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OSHAWA · EB-5 FIELD GUIDE

Does Canadian citizenship determine my EB-5 visa queue?

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THE DIRECT ANSWER

Not necessarily. Chargeability generally follows country of birth, subject to applicable exceptions. Residence in Oshawa or possession of a Canadian passport does not by itself establish which visa-availability category applies.

Confirm the category before interpreting a chart

Provide the principal investor’s and spouse’s birth details and ask counsel to assess any relevant exception. Identify the EB-5 classification supported by the investment. Then compare the case’s priority date with current official instructions.

Do not assume a project’s general statement about Canadian investors applies to every Canadian citizen or to your particular family circumstances. Establish the category once and then watch for what changes it. Chargeability generally follows country of birth subject to applicable exceptions, so a Canadian passport and a Canadian address settle nothing on their own.

Give counsel the principal investor and spouse birth details and ask for any relevant exception to be assessed, then identify the classification the investment actually supports and compare the priority date against current official instructions. Ask specifically which future events would require the analysis to be revisited, since family circumstances and official information both move. A project general statement about Canadian investors describes a marketing audience rather than a legal position and cannot be applied to a particular family.

Record the date of the assessment and the information it relied on.