EB-5 Case Study 3: Canadian Investor — Approved Using a Trust Structure

Client Profile

A Canadian citizen earned funds through business activity and invested through a structure commonly used in Canada: a trust arrangement connected to a Canadian company.

Situation

Trusts can be legitimate and routine and are widely utlized in Canada for tax purposes. However, they often create questions for USCIS because the reviewer needs to understand:

• who benefits from the trust,
• who controls decision making and distributions,
• and how the money moves from the trust structure into the EB-5 project.

Goal

Present the trust structure in plain terms, supported by proper Canadian documentation, so USCIS can verify the lawful ownership, control, and distribution mechanics behind the investment funds.

Plan

1. Map the trust structure in a way a non-Canadian reviewer can follow.
   That means translating “how it works” into clear roles: trustee, beneficiaries, decision authority, and distribution rules.
2. Coordinate with Canadian professionals.
   Working with a Canadian attorney and accountant to support the structure and provide confirmations that align with Canadian practice and records.
3. Address background questions directly.
   When USCIS raises history-related questions, the filing strategy is to respond clearly so the record does not look incomplete or inconsistent.

Key Strategy

Treat the trust as a “governance story,” not just paperwork.
The winning move in trust cases is helping USCIS understand control and legitimacy quickly—who can authorize distributions, why distributions are permitted, and how the investor lawfully receives funds for the EB-5 investment.

Result

After the additional trust-focused work and follow-up, the case moved forward successfully.

Takeaway

Trust-based EB-5 funding can work, but it must be explained in a way that is clear to a U.S. adjudicator. The strongest cases pair clean diagrams and  explanations with professional third-party opinions and consistent supporting records.