526E — Immigrant Petition by Regional Center Investor. https://www.uscis.gov/i-526e
- Form I-485 — Application to Register Permanent Residence (AOS). https://www.uscis.gov/i-485
- Form I-829 — Petition to Remove Conditions on Permanent Resident. https://www.uscis.gov/i-829
- USCIS — EB-5 Immigrant Investor Program. https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program
- EB-5 Reform and Integrity Act (RIA) 2022. https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20221006-EB5ReformAndIntegrityAct.pdf
- Visa Bulletin — Department of State. https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
Every figure, rate, threshold, and deadline in this guide is drawn from a verifiable primary source listed at the bottom of the page. The article is updated whenever the underlying rules change, with a fresh review date stamped at the top.
Sources and references
Public sources verified as of the last review date.
- USCIS — EB-5 Immigrant Investor Program. uscis.gov/eb-5
- EB-5 Reform and Integrity Act of 2022 (RIA). uscis.gov/RIA-2022
- USCIS Policy Manual Volume 6, Part G — EB-5. uscis.gov/policy/eb-5
- State Department Visa Bulletin. travel.state.gov/visa-bulletin
- INA §203(b)(5). cornell.edu/§1153
Disclaimer
This guide is for educational purpose only. Figures, rates, thresholds, timelines and rules are drawn from public sources at the date shown and may change.
For any concrete decision, consult a licensed US immigration attorney and a cross-border tax attorney.