IN THIS GUIDE · What to ask the financial adviser before pension money becomes EB-5 capital
Start with the EB-5 eligibility and application overview
Ask which funds can actually be withdrawn and what remains after tax
A commuted pension value may be partly locked in under pension legislation and partly paid as taxable cash; an RRSP withdrawal is taxable income in the year it is taken. The amount available to invest is the after-tax, unlocked amount, not the statement balance. The financial adviser should produce a written schedule showing each source, the withdrawal mechanism, the tax withheld and the net cash, because that schedule becomes both the investment budget and the backbone of the source-of-funds file.
Document the source and path with the same care as earned income
Lawful source for pension and RRSP funds is shown through employment history, pension plan statements over the years, contribution records, the commuted-value election and the plan administrator's payment confirmation, plus RRSP statements and the withdrawal confirmations with tax slips. The path runs from the plan administrator to his bank account and on to the escrow. Each transfer should be visible in statements, and any interim movement between accounts should be explained. Old records should be gathered early because plan administrators can take time to produce them.
Read the project for jobs, engagement and the current threshold
The regional-center offering should state whether the project is in a targeted employment area or is an infrastructure project, which determines whether the reduced amount applies, and should provide the designation evidence. The economic analysis supporting job creation should be reviewed for its assumptions. The partnership or operating agreement should give him the rights that satisfy the engagement requirement. Thresholds and program rules are subject to change, so the amounts must be confirmed at filing.
Plan the residence stages and who is included
Approval leads to conditional permanent residence for two years, with Form I-829 filed in the 90 days before the second anniversary to remove conditions by showing the investment was sustained and the jobs created. His wife is a derivative; the adult daughter and grandchildren are not. Once he is a permanent resident, extended time in Canada can affect that status, which a retiree who keeps a New Brunswick home must plan for.
Direct investment expects the investor to be engaged
The investor must be engaged in the enterprise through management or policy formulation rather than holding a purely passive interest, which for somebody running a production company is straightforward and should still be evidenced with titles, decisions and signatures. Ask the operator for the hours-based roster before committing, decide whether the direct or regional-centre structure fits the actual workforce, and keep the two-year residence period and the removal petition on a calendar from the day residence is granted. A narrow exception permits a buyback option exercisable solely at the enterprise’s discretion; exercising it requires withdrawal of the petition unless the applicable sustainment and other requirements have been fulfilled. Where the investment is made through a regional centre, certain indirect and induced jobs may be counted under statutory methodologies, and where it is a direct investment the ten positions generally have to exist on the enterprise's own payroll.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.