IN THIS GUIDE · A Central Frontenac heir choosing a direct EB-5 investment must prove the estate's money, count ten direct jobs and stay involved in the business
Start with the EB-5 eligibility and application overview
Direct jobs must be on the enterprise's own payroll
In a regional-center project, indirect and induced jobs modelled by an economist may be counted. In a direct investment, the ten jobs must be full-time positions for qualifying employees of the new commercial enterprise itself, or of a wholly owned subsidiary, and must be created within the required period. A repair shop that opens with four mechanics, a service writer and a bookkeeper must show a credible plan to reach ten within the window and keep them. Part-time positions do not count, and two part-time positions may be combined only within the specific job-sharing rule. Independent contractors are not employees.
An inheritance is a lawful source only when the estate is documented
USCIS requires the investor to show that the capital was obtained by lawful means and to trace its path into the enterprise. For inherited money that then passed through a business sale, the file needs the will or intestacy documents, the estate's accounting, the transfer of the business to the heir, the sale agreement and closing statement, the tax filings on the sale and bank records tracing the net proceeds to the account that funds the investment. Gaps in the chain, such as a transfer between family accounts without paperwork, are the usual cause of requests for evidence.
Involvement means more than owning shares
The investor must be engaged in the management of the enterprise, either through day-to-day management or through policy formulation. A direct investor who is a director, has voting rights on hiring and capital spending and attends management meetings satisfies this comfortably. A passive shareholder who leaves everything to a general manager does not. Document the role in the operating agreement and keep minutes.
Conditional residence and the second filing
Approval leads to two years of conditional permanent residence for the investor, her spouse and unmarried children under 21. Before the second anniversary she must file to remove conditions, showing that the investment was sustained and the jobs were created or will be within a reasonable time. Build the record from the first day of operation: payroll reports, quarterly tax filings and headcount by quarter. The removal filing is much easier when the evidence was collected as it happened. The investor should calendar the filing window well before the second anniversary of admission and reconcile the business records to the original plan. Conditional residence is not a trial period that can be ignored after approval: the investment must have been sustained and the job evidence must be organized for the later filing.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.