IN THIS GUIDE · Trace farmland sale proceeds from a Sunbury-York South family into an EB-5 investment without gaps
Start with the EB-5 eligibility and application overview
Prove where the land came from, then where the money went
Source of funds means the origin of the capital, and for inherited or long-held land that means the chain of title: the original purchase or inheritance, the probate records, any subdivision and the tax history. Path of funds means the movement: the sale agreement, the lawyer’s trust ledger, the deposit into the family account, the conversion to U.S. dollars and the wire to the project’s escrow. Every step needs a statement. A gap of even one transfer invites a request for evidence.Identify whether the chosen project is direct or regional-center based before assuming how job creation will be counted. The business plan and economic evidence should use the method applicable to that structure.
Separate the household’s money from the farm’s
If the land was owned by a farm corporation rather than by the individuals, the sale proceeds belong to the corporation, and a dividend or shareholder loan must be documented before the investor can call the money her own. Corporate tax returns, resolutions and the T5 or loan agreement establish that step. Capital gains tax owed on the sale should be shown as paid or provided for, because unpaid tax on the source raises a lawfulness question.Trace each transfer with matching bank statements, closing records, tax filings, and explanations for gaps. A summary prepared later cannot replace documents created when the money actually moved.
Understand the project’s job count and your role
A regional-center project counts direct and indirect jobs under an economic model; a direct investment counts only the enterprise’s own employees. Read the offering documents for how the ten jobs attributable to this investor will be created and when. As a limited partner, the investor participates in policy formulation through the rights the partnership agreement gives her; confirm those rights are real.Compare projected positions with payroll feasibility, not just a promoter’s headline. The enterprise needs a credible route to the required qualifying jobs within the conditional-residence framework.
Plan the two-year conditional period
Approval leads to conditional permanent residence for the investor, her spouse and unmarried children under twenty-one. Form I-829 is filed in the ninety days before the second anniversary to remove conditions, and it requires proof that the capital satisfied the legally applicable sustainment period and that the job-creation requirement was met under the current rules. Keep the project’s reports from the first day.Choose the filing calendar only after checking visa availability and derivative ages. Conditional residence is not the final stage; the removal-of-conditions record must be planned at the outset.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.