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SAINTE-CATHERINE-DE-HATLEY · EB-5 FIELD GUIDE

As a Sainte-Catherine-de-Hatley applicant, does selling a valuable portfolio automatically establish lawful EB-5 funds?

Sources checked:

THE DIRECT ANSWER

The sale explains liquidation, while the underlying lawful acquisition and ownership still need support.

Follow the history before the sale

Identify how the investor obtained the securities and reconcile the proceeds with the intended contribution. Do not assume that a regulated broker’s statement alone resolves every source-of-funds fact.

Begin the source review when each security was acquired, not when it was sold. Gather purchase statements, acquisition funding, tax documents, ownership history, sale confirmation and transfers to the new commercial enterprise. The EB-5 minimum is US$1,050,000; it falls to US$800,000 for a qualifying targeted-employment-area or infrastructure investment. The enterprise must create ten jobs, each full time, for qualifying U.S. workers; the investor participates in management or policy. Regional-center investors use Form I-526E; direct investors use Form I-526. Capital needs a lawful source and path. Immigrant-visa admission or adjustment approval yields two-year conditional residence, and Form I-829 must be filed within the 90-day period immediately preceding the second anniversary; a spouse and unmarried children under 21 may qualify as derivatives.

Hypothetical example: An orthodontist in Sainte-Catherine-de-Hatley liquidates shares accumulated from documented practice income over twelve years. Brokerage statements prove the sale, but she also retrieves tax returns, bank transfers and original trade confirmations showing how the portfolio was built. Before subscribing, she decides whether the structure is regional-center or direct and reviews its job-creation evidence. She does not treat the broker’s compliance procedures as proof of her personal source history. If a contribution includes borrowed or jointly owned money, its terms and ownership need their own trace instead of being folded into the final cash balance.