No. The source, terms, ownership and actual investment still need assessment under the applicable rules. Borrowing is neither a universal prohibition nor automatic qualification.
Follow the applicant’s real arrangement
A French River applicant should identify who borrowed, who controls the proceeds and how they enter the enterprise. Gift and loan arrangements must satisfy the relevant good-faith and noncircumvention requirements. A lender’s willingness to advance funds does not establish the investor’s remaining eligibility.
The applicable minimum depends on whether the enterprise is in a targeted employment area or otherwise qualifies for a reduced threshold; standard and reduced amounts differ, and infrastructure, rural and high-unemployment projects are also treated as distinct set-aside categories with their own visa allocations. Under the 2022 legislation the standard investment amount is one million fifty thousand United States dollars, with eight hundred thousand for a qualifying targeted employment area or infrastructure project, and the statute provides for periodic adjustment. The requirement is that the capital was lawfully obtained and can be followed in an unbroken line from origin to enterprise, which for a business family means corporate statements, tax filings across years, sale documents for any asset liquidated, and statements covering every account involved.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153(b)(5) — investor capital and adjustment provisions
- USCIS — Form I-829
- Current EB5 capital, gift and loan provisions
- USCIS I829 instructions