IN THIS GUIDE · Ask the right questions before choosing a direct EB-5 investment over a regional center
Start with the EB-5 eligibility and application overview
Questions for the business partner
Hypothetical example: a Torbay dentist plans to invest US$1,050,000 in a U.S. dental-support organization that a colleague is founding, taking an equity stake and a policy role on its board. Ask the colleague: will the enterprise itself employ the ten workers on its own payroll, or will they be employed by affiliated practices; will each position be full-time, meaning at least 35 hours a week; will the workers be U.S. citizens, permanent residents or otherwise authorized, since the investor and her family do not count; and when will hiring occur relative to the two-year conditional period. Answers that depend on affiliated entities or part-time staff mean the plan needs restructuring before filing.
Questions for the accountant
The sale of a Canadian dental practice generates proceeds that must be traced: the practice sale agreement, the allocation between goodwill, equipment and receivables, the lawyer's statement of funds, the tax treatment, and the deposit into the dentist's account. Ask the accountant to prepare that chain and to document how the practice was originally acquired and built, because lawful source extends to the origin of the asset sold. Then ask how the capital will be transferred to the enterprise by traceable wire in the dentist's own name and whether any portion is borrowed. Under current USCIS policy, lawfully obtained loan proceeds contributed to the enterprise are evaluated as cash rather than under the former own-assets collateral rule; their lawful source and path and the investment's at-risk character still must be proved.
Questions for the reviewer
Ask whether the proposed board role satisfies engagement in management or policy formulation, which for a corporation generally requires a genuine role, not a title. Ask whether the business is a new commercial enterprise or a restructured existing one, since the rules differ. Ask whether the location qualifies as a targeted employment area under the current designation rules, which would reduce the required capital to US$800,000; if it does not, the standard amount applies. Ask what happens to the capital and the residence if hiring falls short at the I-829 stage.
Thresholds, timing and family
The capital amounts are those verified September 7, 2026 and are scheduled for inflation adjustment from January 1, 2027; the governing figure is the one in force at filing. After approval, an immigrant visa is issued when available under the Visa Bulletin, followed by two years of conditional residence and Form I-829 within the ninety days before the second anniversary. The dentist's spouse and unmarried children under 21 are derivatives, with age determined under the Child Status Protection Act. Petition fees are in Form G-1055.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.