The processing time for the EB-5 Canada investors’ visa averages 3-5 years. Recent trends show a significant reduction in application backlogs. This means processing times will keep getting better.
So if you’re a Canadian investor looking to pursue your U.S. permanent residency, then this could be the perfect time to start your journey.
In this article, we’ll walk you through everything you need to know about the EB-5 program. You’ll discover the step-by-step application process, learn about key requirements, and your special advantages as a Canadian investor.
Let’s get started!
How the EB-5 Canada Investors’ Visa Leads to U.S. Residency
The EB-5 Immigrant Investor Program offers EB-5 investors from Canada a clear path to U.S. permanent residency. It allows you to invest in a U.S. business that creates jobs for American workers in exchange for your green card.
You have two options to participate in the EB-5 program:
- Start your own business through direct investment.
- Or join a pre-qualified project through an EB-5 regional center.
Here’s what you need to know:
- Invest $800,000 or $1.05M (amount depends on the location)
- Create at least 10 full-time jobs for U.S. workers
- Keep your investment active during the 2-year immigration process
The concept is simple. Invest, create jobs, and get your EB-5 green card. We’ll walk you through each step to help you understand the process better.
9 Steps to EB-5 Investor Visa Apply from Canada
Following the right steps can increase your approval rate and help you avoid common pitfalls. Here are the 9 steps to participate in the EB-5 program as a Canadian investor.
1. Initial Consultation and Team Assembly
Your first move is to find an experienced EB-5 immigration attorney. They will guide you through the complex visa process and help you avoid expensive mistakes. Then build a strong support team around you. You could bring in a:
- Securities attorney to review investments
- Financial advisor to manage your portfolio
- Tax expert who knows U.S.-Canada tax laws.
Pro Tip: If you plan to make a direct investment, add a business plan writer to your team.
2. Investment Project Selection
Choose between direct investment or regional center investment. Regardless of which one you choose, you must research potential projects thoroughly.
Examine their business plans, check economic reports, and verify how they’ll create jobs. Look at the project’s track record and evaluate its exit strategy. If you’re working with a regional center, ask questions about the investment timeline and expected returns.
Your team can help you spot red flags and identify promising opportunities that match your goals.
3. Source of Funds Documentation
This is the step where you must prove your capital investment comes from legal sources.
Gather documents that show how you earned or received these funds. This includes your:
- Personal income records
- Business ownership papers
- And investment records.
If you sold a property, include the sales paperwork. Keep your tax returns from both Canada and the U.S. handy. Got funds from gifts or inheritance? Add those documents too. Your attorney will help you organize this paperwork clearly.
4. Investment Execution
This step puts your investment plan into action. Set up your investment vehicle if needed (your lawyer can help with this). Then, transfer the required amount ($800,000 or $1.05M). Ensure to strictly follow proper banking procedures.
Then sign all legal documents and subscription agreements. Some projects might need escrow arrangements. Make sure these are completed correctly.
Pro Tip: Keep copies of all transaction records and signed paperwork.
5. I-526E Petition Filing
File Form I-526E with strong supporting evidence. Include your passport, birth certificate, and all project documents. Add your source of funds evidence and detailed business plan.
Show how your investment will create jobs through economic impact analysis. And double-check that all documents are current and accurate before filing
Note: Make sure job creation projections are clear and realistic. This will boost your chances of getting approved.
6. Conditional Green Card Process
After your I-526E gets approved, file your DS-260 immigrant visa application. Here’s how:
- Schedule an interview at the U.S. consulate in Canada.
- Pack all your supporting documents for the interview.
- Once approved, you’ll enter the U.S. and receive your 2-year conditional green card.
This card lets you live and work freely in the United States while maintaining your investment.
7. Investment Maintenance Period
Keep your investment active during your conditional residence period.
As of the writing of this guide, the conditional residence period is 2 years. Watch your project’s progress closely. Document all job positions created by your investment. And save records of business activities and maintain detailed files of all transactions.
You should also stay in touch with your project managers (if you’re working with a regional center) and get regular updates. Your attorney should review these documents to ensure everything meets USCIS requirements.
8. I-829 Petition Process
The next step is to file your I-829 petition 90 days before your conditional green card expires. Show USCIS that you’ve kept your investment intact and created the required jobs.
You need to provide proof that your business operates according to the original plan. Also, include documents showing project compliance and successful job creation.
Note: Your attorney will help gather evidence that proves you’ve met all EB-5 requirements.
9. Permanent Green Card Issuance
Once USCIS approves your I-829 petition, you’ll receive your permanent green card. This marks the end of your EB-5 journey. You’re no longer required to keep your investment. You can now decide to either stay invested or exit the project.
Your status as a green card holder won’t change regardless of what you choose to do with your investment.
Welcome to your new life as a permanent U.S. resident!
EB5 Requirement Details for Canadian Investors
Here’s a comprehensive breakdown of EB-5 requirements for Canadian investors.
| Personal and Family Documentation | Financial Requirements | Immigration Requirements |
| – Valid Canadian passport- Birth certificate- Marriage certificate (if applicable)- Divorce decree (if applicable)- Current resume/CV- Police clearance certificates- Personal tax returns (Canadian and U.S. if applicable)- Proof of current residential address- Marriage certificate- Birth certificates for children under 21- School records for children- Medical examination results for each family member- Passports for all family members- Proof of relationship documentation | – Minimum investment amount documentation ($800,000 or $1.05M)- Bank statements (personal and business)- Investment portfolio statements- Property ownership documents- Business ownership documentation- Securities/stock certificates- Loan documentation (if investment capital is borrowed)- 5 years of income tax returns- Employment verification letters- Salary statements/pay stubs- Business financial statements (if self-employed)- Property sale documents (if funds from real estate)- Gift documentation (if applicable)- Inheritance documentation (if applicable)- Stock sale confirmations (if applicable) | – Form I-526E petition- Supporting evidence of lawful entry and stay in the U.S. (if applicable)- Evidence of maintaining investment during the conditional period- Proof of job creation- Form I-829 petition (for condition removal)- Medical examination results- Photographs meeting USCIS specifications- Comprehensive business plan- Economic impact analysis- Job creation methodology and projections- Evidence of investment in a Targeted Employment Area (if applicable)- Regional Center certification (if investing through RC)- Corporate formation documents- Operating agreements- Subscription agreements- Evidence of funds transfer to the business account- Securities law compliance evidence- Project licensing and permits- Corporate governance documents- Employment verification for created jobs- Quarterly project reports- Bank statements showing ongoing business activity |
If you’re directly investing in an EB-5 project, you have to submit these additional requirements:
- Proof of day-to-day management role
- Business lease or purchase agreement
- Employee records
- Business licenses and permits
- Vendor contracts
- Customer contracts
- Marketing materials
Note: This is the current list of all EB-5 requirements and documentation as of the writing of this guide. Requirements might vary slightly based on the changes in USCIS policies or whether you choose direct investment or Regional Center investment.
Advantages of the US Investment Visa for Canadian Investors
The EB-5 program requirements stay the same for investors from all countries. However, Canadian investors enjoy a few unique benefits. Let’s go through them one by one.
Get Your Visa Approved More Quickly
In general, Canadian applications move through the system faster.
First, because most of your documents won’t need translation. Also, the document authentication process stays simple. Since U.S. officials process Canadian paperwork efficiently. Lastly, your geographical proximity speeds up document delivery and communication with USCIS.
Historically High Approval Rates
During the past years, Canadian investors see strong approval rates for EB-5 applications. Background checks usually finish faster than those from other countries – since U.S. immigration officials trust Canadian documentation. Also, similar legal systems help prevent common application mistakes.
Move Your Money Without Hassle
Moving money between Canada and the U.S. runs smoothly. Banks in both countries maintain strong relationships. Proving your source of funds becomes simpler because U.S. authorities recognize Canadian financial documents. The U.S.-Canada tax treaty makes tax planning clearer.
Note: Your funds face fewer transfer restrictions compared to other countries.
Quick Access to Legal Support Team
For Canadians, finding and meeting with U.S. legal experts becomes straightforward. You can schedule face-to-face meetings with attorneys and advisors without major travel planning. Many professionals work across both borders and understand both countries’ systems. This helps streamline your application process and investment strategy.
Monitor Projects with Ease
Living close to the U.S. makes project management simpler and more cost-effective.
You can visit your investment sites whenever needed without long international flights. The short travel distance lets you check on your project’s progress in person. Meaning, you’ll have more control over your investment by being physically present when needed.
Familiarity with North American Business Practices
Canadian business culture closely matches the U.S. system. That means, you probably already understand how North American companies operate. Your experience in the Canadian market helps you grasp U.S. business dynamics faster. The legal and banking systems share many similarities. Canadian accounting standards align well with U.S. practices.
Aside from that, English serves as the main business language. So you won’t need to translate the documents or hire a translator during your interviews.
Start Your U.S. Journey from Canada with Austin EB5
The EB-5 Immigrant Investor Program opens a reliable path to U.S. permanent residency for Canadian investors. Your geographical location, cultural similarities, and strong financial ties between both countries give you unique advantages.
Ready to start your EB-5 journey? Our team at Austin EB5 can help you find investment projects that match your goals and maximize your chances of success. Schedule a consultation with our experts today to discuss your investment options and get personalized guidance for your U.S. immigration plans.
EB-5 Canada Investors Visa FAQs
What is the EB-5 visa program?
The EB-5 visa program is a U.S. immigration program that allows foreign investors, including Canadian citizens, to obtain a green card by investing in a new commercial enterprise that creates jobs in the United States.
How can Canadian citizens apply for an EB-5 visa?
Canadian citizens can apply for an EB-5 visa by making the required minimum investment amount in a U.S. EB-5 project that meets the job creation requirement. This process involves submitting an EB-5 visa application and demonstrating compliance with the program’s requirements.
What are the investment requirements for the EB-5 visa?
The investment requirements for the EB-5 visa include a minimum investment amount, which is typically $1 million, or $500,000 in targeted employment areas. The investment must create at least 10 full-time jobs for U.S. workers.
What is a regional center project in the EB-5 program?
A regional center project is an investment opportunity that is designated by the U.S. Citizenship and Immigration Services (USCIS) to facilitate EB-5 investments. These projects often pool investments from multiple EB-5 investors, and they typically focus on job creation in specific geographic areas.
What are the benefits of the EB-5 visa for Canadian investors?
The EB-5 visa offers several benefits for Canadian investors, including the ability to receive a conditional green card, potential pathway to U.S. citizenship, and access to investment opportunities in a stable economy.
How long does the EB-5 visa application process take?
The EB-5 visa application process can vary in duration, but it typically takes several months to a few years. This depends on factors such as the processing time of the USCIS and the investor’s compliance with the EB-5 requirements.
What is the job creation requirement for the EB-5 visa?
The job creation requirement for the EB-5 visa mandates that the investor must create or preserve at least 10 full-time jobs for U.S. workers within two years of the investment being made.
Can Canadian nationals receive a conditional green card through the EB-5 visa?
Yes, Canadian nationals can receive a conditional green card through the EB-5 visa by fulfilling the investment and job creation requirements outlined in the EB-5 visa program.
What are the common EB-5 visa interests for Canadian investors?
Common EB-5 visa interests for Canadian investors include the potential for citizenship by investment, the security of their investment, and the opportunity to live and work in the U.S., as well as the ability to access quality education and healthcare services.
