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STRATHROY-CARADOC · EB-5 FIELD GUIDE

Does selling a long-held family farm simplify the EB-5 lawful-source analysis?

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THE DIRECT ANSWER

It can provide a clear starting point, but the analysis still needs to trace the funds fully, including any co-ownership, inheritance, or prior mortgage history, and the project's own job-creation evidence still needs to be established separately.

Treat a clear sale as a starting point, not a finished answer

A documented arm's-length sale is a helpful anchor for the lawful-source history, but questions about how the land was originally acquired, whether it was jointly owned, and how proceeds were divided still need answers. None of that substitutes for the separate job-creation evidence the specific EB-5 project must independently provide.

A clean sale helps source tracing but does not simplify the investment and employment tests. Required EB-5 capital is US$1,050,000. It falls to US$800,000 for investment in a targeted employment area—rural or high unemployment—or an infrastructure project. Capital must be at risk and invested or actively in the process of being invested. The enterprise must produce ten full-time jobs for qualifying U.S. workers. Review how the applicant acquired and held the land, how liens and co-owners were paid, the complete path into the enterprise, and the project's job methodology. The common mistake is treating a valuable family asset as proof of lawful source and job creation without documenting either chain.

Hypothetical example: A soybean grower outside Strathroy-Caradoc sells land and proposes a standalone investment in a U.S. component plant. Counsel traces the original purchase, mortgage discharge, closing distribution, conversion, and enterprise transfer, then separately tests the hiring plan for ten qualifying positions. Whether the plant's location meets a targeted-area definition is verified for that project; the rural character of the Ontario farm does not lower the required capital.