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BALDWIN · EB-5 FIELD GUIDE

Can a genuine gift be used for EB-5?

Sources checked:

THE DIRECT ANSWER

A gift can be considered, but its lawful source and path need evidence. Calling a transfer a gift does not eliminate the funding review.

Document the donor’s side

Identify how the donor obtained the funds, the actual gift terms and the transaction into the investor’s control. Connect that history to the investment. If money was borrowed or jointly owned, disclose those facts rather than assuming a gift letter resolves the underlying ownership and source questions.

The capital must be invested and remain at risk in a qualifying commercial enterprise, its lawful source and path must be documented, and at least ten qualifying full-time jobs must be created, with permitted counting methods differing between standalone and regional centre structures. Ask counsel to review the change before any pending capital call, further instalment, or escrow release moves, because money already deployed into a revised structure is harder to argue about than money still held. Where the slowest asset would delay filing beyond a point the household cares about, ask counsel what could be done differently: a smaller initial commitment where the structure permits it, a different funding source, or simply a later date.